Rocky Hill Development, LLC

The plaintiff lot owners sought a judgment declaring that a certain amend- ment to a declaration of easements, covenants and restrictions, which created a business park common ownership interest community, was invalid, and for injunctive relief. The declaration provided that each lot owner in the business park would be a member of an owner's association and would receive a vote that was proportional to its percentage owner- ship in the business park. The plaintiffs owned four of the seven lots in the business park, and brought the action against several defendants, including M Co. and D. M Co. owned lot 2, R Co. owned lot 1, and O Co. owned lot 7. M Co. proposed to sell lot 2 to D, who intended to use the lot to build a crematorium. Believing that the plaintiffs would oppose D's plan to build a crematorium, M Co., O Co. and R Co., the holders of more than 50 percent of the votes of the association, executed an amendment to the declaration that withdrew lots 1, 2, and 7 from the association and recorded it on the town land records. D thereafter purchased lot 2 from M Co., and sought zoning approval for the cremato- rium, a process in which the plaintiffs participated and confirmed that the defendants had withdrawn from the association. The town zoning commission denied D's application to build the crematorium and D appealed; D and the zoning commission reached a settlement agreement and filed a motion for approval of their settlement. The plaintiffs filed a motion to intervene as of right in the zoning appeal, taking the position that the defendants were not members of the association. The trial court denied the motion to intervene. D commenced construction of the crematorium and the plaintiffs thereafter sought, inter alia, to enjoin him from connecting lot 2 to the association's drainage system and a judgment declaring that the amendment to the declaration was void and unenforceable. After a trial to the court, the court rendered judgment in favor of the defendants