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Case Dismissed--What are my options

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gpinks

Junior Member
I just sued a neighbor, representing myself pro se, who violated the covenants of a registered Tennessee home owners assoiation in chancery court, with respect to "exposed cinder block". The case was dismissed. The court order gives no explanation whatsoever, but the judge verbally ruled that the Architectural Review Board had sole and uncontrolled discretion over its determination of what conformed to the restrictions, even though the covenants explicitely prohibit exposed cinder block foundations. The Board ok'ed the defendants to cover up their cinder block with paint and or shurbbry. The covenants state that there can only be a change of the restrictions with a 75% vote of the membership. My evidence and exhibits were overwhelmingly against the defendant but worked to no avail. My question is, do I have to appeal the case to a higher court or can I refile the orginal complaint for declaratory judgement requiring them to comply by the covenants? Or should I just take my loss and chalk it up to experience? The defendants did not have the ok or a variance to have exposed cinder block on their original application for building. Thank you. I hope to receive some informative replies.
 


JETX

Senior Member
gpinks said:
I just sued a neighbor, representing myself pro se, who violated the covenants of a registered Tennessee home owners assoiation in chancery court, with respect to "exposed cinder block".
Based on your post, I doubt that you have 'standing' in this issue. The enforcement of deed restrictions is the responsibility of the HOA, not the individual homeowners. Your suit, if you have one, likely should have been against the HOA for failure to abide by the HOA rules.
 
S

seniorjudge

Guest
My question is, do I have to appeal the case to a higher court or can I refile the orginal complaint for declaratory judgement requiring them to comply by the covenants? Or should I just take my loss and chalk it up to experience?

I am unclear on what you think this defendant did to you to make you think he needed to be stopped.
 
Last edited:

badapple40

Senior Member
seniorjudge said:
My question is, do I have to appeal the case to a higher court or can I refile the orginal complaint for declaratory judgement requiring them to comply by the covenants? Or should I just take my loss and chalk it up to experience?

I am unclear on what you think this defendant did to make you think he owed you money.
SJ: this one wasn't about money -- I think he's after injunctive relief and/or declaratory judgment.
 
S

seniorjudge

Guest
badapple40 said:
SJ: this one wasn't about money -- I think he's after injunctive relief and/or declaratory judgment.
Chancery!

Duh.

See edit.
 

JETX

Senior Member
badapple40 said:
SJ: this one wasn't about money -- I think he's after injunctive relief and/or declaratory judgment.
I still don't see where he would have standing for either.... or any other claim against the neighbor for that matter. :D

Simply, I don't see where this OP (third party) has the right to sue the neighbor, for the alleged failure of the HOA (second party).
 
S

seniorjudge

Guest
JETX said:
I still don't see where he would have standing for either.... or any other claim against the neighbor for that matter. :D

Simply, I don't see where this OP (third party) has the right to sue the neighbor, for the alleged failure of the HOA (second party).
I agree. I was just wondering what his logic was here.

I presided over a very similar case and when I asked the plaintiff in that case why he thought he could bring the lawsuit, he couldn't answer. Thank you. Case dismissed.
 

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