Fla. Condo Owners Spar Over Board Proposal
Punches Thrown During Meeting
UPDATED: 1:23 p.m. EST March 5, 2004
BOCA RATON, Fla. -- Condominium owners upset over a proposal that would require them to purchase country club memberships got into blows with board members at a meeting Thursday night in Boca Raton. Read all about it...
Saturday, March 06, 2004
Thursday, March 04, 2004
See you in the courts of appeals...
The trial court decision in Twin Rivers is a split decision that favors the defense. The Committee for a Better Twin Rivers has no standing to be in the case, so that leaves the individual committee members as plaintiffs. Both sides get summary judgment on some causes of action, framing the case for appeal on purely legal grounds. We won some causes of action under PREDFA, a state statute, but lost entirely on the main theory, the "functional equivalent of a municipality" theory. So according to Frank Askin we are headed for the appellate courts, where there is probably a better chance of prevailing. I never expected to win this case at the trial court level because those judges have to take all the heat as individuals whereas appellate justices sit in panels, and also it is hard for trial judges to make precedent setting decisions as that is normally seen as the province of appellate justices. As I see it, to quote King Theoden said at the start of the Battle of Helm's Deep, "So it begins..."
The trial court decision in Twin Rivers is a split decision that favors the defense. The Committee for a Better Twin Rivers has no standing to be in the case, so that leaves the individual committee members as plaintiffs. Both sides get summary judgment on some causes of action, framing the case for appeal on purely legal grounds. We won some causes of action under PREDFA, a state statute, but lost entirely on the main theory, the "functional equivalent of a municipality" theory. So according to Frank Askin we are headed for the appellate courts, where there is probably a better chance of prevailing. I never expected to win this case at the trial court level because those judges have to take all the heat as individuals whereas appellate justices sit in panels, and also it is hard for trial judges to make precedent setting decisions as that is normally seen as the province of appellate justices. As I see it, to quote King Theoden said at the start of the Battle of Helm's Deep, "So it begins..."
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