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A Cary homeowner’s association has won a lawsuit involving a pedestrian easement at the center of a viral video last year.
The video showed a confrontation between two men over a trail entrance between two properties on Montibello Drive in Cary. One man was seen jackhammering the trail entrance.
Keith and Angela Myers own both properties in the Beechtree neighborhood.
The developer gave the space to the neighborhood homeowner’s association (HOA) through an easement more than 30 years ago.
The two had been involved in a dispute over the easement, which Keith Myers had argued that there was a quitclaim agreement filed by the town of Cary. He said it granted him access to do as he wished with the easement.
Keith Myers had toiled with the trail entrance, admitting to placing concrete bollards on the walking trail.
The HOA disagreed with Myers and the two went to court.
Last week, Superior Court Judge Paul C. Ridgeway ruled in favor of the HOA, saying that the Myers’ are prohibited from “damaging, obstructing or interfering” with the association or its’ members’ use of the easement.
The Myers’ were also required to pay $21,152 in fines. The HOA was authorized to enforce liens and foreclosure on the Myers’ property to pay outstanding debts.
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