Somersett Development Co. Rockery Wall Lawsuit Update

The reader is directed to SU’s Post of November 19, 2020 “Rockery Wall Lawsuit Update” for predecessor events pertaining the the SOA’s lawsuit appeal against the Somersett Development Company et al. (Respondents). The November Post referenced and published the SOA’s Opening Brief (filed with the Appellant Court on August 13, 2020) stating why the District Court’s decision against the SOA should be overturned. It also referenced and published the Respondent’s Answering Brief (filed on October 14, 2020) stating why the District Court’s decision should be upheld. The SOA was subsequently granted an extension until December 14, 2020 to reply to the Respondents Answering Brief, which brings us to the following:

On December 14, 2020, the SOA filed a 15 page reply to the Respondents Answering Brief, a complete copy of which is available via the following link:

Appellant’s Reply Brief 20-45214

The SOA’s reply brief consisted of the following elements

INTRODUCTION (~2 pages)

ARGUMENT (~12 pages)

      1. Equitable Tolling Of The Statute Of Repose During The Period Of Declarant Control Is Essential To Protect Associations And Homeowners (~ 7 pages)
      2. It Is Not Sufficient For Respondents To Simply Intuit That The Rockery Walls Here Were “Substantially Complete” At Some Indeterminate Moment Years Ago (~5 pages)

CONCLUSION (single statement as follows)

“Based upon the foregoing, Appellant SOA asks this Court to reverse the district court and remand with instructions to proceed in keeping with its opinion.”

SU has no information as to when the Appellant Court will render its decision.  If it upholds the District Court decision, one would assume the process is ended. If it grants the appeal, perhaps the new Board can negotiate a settlement, as was done with the Somersett Country Club.

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