SUCCESSFUL MOTIONS FOR SUMMARY JUDGMENT REGARDING HOAs

Partner Wayne Gordon and associate Amie Fordan successfully defended a HOA in a suit for damages in Denton County. The suit was brought by plaintiff against the HOA and several other upstream developers and property owners alleging such upstream developments increased the velocity and flow of water onto plaintiff’s property causing significant flooding,  erosion and damage. Plaintiff alleged negligence, water code violations, and trespass, among other liability theories. A Motion for Summary Judgment was filed on behalf of the client and just prior to the scheduled hearing on such Motion, plaintiff non-suited the claim against the client. The statute of limitations has expired so the non-suit was the equivalent of a dismissal with prejudice.

Associates Andrew Johnson and Amie Fordan recently obtained a summary judgment on behalf of an HOA and several board members in Dallas County. The plaintiff was a resident in the condominium project in question and filed a slander/defamation suit against the HOA and board members alleging various slanderous and defamatory statements made by the president and board members of the HOA, eventually leading to his unlawful arrest. The plaintiff and the HOA had a long history of disputes and legal battles and the plaintiff was eventually evicted from his unit for failure to pay his HOA dues. The Court found that plaintiff had failed to raise a fact issue on the various elements of his alleged  libel/slander cause of action.

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