Marvin Creek HOA Easement Lawsuit: Family Challenges Village of Marvin Over Private Property Rights in 2025

In January 2025, a legal storm erupted in Marvin, North Carolina, as Tori Comiskey and her husband launched a lawsuit against the Village of Marvin. At the heart of the dispute? Their Marvin Creek Homeowners Association (HOA) allegedly granted an easement, without proper authority, allowing the village to build a public trail through private HOA common land. The couple claims this violates their property rights, igniting a battle over HOA power, municipal overreach, and the sanctity of private ownership.

What’s Happening in the Marvin Creek HOA Lawsuit?

The lawsuit, filed on January 27, 2025, pits the Comiskeys against the Village of Marvin, a small town 45 minutes south of Charlotte. The couple alleges their Marvin Creek HOA overstepped its authority by signing an easement agreement with the village in 2024. This deal greenlit a public trail through a wooded common area—land maintained by homeowner dues and designated as private under the HOA’s covenants.

The Core Claim

• HOA Overreach: Tori Comiskey told WSOC-TV, “It says it really clearly in our covenants that no public use on our private HOA common area.” The couple argues the HOA board lacked the legal power to convey this easement without homeowner approval.
• Village Accountability: They’re suing the village to void the easement, asserting the contract with the HOA president was “never valid.” “If they didn’t know at the time, they know now. And when you know better, you do better,” Comiskey said.

Timeline So Far

• 2023–2024: Residents, including Lauren Thomas, fought the trail plan at village meetings and on social media for over a year.
• Late 2024: The HOA board, led by its president, signed the easement deal.
• January 27, 2025: The Comiskeys filed suit, thrusting the issue into court.

As of April 7, 2025, the village has time to respond legally, but it has declined to comment on pending litigation. The HOA claims it hasn’t seen the lawsuit yet, per Yahoo News.

Why This Lawsuit Matters: Private Property vs. Public Access

This isn’t just a neighborhood spat—it’s a clash of principles with wide-reaching implications.

Private Property Rights

• HOA Governance: The Comiskeys argue the HOA’s covenants—legal contracts all Marvin Creek residents sign—prohibit public use of common areas. If true, the board’s action could be a breach of fiduciary duty, undermining homeowner trust.
• Precedent Risk: A win for the couple could force HOAs nationwide to rethink how they handle easements, especially without member consent.

Public Interest

• Village Goals: Marvin likely sees the trail as a community perk, connecting Marvin Creek’s 100-home gated enclave (with amenities like pools and tennis courts) to broader public spaces.
• Balancing Act: Courts must weigh property rights against municipal development—a tension playing out in suburbs everywhere.

“At the end of the day, we’re protecting the private property rights of everybody here in the neighborhood,” Comiskey told WSOC-TV, framing it as a stand for all homeowners.

The Legal Breakdown: Can the HOA Do This?

Let’s dig into the legal meat of the case, drawing from North Carolina law and HOA precedent.

HOA Authority Under NC Law

• NC Planned Community Act (NCGS §47F): HOAs can manage common areas but must act within their governing documents (e.g., covenants, bylaws). Granting easements typically requires homeowner votes unless bylaws explicitly allow unilateral board action.
• Marvin Creek Covenants: Per Comiskey, the covenants ban public use of common land. If the HOA board bypassed a vote, the easement could be voidable.

Easement Legality

• Contract Validity: The Comiskeys claim the village’s deal with the HOA president lacks legitimacy. North Carolina contract law requires authority to bind parties—here, the HOA may have overstepped.
• Remedy Sought: Voiding the easement and halting the trail project hinges on proving this lack of authority.

Possible Defenses

• Village Stance: Marvin might argue it acted in good faith, relying on the HOA’s apparent authority. If the board’s bylaws secretly permit such moves, the village could prevail.
• HOA Counter: The board might claim the easement aligns with community benefit or that covenants were misinterpreted.

Legal experts suggest the case could hinge on covenant language and meeting minutes—documents yet to surface publicly.

What’s Next for the Marvin Creek Case in 2025?

As of April 7, 2025, the lawsuit is in early stages. Here’s the likely roadmap:

Court Timeline

1. Village Response (April–May 2025): Marvin must file an answer or motion to dismiss within 30–60 days of service, per NC civil procedure.
2. Discovery (Summer 2025): Both sides exchange evidence—covenants, emails, HOA minutes—revealing the deal’s backstory.
3. Trial or Settlement (Late 2025–2026): If unresolved, a trial could stretch into 2026; otherwise, a settlement might kill the trail quietly.

HOA Moves

• Bylaw Rewrite: Comiskey told The US Sun the HOA is considering updates to prevent future disputes—a sign of internal pressure.

Community Impact

• Resident Divide: Some, like Lauren Thomas, back the Comiskeys; others may see the trial as a perk. Social media buzz hints at tension.

How This Compares to Other HOA Lawsuits

The Marvin Creek case isn’t unique—HOA easement battles are rising. Here’s context:

• Beech Creek HOA (MD, 2023): Homeowners won against an HOA over a pollinator garden, leading to a state law protecting such rights despite HOA rules.
• Rock Creek HOA (CO, 2022): An appeal over airport noise easements showed HOAs can lose when overreaching on common land use.

Unlike these, Marvin Creek’s fight involves a municipal partner, adding complexity. A win could echo beyond North Carolina, curbing HOA-municipal deals nationwide.

What Homeowners Can Learn: Protecting Your Rights

Facing an HOA overreach? Here’s your playbook, inspired by the Comiskeys:

Step 1: Know Your Covenants

• Review your HOA’s governing documents—covenants, bylaws, and meeting rules. Look for clauses on easements and common area use.

Step 2: Demand Transparency

• Request board minutes or easement contracts. NC law (NCGS §47F-3-118) grants homeowners access to HOA records.

Step 3: Rally Support

• Team up with neighbors (like Thomas) to pressure the board or village. Strength in numbers sways outcomes.

Step 4: Legal Action

• Consult an attorney specializing in HOA law (e.g., Charlotte firms like Sellers, Ayers, Dortch & Lyons). Costs start at $2,000–$5,000 but can climb.

Step 5: Push for Change

• Advocate bylaw amendments at HOA meetings to limit board power—Comiskey’s next move if they win.

Costs and Stakes of the Marvin Creek Lawsuit

For the Comiskeys

• Legal Fees: Likely $10,000–$50,000, depending on trial length. Pro bono or contingency deals could lower this.
• Time: 12–18 months of stress, meetings, and court dates.

For Marvin Creek HOA

• Defense Costs: Funded by dues, potentially $20,000+, straining the budget for 100 homes.
• Reputation: A loss could spark distrust or a board overhaul.

For the Village

• Project Delay: Trail plans stall, costing planning funds (estimated $50,000–$100,000).
• Precedent: A ruling against Marvin could limit future easements.

Conclusion: A Defining Moment for HOA Power

The Marvin Creek HOA easement lawsuit, filed January 27, 2025, is more than a trail dispute—it’s a test of property rights in an HOA world. Tori Comiskey and her husband are fighting to void an easement they say their HOA had no right to grant, challenging the Village of Marvin to back off. As of April 7, 2025, with the case pending, its outcome could redefine HOA authority in North Carolina and beyond.