Condominium owners association brought action against county water authority, alleging breach of contract and seeking restitution damages, injunctive relief, and other damages after water authority refused to repair water pipe unless condominium reverted to an individual meter system or took title to the water systems from county.
Water authority filed motion for summary judgment on claims for injunctive relief and remedies. The Superior Court granted the motion, and condominium association filed interlocutory appeal.
The Supreme Court held that:
- No binding contract existed for the permanent conversion of condominium property from an individual meter system to a master meter system or establishing that water authority had a contractual obligation to maintain a master meter system in perpetuity;
- Water authority rules and regulations did not imply any obligation on the part of water authority and association’s to agree on the type of water meter at condominium property;
- Allegation that pass-through water metering rate for condominium property was “discriminatory and unlawful” was insufficient to put water authority on notice of the type of claim that owners association was asserting; and
- Association’s catch-all demand for “such other relief as may be available by law or equity” did not entitle it to any monetary or injunctive relief.