Ponderosa lawsuit update
Your board attended the May 15, 2015 hearing at County Superior court with Judge ROBERT B. VAN WYCK presiding. After oral arguments by both sides, Judge Van Wyke issued the attached ruling:
The Court will allow future discovery and discovery dates
The Court will set trial in the matter once Counsel confers as to a date and length for trial
The Court will hold its ruling in abundance for attorney’s fees
What the ruling means for the (hopefully final) trial (date to be determined):
The judge ruled in our favor and is permitting all arguments we sought in terms of presenting our case in full. The CCR study is appropriate as well as he will hear our argument about Ponderosa's process of buying the lot, being denied well variance, then seeking to condemn, so our attorney's fees up to that point are in play...he will listen to that argument too.
So far ten lawyers and four judges have been involved in this lawsuit, not counting the AZ Supreme Court refusal to hear the case. The primary objective of the lawsuit is to establish and confirm our right as a legal entity…defined as an association…to establish and enforce conditions, covenants and restrictions that have been adopted by the members of our association.
The key point: CC&R’s of an association are as valid as those of any other legal entity.
We will continue to keep you up to date on this critical issue.
The complete timeline of this lawsuit can be found on our website below this update.