In this case, two homeowners filed a lawsuit against their homeowners association and two individual neighbors when the neighbors built similar garage structures on their personal properties. The plaintiffs alleged that this construction was prohibited by the Association’s Declaration of Conditions, Covenants, and Restrictions (“CC&Rs”). The plaintiffs sought monetary damages and a court order to compel the neighbors, the individual Defendants, to remove the structures from their properties. The plaintiffs also sought damages from the HOA, which the plaintiffs believed breached its contractual duties, among other things, to enforce the CC&Rs.
After several depositions and other discovery, the plaintiffs reached a confidential settlement with the HOA. The individual defendants, represented by our Scottsdale litigation attorneys, moved for summary judgment to dismiss all remaining claims. The plaintiffs also cross-motioned for summary judgment. After the responses and replies were filed and considered by the Court, oral argument was scheduled to resolve the competing motions.
At oral argument, the attorneys presented their cases and answered some additional questions for the judge. A few days later, the judge granted our motion for summary judgment and dismissed all claims against the individual defendants. Because the lawsuit arose from a contract, we requested reimbursement of the defendants’ attorneys fees, which was also granted.