the boundary was changed in the 1970s when the fence was built essentially without the legal description being changed the disputed parcel was transferred ownership went to the Betts predecessor [...] the subsequent 1989 deeds don't contain any reconveyance there's nothing in those documents that suggests that the Jensen's were then giving it back to the HOA
A summary judgment is a clear and final legal decision made by a judge when there is clear evidence to resolve a case without the need for a full trial. This happens when the judge carefully examines all the available evidence and determines that there are no significant facts that matter in dispute, allowing for a straightforward application of the law. As we understand it, the undisputed facts that we have (as well as the prior owners before us) always used this property and considered it as ours makes it so under the law and that was a big part of the judge's decision. But read the decision and judge for yourself.
Judge Medema has now decided in our favor twice. We want Homeowners to have access to Summary Judgment Documents. They are public record. Please feel free to take a copy.
We hope you will take time to read some of the legal documents so you can understand for yourself. It is our opinion that misinformation about the court action keeps being spread, keeping our lawyers busy. It is our opinion that your HOA leadership ignored good advice and positive solutions from the start. This lawsuit was a waste of your money, and even more of our money.
Nobody's "hands are tied." We feel that if Pier Pointe were to pursue this exhausted issue, it would demonstrate a malicious intention to cause us more financial damage.
If anybody has information about this, please email contact@betts.club