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Rymer v. Polo Golf Country Club Homeowners Ass'n Inc.

The trial court erred in granting summary judgment to the defendant homeowners association on the plaintiffs' claim for breach of legal duty based on a voluntary undertaking, as a genuine issue of material fact remained as to whether the defendant promised to repair certain stormwater drainage facilities and then failed to do so.

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John and Diane Rymer and the Diane L. Rymer Family Irrevocable Trust the Rymers filed suit against Forsyth County the County and the Polo Golf and Country Club Homeowners Association Polo, asserting, inter alia, claims for nuisance, promissory estoppel and breach of legal duty, after the basement of their home in the Polo Fields subdivision flooded several times.1 The trial court granted Polo’s motion for summary judgment as to all of the Rymers’ claims. The Rymers appeal, contending that the trial court erred in granting summary judgment to Polo because 1 Polo is estopped from denying that it has a duty to undertake repairs to the stormwater facilities, 2 Polo was obligated to either make repairs or force other residents to make repairs, and 3 Polo is liable for maintaining a nuisance.2 For the reasons that follow, we agree that Polo is entitled to summary judgment as to the Rymers’ claims for promissory estoppel, nuisance and breach of a legal duty arising under Polo’s restrictive covenants and we affirm the trial court’s order as to those claims. We, however, find that there are genuine issues of material fact as to whether Polo voluntarily undertook to make repairs to other homeowners’ properties and, accordingly, we reverse the trial court’s grant of summary judgment to Polo on the Rymers’ claim for breach of legal duty based on a voluntary undertaking.

Summary judgment is appropriate when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. We apply a de novo standard of appellate review and view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.

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