It has been nearly five months since this website published an update (i.e., post of “November 7, 2018 entitled “Rockery Wall Litigation Update (3)”) on the Somersett Owners Association (SOA) lawsuit against the Somersett Development Company et. al. What has transpired since then? A review of the Court documents reveal that, aside from numerous procedural entries, the only significant entries pertain to the three items summarized below. For readers who want to delve into the details, links to the relevant docket entries are provided (just click on the docket subject in blue font and quotes):
Motion by the SOA to Strike Defendant Defenses
On January 17, 2019, the SOA’s Attorney filed with the Court a “Motion to Strike Certain Affirmative Defenses Relating to Statutes of Limitations and Repose”, along with eighteen pages of supporting information (exhibits excluded). The SOA claims that the six year statue of limitations and repose period starts from the time the Developer turned control of the Association (i.e., on January 4, 2013) over to the Homeowners and not when Rockery Wall construction was completed, which is within the six-year period. Hence this defense is not valid.
Opposition to SOA’s Motion to Strike
On March 26, 2019, the Defendants filed with the Court the “Defendants’ Opposition to Somersett Owners Association’s Motion to Strike”, which opposed the SOA’s motion to strike the Defendant’s statutes of limitations and repose defense. In a ten-page response, the Defendants cited their arguments against the SOA motion.
Motion for Summary Judgment
On March 26, 2019, the Defendants filed with the Court a “Defendants’ Motion for Summary Judgement”, basically stating that the SOA cannot prove it brought its claim for damages within six years after substantial completion of the Rockery Walls. Therefore, the move for a summary judgement is justified. Fourteen pages of supporting information for the motion was submitted.
The above referenced documents primarily relate to arguments pro and con on the applicability of the six-year statutes of limitations and repose, and as such make Interesting reading.
The Jury Trial is still scheduled for February 3, 2020