Rockery Wall Litigation Update (5)

Somersett United’s last update on the Rockery Wall Litigation was published on March 28th, 2019. So what has transpired since then? Basically the following: 1) A series of Summary Judgement Motions filed by the Defendants, 2) Oppositions to these Motions filed by the Somersett Owners Association (SOA), and 3) Defendant Responses to the SOA Oppositions.

What is a Summary Judgement? Per Merriam-Webster “a judgment that may be granted upon a party’s motion when the pleadings, discovery, and any affidavits show that there is no issue of material fact and that the party is entitled to judgment in its favor as a matter of law”.

The purpose of the summary judgment process is to cut down on unnecessary litigation by eliminating without trial one or more causes of action in a complaint. Matters of Law that have been stated by the Rockery Wall litigation defendants as providing the basis for a summary judgement in their favor include the following NRS Statutes:

  • NRS 11.202, which establishes a six year statute of limitations
  • NRS 40.668, which precludes actions against a master developer for defects in appurtenances constructed on their behalf by licensed contractors.
  • NRS 78.585, which establishes a three year limitation on actions against a dissolved corporation.

A reading of the above statutes may be accessed via the following link:   NRS Statutes 11.202, 40.668 & 78.585

With regard to the Summary Judgment Motions, on May 8th, 2019 a “Stipulation and Order to Vacate Trial Date and Case Deadlines” was filed and stipulated to by all parties, wherein it states: “THEREFORE, for purposes of efficient use of resources, the parties agree that good cause exists to vacate the trial date and all discovery deadlines until a ruling is made on the pending motions.” Also that “IT IS FURTHER ORDERED that the Parties are to meet and confer within ten (10) days of the Courts ruling on the aformentioned Motions in order to reset discovery and trial deadlines, and coordinate with the Court the resetting of the trial, if necessary”. No indication to date as to when the Court will rule on the Summary Judgement Motions. Note that the original trial date was scheduled for February 3, 2020.

A full reading of the aforementioned Stipulation may be accessed via the following link:   Stipulation and Order to Vacate Trial Date

A history of past events and related documents are available via the following previous posts:

In a related issue, also to be determined are future legal actions against the Somersett Golf & Country Club (SGCC) by the SOA for recovery of SOA funds spent for Rockery Wall failure repairs adjacent to the SGCC’s Hole 5. For expeditious reasons, required repairs were initiated and paid for by the SOA. However, the SOA contends that the SGCC is liable for these repairs under the 2014 Real Property Purchase Agreement’s Warranty and Property Maintenance Provisions. Although started, legal action was placed on hold until June 30th, 2019 by a mutually agreed upon “Tolling Agreement”. Given that June 30th is just a few days away, will the Tolling Agreement be extended, or will the SOA now proceed with legal action against the SGCC?

Perhaps both these issues will be discussed (doubtfully) in conjunction with the “Legal Update” agenda item for the June 26th open BOD Meeting.