Rockery Wall Lawsuit Summary Judgement Hearing

The July 16th SOA Attorney Legal Disclosure Letter contained the following update with regard to the Rockery Wall lawsuit:

“Plaintiffs Motion to Strike Certain Affirmative Defenses Relating to Statutes of Limitations and Repose, Defendants’ Motion for Summary Judgement and Somersett Development Company’s Separate Motion for Summary Judgement were heard on July 15th, 2019. The Judge took the motions under submission and a written opinion is expected within the next two to four weeks”.

The Court order that set the above referenced Hearing and the resulting Hearing Minutes (as filed in Court records) may be viewed via the following Links:

Order to Set Hearing

Summary Motions Hearing Minutes

Note that the Hearing Minutes are not overly informative as to what was presented by the various attorneys, only a chronology of what transpired during the two and a half hour Hearing. However, it is safe to say that they simply argued their previously submitted motions to the Court, which may be accessed via the following links:

Motion to Strike Certain Affirmative Defenses Relating to Statutes of Limitations and Repose

Defendants’ Motion for Summary Judgement

Needless to say, the Courts ruling on the Summary Judgment motions will have a significant impact on the case moving forward. If the Court finds for the Defendants (Somersett Development Compant et al.) and issues a Summary Judgement in their favor, will that essentially end it for the SOA?, or will an appeal be in order? Same for an unfavorable ruling against the Defendants. Hopefully, the Court will indeed issue its opinion in the next two to four weeks.

For additional background information, see the previous SU post of June 19th, 2019 entitled:   Rockery Wall Litigation Update (5)