register |  login
› HIGHLANDS RANCH
Loading Ad
Visit Other Hubs:
ADVERTISEMENT
Loading Tower
RECENT STORIES

Did The Trial Court Err? - Part VII

Contributed by: Jan Jackson on 7/16/2008

Part VII is the last section of Jan Jackson's Opening Brief in the Colorado Appeals Court. It concerns her attorney's concluding arguments as regards Jan's lawsuit against her homeowners association.

Basically, in those conclusions, Jan's attorney is asking the Appeals Court to "reverse in its entirety the trial court's order of October 24, 2007" and to "rule in [Jan's] favor on each of the six issues presented."

Jan is also asking the Appeals Court to "reverse the two attorneys fees orders" against her and to "remand" [send the case back to] the District Court in Cripple Creek, Colorado, with instructions for that Court to consider awarding Jan her attorneys fees.

Jan hopes that all seven Parts of her attorney's Opening Brief in the Denver Appeals Court were interesting and instructive for every homeowner who lives in an HOA (homeowners association) in Colorado. For too long, she believes, honest, law-abiding HOA homeowners have fought against their HOAs' tyranny alone. It's time -- past time, she believes -- for all beleaguered HOA homeowners to band together against their common enemy, HOA boards of directors (especially the presidents of their HOAs) and their HOA attorneys (especially those lawyers who are members of the Community Associations Institute (CAI)).

In 2009, Jan will again try to find the time to collect the appropriate number of(registered voters) signatures on a petition to put a question on the 2009 ballot which asks if the voters want to amend our Colorado Constitution to abolish, forever, homeowners associations in the state of Colorado. Millions of HOA homeowners all over the United States (including Colorado), have said they will say "YES" to such a ballot question and will sign their names on the dotted line of any such petition Jan, or anybody else, presents to them.

Jan thanks you all for your interest and time spent in reading her attorney's Appeals Court Opening Brief. Both Jan and her attorney fervently hope and pray that the information in it will help other HOA homeowners in Colorado and throughout our nation in their battles against wrongs and injustices in their own HOAs.

Jan

CONCLUSION

Fact or opinion? That is the major question before this court. "... 'Once a court needs to speculate concerning the meaning the statement purports to convey, . . . [it enters] the area of opinion as opposed to factual assertion.'" Brooks v. Paige, supra, at 1101.

The post-1977 amendments, including the 2003 amendment under which the 2005 assessments were imposed, are void. The 2005 assessments are void under the 1977 covenants. The Association did not claim (much less prove) Jackson was in violation of any covenant.The publications are not libel per se. Jackson's right of free speech was improperly enjoined. There is no basis for any attorneys' fees award to the Association. In fact, attorneys fees should be awarded to Jackson.

Jackson requests this court to reverse in its entirety the trial court's order of October 24, 2007 (Appendix) and rule in Jackson's favor on each of the six issues presented. Jackson also requests this court to reverse the two attorneys fees orders of February 6, 2008 (Vol. 4, pp. 707-709), and March 19, 2008 (Vol. 4, pp. 737-739, which awarded a small amount of additional attorneys' fees to the Association resulting from the February 5, 2008, attorneys' fees hearing (Tr. of proceeding, Feb. 5, 2008 (paper)) and remand to the trial court for consideration of awarding Jackson her attorneys fees as it determines is proper.

RESPECTFULLY submitted this 22nd day of May, 2008.


SUBMIT COMMENT

Rate the above story



Talk Back : submit comments to the story

*Note: you need to log-in to add a comment or rating.

CONTRIBUTOR INFORMATION

Jan Jackson

Florissant , CO

Jan Jackson has posted 464 stories and 37 comments since joining on 9/14/2005. Jan Jackson 's average story rating is 4.49.
SAVE AND SHARE THIS STORY
STORY RSS FEEDS
WANT TO WRITE FOR YOURHUB.COM?
Want to see the stories you write and the photos you shoot featured in the YourHub.com Thursday print section available all over the Front Range and with home subscriptions of the Rocky Mountain News and The Denver Post? All you have to do is register, then post a story or column, start a blog or tell everyone what events are happening in town. We will print the best stories, columns, event listings, photos and blog entries in our print sections.

ADVERTISEMENT
Loading Ad

Loading Ad
ADVERTISEMENT
Loading Ad

This YourHub.com community is produced by The Denver Newspaper Agency
Web Development and Channel Analytics provided by Indigio

terms of use //  privacy policy
the staff //  advertise //  help & faq
buy photos