BLUEGREEN VACATIONS UNLIMITED, INC. v. THE GOVERNOR'S CROSSING DESIGN AND REVIEW TEAM, ET AL. (Tenn. Ct. App. July 27, 2009)

This appeal involves the validity of a restrictive covenant at Governor's Crossing development in Sevier County, Tennessee. In August of 1998, a Declaration of Covenants, Easements, Restrictions and General Standards of Development (the "Declaration") pertaining to the various tracts of land at Governor's Crossing development in Sevier County was filed with the office of the Register of Deeds. At the same time, a Restrictive Covenant and Agreement (the "Restrictions") also was filed with the Register of Deeds. After Bluegreen purchased a tract of land at Governor's Crossing following foreclosure, Bluegreen filed this lawsuit seeking a declaratory judgment that it was not prohibited by the Declaration or the Restrictions from building, marketing, or selling timeshare units on this land. Following a trial, the Trial Court determined that the Declaration was not ambiguous and that this document gave defendant Fairfield Resorts Inc., the exclusive right to develop and market timeshares at Governor's Crossing until December 31, 2050. Bluegreen appeals, and we affirm.

Opinion may be found at the TBA website:
http://www.tba2.org/tba_files/TCA/2009/bluegreen_072709.pdf