Fire Ridge Estates Homeowners Association, Inc. v. Marsh

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Fire Ridge Estates Homeowners Association, Inc. v. Marsh

Case Number
S-15-0421
Call Date
May 24, 2016
Court Number
Douglas
Case Summary

S-15-0421, Fire Ridge Estates Homeowners Association, Inc. v. Eric F. Marsh (Appellant) v. Kenneth A. Zarybnicky, Mark W. Ringsdorf, Karl A. Dankof, James C. Dean, Aron D. Huddleston, Julie A Tartaglia, Katy Cheatle, Joseph E. Wherry, Michael T. Knust, Shaune M. Miller, et al.

District Court for Douglas County, Hon. Kimberly Miller Pankonin

Attorneys: David L. Welch, Jeremiah D. Elliott (Pansing Hogan Law Firm) ' James B. McVay (Tiedeman Lynch Law Frim)

Civil: Restrictive covenants; fiduciary duties

Proceedings below: Fire Ridge Homeowners Association, Inc. (Association) filed suit against Eric Marsh for enforcement of several restrictive covenants. Marsh filed a counterclaim as well as a third party complaint against the individual members of the Association's board (Directors) for declaratory judgment that the Association's right to enforce the covenants had been waived, for an equitable accounting, for damages, and for an injunction. The district court entered a partial summary judgment and a judgment on a jury verdict against Marsh. Marsh now timely appeals a final order.

Issues: Restated and renumbered, Marsh assigns the district court erred by (1) granting summary judgment for the Association on Marsh's counterclaim for damages, (2) granting summary judgment for the Association on the counterclaim for breach of fiduciary duties and equitable accounting, (3) granting the Association's motion to amend its complaint to conform to pleadings, (4) ordering the removal of Marsh's putting green, (5) ordering the removal of Marsh's flag poles, (6) ordering Marsh to comply with covenants created after Marsh's improvements had been approved, (7) ordering Marsh to adhere to the approved plan for improvements to his lot(s), (8) not finding that the Association waived its right to enforce the restrictive covenants by its failure to enforce them against other residents.