Reserves Management v. RT Properties


Oral Argument
09/04/13 – 09/04/13

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On or about April 13, 2005, RT Properties, LLC and two entities entered into an agreement of purchase and sale of real property, pursuant to which RT Properties ultimately took title to the properties. On March 3, 2010, The Reserves Management, LLC filed four two count complaints in the Superior Court for Sussex County against RT Properties and its wholly-owned subsidiaries, seeking personal liability and the exercise of a lien on property securing such debt. Pursuant to the restrictive covenants, RT Properties is obligated to pay certain assessments in connection with each of the properties. In this oral argument before the Delaware Supreme Court, the issue on appeal was whether the lower court erred in denying Reserves Management’s claim against RT Properties for assessments because of the alleged covenants in the sale contract.


The judgment of the Superior Court was affirmed in part, reversed in part and remanded for further proceedings. Jurisdiction was not retained.


Recording Disclaimer: This proceeding was recorded in full.

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