The Colorado Court of Appeals upheld a dismissal secured at trial by Hall & Evans attorneys Valerie Garcia and Heather Thomas on behalf of a homeowners association in Elbert County.
In 2023, Valerie and Heather successfully obtained a dismissal at the conclusion of the plaintiffs’ evidence during a bench trial in Elbert County District Court. Plaintiffs alleged the homeowners association breached their fiduciary duties and failed to enforce the community’s design review guidelines when they approved construction plans for a neighboring lot. The plaintiffs alleged the neighbor’s construction negatively affected their mountain views. Consequently, the plaintiffs filed suit against both their neighbors and the homeowners association. During trial, plaintiffs sought $1.1 million in damages. After the plaintiffs rested their case, the court dismissed all claims against the association.
The plaintiffs subsequently appealed the dismissal. The Colorado Court of Appeals affirmed the dismissal and found no error in the trial court’s application of the legal standard applicable to the Association.
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- Valerie Garcia
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- Heather A. Thomas
