Valerie Garcia & Andrew Figel Obtain Defense Judgment for Hall & Evans’ Homeowners Association Client

Hall & Evans attorneys Valerie Garcia and Andrew Figel obtained a defense judgment at the close of Plaintiffs’ case in El Paso County District Court, in favor of our client, a homeowners association, and against plaintiffs, on seven out of eight claims for declaratory and injunctive relief, and on breach of contract and breach of fiduciary duty claims. Because this was a bench trial, it is not a motion for directed verdict (eg: the standard is not whether plaintiffs made a prima facie case but whether judgment in favor of the defendants is justified based on the evidence). Plaintiffs sued the Association, and their neighbors, claiming the neighbors’ construction negatively affected their view corridors and that the homeowners association failed to enforce the community’s governing documents / breached fiduciary duties. After the Court’s ruling, Plaintiffs voluntarily agreed to dismiss the one remaining claim in exchange for the Association not pursing its right to recovery attorney fees and against the Plaintiffs.