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Public Use of SVRA Common Area – Status Quo To Continue

Public Use of SVRA Common Area – Status Quo To Continue

 According to the Court’s summary judgment decision in the Kittleson/Daley lawsuit (Lincoln County Civil Action No. 2018-115-DC), public use of SVRA Common Area is disallowed.  SVRA, however, filed a motion to “stay” this decision pending final ruling of the Wyoming Supreme Court on appeal. The motion cites the significant tradition of public use at SVRA dating back several decades and the financial implications of lost public revenue/fees.   

Based on arguments presented by counsel for SVRA, the Court granted SVRA’s motion for a stay and concluded that “good cause exists to preserve the status quo.” Pursuant to Court order, public use of SVRA Common Area may therefore continue for the foreseeable future—until SVRA is able to appeal and/or the Wyoming Supreme Court issues its determinative ruling on the question of public use. The trial for Plaintiffs’ other claims in the lawsuit (involving alleged annual assessment overcharges) has been set for August 19 and 20, 2020 in Kemmerer, Wyoming. The appeal of the district court’s public use ruling will not be filed until after trial and decision on annual assessment claims.

In light of the above, it will be business as usual this summer and into the foreseeable future. The Board looks forward to continuing to offer all of the great activities and experiences that you have come to expect!

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Because the lawsuit is ongoing, on advice of counsel, members of the Board are not at liberty to discuss the case in any detail or share their thoughts regarding the Plaintiffs’ claims. All filings in the case are a matter of public record. The Court’s order granting the stay may be accessed here.

Mixed Ruling from Court in Kittleson/Daley Lawsuit

Mixed Ruling from Court in Kittleson/Daley Lawsuit

Will Not Impact Cedar Creek Funding

The Board wishes to notify the membership of a recent “summary judgment” order dated January 15, 2020 issued in the lawsuit filed against SVRA (as Defendant) by Plaintiffs Sara and Gerald Kittleson and William Daley in the District Court of Lincoln County, Civil Action No. 2018-115-DC. The lawsuit remains ongoing, but the Court has issued a preliminary ruling on the following issues:

  1. Cedar Creek Center Funding.

The Plaintiffs initially claimed that we could not fund the Cedar Creek Center without a special assessment. However, the Plaintiffs then backed away from the claim, and given that the Center is nearing completion, the Court therefore called the Plaintiffs’ claim “moot.” Thus, the Cedar Creek Center will continue to be funded as currently planned, without the need of a special assessment.

  1. Annual Assessment Challenge.

The Court rejected Plaintiffs’ claims of overcharges in the amount of $500 plus. A trial will be held to determine if there have been any overcharges and, if so, in what amount. No schedule has yet been set for this trial. 

  1. Public Use.

The Court read the DCC&Rs to disallow public use of common area, including golf courses. Our legal counsel disagree with the Court’s analysis and believe that we should appeal to the Wyoming Supreme Court. The Court’s decision, if upheld, would significantly impact our budget and would very likely result in higher recreational use fees for owners. We will be considering this issue further before making a decision about an appeal and the potential adjustments that may be required to our budget and owner recreation fees.

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Because the lawsuit is ongoing, on advice of counsel, members of the Board are not at liberty to discuss the case in any detail or share their thoughts regarding the Plaintiffs’ claims. All filings in the case are a matter of public record, however, and the Court’s most recent order may be accessed here.