Northgate at Alden Pace Community Association, v. Harvey Turner

Northgate at Alden Pace Community Association, v. Harvey Turner

Civil Action-Law-Declaratory Judgment-Easement Agreement-Preliminary Injunction-Use of Mansion as Wedding Venue-Retirement Community-Bond

Northgate at Alden Place Community Association (“Plaintiff”) filed an action in Declaratory Judgment and also sought injunctive relief and enforcement of an Access Easement Agreement executed on January 30, 2006 between Cornwall Associates, LP, the developer of Northgate at Alden Place, an age fifty-five (55) and over retirement community, and Calvania, LLC, the immediate predecessor in interest of Harvey Turner (“Defendant”), the purchaser of a historic mansion on the property.  Defendant expressed an intent to hold wedding related activities at the mansion with a plan to use the access provided by the easement for guests to ingress to the mansion.     

1.  There are six (6) requirements necessary for the issuance of a preliminary injection:  (1) the injunction is necessary to prevent immediate and irreparable harm that cannot be compensated adequately by damages; (2) greater injury would result from refusing the injection than from granting it; (3) the injunction properly will restore the parties to their status as it existed immediately prior to the alleged wrongful conduct; (4) the party seeking injunctive relief has a clear right to relief and is likely to prevail on the merits; (5) the injunction is reasonably suited to abate the offending activity; and (6) the preliminary injunction will not adversely affect the public interest.                                                                                                                                                                                                                                      

2.  In light of the fact that Plaintiff’s causes of action in the Declaratory Judgment action are related to the parties’ rights under the Access Easement Agreement, Defendant should not be permitted to use the mansion as a wedding venue until that action is resolved such that an injunction would ensure maintenance of the status quo until the resolution of the Declaratory Judgment Action. 

3.  Plaintiff will be required to post bond in the amount of $5,000.00 designed to compensate Defendant in the event that the preliminary injection later would be determined to have been granted improperly. 

L.C.C.C.P. No. 2024-CV-0508, Opinion by John C. Tylwalk, President Judge, March 26, 2025.

                        IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY

                                                            PENNSYLVANIA

                                                            CIVIL DIVISION

NORTHGATE AT ALDEN PLACE             :           NO. 2024-CV-0508

COMMUNITY ASSOCIATION,                  :

                        Plaintiff                                   :

                                                                        :

            v.                                                         :

                                                                        :

HARVEY TURNER,                                     :

                        Defendant                               :

ORDER

            AND NOW, this ** day of March, 2025, upon consideration of the testimony presented and the Exhibits admitted at the hearing before us, the Plaintiff’s request for Injunctive Relief is GRANTED.  Accordingly, the Court directs that Harvey Turner is hereby enjoined from using the easements at issue in this matter for the purpose of a wedding venue pending the resolution of the underlying Declaratory Judgment Action.  It is further Ordered that Plaintiff shall post bond in the amount of $5,000.00 with the Prothonotary of Lebanon County to be held in accordance with the conditions set forth at Pa.R.C.P. No. 1531(b).

BY THE COURT:

_________________________, P.J.

JOHN C. TYLWALK

JCT/sld

Cc:      Tucker R. Hull, Esquire/Law Office of Tucker R. Hull, LLC/108 West Main

                        Street/P. O. Box 330/Annville, PA  17003

            Bret Wiest, Esquire/Buzgon Davis Law Offices

            Judith Huber, Esquire/Law Clerk

            Judge’s Chambers

                        IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY

                                                            PENNSYLVANIA

                                                            CIVIL DIVISION

NORTHGATE AT ALDEN PLACE             :           NO. 2024-CV-0508

COMMUNITY ASSOCIATION,                  :

                        Plaintiff                                   :

                                                                        :

            v.                                                         :

                                                                        :

HARVEY TURNER,                                     :

                        Defendant                               :

APPEARANCES:

TUCKER R. HULL, ESQUIRE                             FOR PLAINTIFF

LAW OFFICE OF TUCKER R. HULL, LLC

BRET WIEST, ESQUIRE                                       FOR DEFENDANT

BUZGON DAVIS LAW OFFICES

OPINION, TYLWALK, P.J., MARCH **, 2025.

            Northgate at Alden Place Community Association (“Northgate”) has filed a Declaratory Judgment Action against Harvey Turner (“Turner”) seeking enforcement of an Access Easement Agreement (“Easement Agreement”) entered into between Cornwall Associates, LP, the developer of Northgate, and Calvania, LLC, Turner’s immediate predecessor in title.  The Declaratory Judgment Action included a count seeking Injunctive Relief.  The specific property involved in the lawsuit is the historic Alden Mansion located in Cornwall Borough.  We conducted a hearing in this matter and heard argument from counsel and are prepared to render a decision with regard to the request for Injunctive Relief.  For the reasons that follow, we will grant Northgate’s request for Injunctive Relief.

            The easement was created on January 30, 2006 via an agreement between Cornwall Associates, LLP and Calvania, LLC.  The Easement Agreement pre-existed the purchase of the mansion by Turner, and it is at the mansion that Turner wishes to hold wedding-related activities.  Turner’s plan is to use the access provided over the easement to create a “one-way in” ingress to the mansion, with traffic traveling over the easement to the mansion’s location.  Egress from the mansion would be via another route.  Turner plans to provide paving and lighting along the easement as part of its development.

            Turner submitted multiple applications for zoning permits to the Borough of Cornwall as reflected in Exhibit Nos. 3, 4 and 5.  The initial permit, Exhibit No. 3, granted Turner’s request to construct a garage with an apartment at the location.  Turner’s second request, submitted August 15, 2022, specifically requests the ability to use the existing building as a “wedding venue/bed and breakfast/wine and beer” facility.  This request was approved by the Borough on August 17, 2022.  Turner’s third request, Exhibit No. 5, submitted on June 24, 2024, sought a permit to use the property as a permitted general use pursuant to 14-1703, 8.D(5) of the Zoning Ordinance.  This permit was issued on July 3, 2024. 

            Chester Bogar, the President of Northgate, testified that Northgate only became aware of Turner’s intention when the Borough gave Turner a permit.  At an Association Meeting, by unanimous vote, Northgate voted to oppose use of the mansion as a wedding venue.  Bogar asserts that, despite the granting of the permits by the Borough, use of the easement to provide access is circumscribed by the terms of the Easement Agreement (Exhibit No. 1).

            Bogar related that Northgate is an age 55-and-over retirement community described as being “quiet, not much light encroaching”, with no structures or road behind the houses that abut the easement.  The focus of Northgate’s argument is that use as a “wedding venue” is not one of the 21 permitted uses set forth on Exhibit E attached to the Easement Agreement (Exhibit No. 1).  Paragraph 5(b) of the Easement Agreement states as follows:

(b)  The use of Grantee’s Property shall be restricted to only those uses currently permitted in the Planned Development Zoning District of Cornwall Borough, Lebanon County, Pennsylvania as are enumerated on Exhibit E hereof.  Any use not enumerated on Exhibit E shall be deemed prohibited unless Grantee obtains the written consent of Grantor to such use.

            At the hearing, there was no dispute that “wedding venue” was not a listed permitted use on Exhibit E, and Turner has not asserted that “wedding venue” is a listed permitted use.

            There are six requirements necessary for the issuance of a preliminary injunction in Pennsylvania:  (1)  the injunction is necessary to prevent immediate and irreparable harm that cannot be adequately compensated by damages; (2) greater injury would result from refusing the injunction than from granting it, and concomitantly, the issuance of an injunction will not substantially harm other interested parties in the proceedings; (3) the preliminary injunction will properly restore the parties to their status as it existed immediately prior to the alleged wrongful conduct; (4) the party seeking injunctive relief has a clear right to relief and is likely to prevail on the merits; (5) the injunction is reasonably suited to abate the offending activity; and, the preliminary injunction will not adversely affect the public interest.  CKHS, Inc. v. Prospect Medical Holdings, Inc., __A.3d__, 2024 WL 258808 (Pa. 2025).  These requirements have been met and Plaintiff is entitled to injunctive relief at this juncture of the proceedings.

            We recently issued an Opinion related to Preliminary Objections filed by Turner in the underlying Declaratory Judgment lawsuit.  (March 5, 2025)  In that decision, we overruled various Preliminary Objections filed by Turner, permitting that action to move forward.  We ruled that Northgate’s causes of actions against Turner are related to the parties’ rights under the Easement Agreement.  In light of this determination, we believe Turner should not be permitted to pursue use of the easement for the purpose of a wedding venue until the underlying lawsuit is resolved.  Permitting Turner to do so would abrogate the issues raised in that action.  The issuance of an injunction will ensure that the parties remain in their status quo pending the resolution of the overall Declaratory Judgment Action. 

            Pursuant to Pa.R.C.P. No. 1531, it is mandatory that we require Plaintiff to file a bond upon the issuance of the preliminary injunction.  Walter v. Stacy, 837 A.2d 1205, 1208 (Pa. Super. 2003). 

            Rule 1531 which provides, in part:

            Rule 1531. Special Relief. Injunctions

            (b) Except when the plaintiff is the Commonwealth of Pennsylvania, a political subdivision or a department, board, commission, instrumentality or officer of the Commonwealth or of a political subdivision, a preliminary or special injunction shall be granted only if

• the plaintiff files a bond in an amount fixed and with security approved by the court, naming the Commonwealth as obligee, conditioned that if the injunction is dissolved because improperly granted or for failure to hold a hearing, the plaintiff shall pay to any person injured all damages sustained by reason of granting the injunction and all legally taxable costs and fees, or

• the plaintiff deposits with the prothonotary legal tender of the United States in an amount fixed by the court to be held by the prothonotary upon the same condition as provided for the injunction bond.

Pa.R.C.P. No. 1531(b)(1)-(2). 

Accordingly, we will grant Northgate’s request and enter an Order enjoining Turner from using the easement at issue in this matter for the purpose of a wedding venue.  In addition, we will direct that Plaintiff be required to post a bond in the amount of $5,000.00 in accordance with Rule 1531(b).