Pro se owner urges enforcement of recorded site plan and trusteeship; opposing counsel defends trial findings

Barbara Hunt, appearing pro se, urged the panel to enforce recorded trust and condominium documents, arguing a licensed land surveyor’s site plan and the recorded documents control exclusive‑use areas and trustee duties. Hunt said the trial judge’s handling of an earlier proceeding (Judge Miller) and refusal to credit surveyor testimony produced erroneous findings; she asked the appeals court to provide a clear roadmap for small condominium trustees and to reverse rulings she says undermined her property rights.

Opposing counsel Kimberly Sweet for Nicholas and Lily Brink said the trial court’s findings were extensive, supported by evidence, and not clearly erroneous. Sweet emphasized res judicata effects from prior judgments (2012) and that Hunt repeatedly re‑litigated settled issues; she described a pattern of conduct the trial court judged to be a breach of fiduciary duty and said the lower court’s remedies, including removal as co‑trustee and attorney‑fee awards, were supported.

Panel focus: The court explored whether the recorded site plan or the master deed controls exclusive use areas, the evidentiary foundation for the trial judge’s findings, and the practical consequences of affirming or reversing the lower court’s factual determinations. The panel sought clarity on how an appellate court should resolve conflicting documentary and trial‑record evidence in a small two‑unit condominium context.

Status: Argument concluded and the case was submitted for decision.