Summary Judgment granted to HOA and its President on trespass claim
Pete Sewell successfully defended a homeowners’ association and its president on a trespass claim brought by owners of a lot in local subdivision. Though the lot owners planned to construct a house on the lot, the lot was undeveloped at the time of the alleged trespass. Based on a misunderstanding, the homeowners’ association president advised an excavation company performing improvements on the golf course adjacent to the lot to cross the lot in order to access the golf course. When the excavation company crossed the undeveloped lot, some temporary muddy rutts were left behind on the property. The damage to the lot was repaired at no charge to the lot owners, and the property was returned to its original state. The lot owners sued the homeowners’ association, its president, the country club which owned the golf course and the excavation company for trespass. The court granted summary judgment to the homeowners association, its president and the country club on the trespass claim. The lot owners also alleged that the homeowners’ association and its president wrongfully rejected their building plans for the lot and were liable for tortious interference with their property rights. The court also granted summary judgment to the homeowners association and its president on that claim as the lot owners never properly submitted their building plans for approval.