Perhaps a little history first:
- On June 5th 2020, the Somersett Owners Association (SOA) filed a complaint against the Somersett Golf and Country Club (SGCC) regarding liabilities for Rockery Wall Failure and Water Well Pump repairs as required under the Purchase and Lease Agreements. Details of the complaint may be accessed via the following SU Post of July 22nd – “SOA Legal Complaint Against the SGCC”
- On July 10th, the SGCC filed an answer to the SOA claim along with their own counterclaim. Details of the SGCC response may be accessed via the following SU Post of July 23rd – “SGCC Response and Counterclaim to SOA Complaint”
- On July 31st, the SOA filed its legal response to the SGCC counterclaim in which they sought an order to dismiss the counterclaim and for the Court to require the SGCC to provide more definite statements regarding their stated causes of action against the SOA. Details of the SOA filing may be accessed via following SU Post of August 5th – “SOA Response to SGCC Counterclaim“
- On August 7th, The SGCC filed its opposition to the SOA motion to Dismiss and to the provision of more definitive statements regarding the causes of actions in their counterclaim. Details of the SGCC filing may be accessed via the following SU Post of August 16th – “And the Saga Continues – 4th Installment”
Which brings us today. On November 11th, the Court denied the SOA’s motion to dismiss the SGCC Counterclaim but upheld the SOA’s position that the SGCC did not adequately plead their case and therefore granted the SOA motion for the SGCC to provide more definitive statements regarding their counterclaim. The SGCC has until November 20th to file an amended Answer and Counterclaim, after which the SOA has 21 days to respond.
The Court ruling in its entirety (which provides a good historical overview) may be accessed via the following link:
So what does 2021 have in store with regard to this litigation? Obviously more legal fees, or can a negotiated settlement be reached between the parties? At last notice, the SOA proposed splitting the contested amount which would result in $264K from the SGCC. The best offer from the SGCC being $30K over time, quite a difference, unless something has transpired that we are not aware of.