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Carrollsburg v. Anderson2/14/2002
ound garage. . . ."
The parties filed cross partial motions for summary judgment which essentially raised the same issues. By order docketed on December 10, 1999, the trial court denied the Carrollsburg Condominium Association's motion for partial summary judgment as to the breach of covenant count on res judicata grounds because it could have "raise the issue of [parking] maintenance [fees] by counterclaim at any time during the Taylor litigation," or made appropriate post-judgment motions. Having determined that Taylor, supra, recognized the existence of an express easement located in the lobbies and elevators of the Carrollsburg Condominium, the trial court granted summary judgment on that count on behalf of the Carrollsburg Square owners, and dismissed their prescriptive easement count as moot. Moreover, since the Carrollsburg Condominium Association "is a privately owned condominium, not a public accommodation. . . .," the trial court dismissed the ADA count of the complaint. It also dismissed the DCHRA count, in part because the Carrollsburg Square owners never sought reasonable accommodations. Finally, the trial court ordered that:
a permanent injunction be entered whereby [the Carrollsburg Condominium Association] will provide parking as stated in the 1964 Covenant and [the trial court's 1985 order]. This parking privilege is to be provided free of any and all charges whatsoever, whether they be designated for use or maintenance, repair, or any other named reason; [and that:]
[the Carrollsburg Condominium Association] permit [the Carrollsburg Square owners], their successors, invitees, and guests, use of the lobbies and elevators to access the underground garage as established by custom; which use constitutes "legal access" and "legal ingress and egress", and provide such keys and unobstructed access as enjoyed by other [Carrollsburg] residents, without charges of any kind. . . .
The Carrollsburg Condominium Association's motion for reconsideration was denied, mainly for the reasons stated in the trial court's December 10th order. In addition, with respect to the trial judge's application of the res judicata doctrine, the court pointed out that the issue was raised in appellees' answer to the appellant's counterclaim, and that, at any rate, "a trial court may enter summary judgment sua sponte to prevent unnecessary trials."
ANALYSIS
The Carrollsburg Condominium Association raises three arguments on appeal. First, they contend that the trial court erred in determining that the 1964 Accessory Parking Covenant addresses "maintenance, repair and replacement costs associated with the parking spaces/garage. . . ." and upkeep. Because the issue is not addressed in the 1964 Covenant, they argue, "the common law duty placed on easement holders to contribute to the maintenance and repair of the easement area they use should control." Second, they contend that the trial court committed error by dismissing their "counterclaim sua sponte based on the theory of res judicata." Third, they assert, in part, that there are "genuine issues of material facts as to whether the garage ramp provides [the Carrollsburg Square owners] with 'legal access' to the parking spaces." In response, the Carrollsburg Square owners maintain that: "The twenty dollar per month parking fee that the Carrollsburg Condominium Association sought to collect in 1999 - - whether disguised as a 'lobby access fee' or 'maintenance' - - is plainly prohibited under the covenant and the prior judicial orders[,]" and consequently, is subject to "claim preclusion" because of Taylor, supra. Second, they argue that, as a matter of law, under the 1964 Accessory Parking Covenant, they ar
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