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:
- 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.
- 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.
- 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.
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.