Article Contributed on: 12/15/2008 12:07:53 AM
"Jan, You are proof that every step taken deeper into a forest is one step closer to the other side of the forest. When I started researching for assistance in my HOA issue your case was one that read. Not only for guidance on how to solve but also as a warning on what can happen if the HOA is really out to get you. I am proud of you and what you have accomplished. Human nature being what it is, you probably know that this won't be the last of the issues for you. Remember, you've got support here.
P.S. Since your postings on this issue is over 14 pages, after you get the full written verdict, a summary of the specific issues with resolutions/pending could help others get up to speed on the issues. Tim"
That was a comment made to me by a gentleman who had just read the Colorado Appeals Court decision in my lawsuit against my HOA. Readers here may also remember the Teller Country District Court's order (Judge Thomas Kennedy presiding) regarding the same lawsuit which I posted here some months ago.
The following is the first in what will be a series of postings of the Appeals Court's decision which I will post here over the next few weeks along with my comments. I invite all interested El Paso and Teller County folks to read this series, as well as others who may want to learn from my experiences in the Colorado judicial system.
If you have any questions or comments after reading any one or all of the series, please feel free to post them here, or send me a private email at
wiwleb@netzero.com .
Jan
Court of Appeals No.: 07CA2379
Teller County District Court No. 06CV23
Honorable Thomas L. Kennedy, Judge
Janice J. Jackson,
Plaintiff-Appellant and Cross-Appellee,
v.
B Lazy M Ranch Owner's Association, Inc., a Colorado nonprofit corporation,
Defendant-Appellee and Cross-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by: JUDGE GABRIEL
Vogt and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Announced: December 4, 2008
Law Office of Ronald Frindt, LLC, Ronald Frindt,
Colorado Springs, Colorado,
for Plaintiff-Appellant and Cross-Appellee
Scheuerman Law Office, P.C., Jack J. Scheuerman,
Colorado Springs, Colorado,
for Defendant-Appellee and Cross-Appellant
Plaintiff, Janice J. Jackson (Jackson), appeals the judgment of the trial court holding that certain amendments to the covenants of defendant, B Lazy M Ranch Owner's Association, Inc. (the ROA), were valid and, as a result, certain assessments charged to the ROA's members were also valid. Jackson also appeals the trial court's decision holding her liable for defamation and enjoining her from making certain statements in the future. The ROA cross-appeals the trial court's ruling denying its petition to foreclose a lien on Jackson's property. We affirm in part, vacate in part, and remand for further proceedings consistent with this opinion.
[to be continued]