Trustees of Clayton Terrace Subdivision, Respondent/Cross-Appellant v. 6 Clayton Terrace, LLC, and Jeannette R…

Summary

The Court upheld the sale of Lot 6 because the circuit court could reasonably find that the right-of-first-refusal notice requirements were satisfied. It reversed the abuse-of-process judgment and related attorney-fee award because an improper motive did not establish an improper use of legal process. The Court also held that the indenture amendments validly authorized adoption of the one-residence-per-lot restriction, which prevented subdivision, but reversed the attorney-fee award to the trustees because the purchaser's nondisclosure and unsuccessful legal position did not establish special circumstances.