ILPOA Legal Chair Update (11/23/20)

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November 23, 2020
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November 23, 2020
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ILPOA Legal Chair Update (11/23/20)

This year has been very busy in legal.  This year, one lawsuit has been settled (the Trail Road case was dismissed) but the association remains a party to two lawsuits.  Those two case updates are below.  Additionally, we have been busy taking action against members with nuisance properties in the association.  Have a wonderful and safe Thanksgiving holiday!

  • Lawsuit with Brunts, Wideman, O’Fallon, Williams: We are still in appeal, which was filed in the Missouri Court of Appeals, Southern District.  Recently, a motion for an extension request was filed by the plaintiffs.  Crawford County Court Reporters could not generate the court transcripts by the November 16th deadline due to circumstances around the COVID-19 pandemic.  The extension requests a due date of January 14th, 2021 for the transcripts.  Current details can be found on Missouri Casenet.  Search for Case SD 36800.
    • Additionally, one plaintiff, Randy Williams, has sold his property in the community.  However, this has no impact on the current appeal or the judgment entered in the Crawford County courts. 
  • The suit against All-Type Fence is ongoing.  Our case has been set for a jury trial by request of the defendant’s counsel.  The date for the trial is April 22-23, 2021, which is delayed several months because of the COVID-19 pandemic. 
  • We continue to address those properties in the community that are a nuisance.  A suit was filed for a member on Oak Lane on 11/16/20 for nuisance property issues.  For more details, follow case number 20CF-CC00077 on Missouri Casenet.

Chris Pinaire, ILPOA Legal Chair