This case comes before the Court on the parties cross-motions for summary judgment. The action was commenced by the Plaintiffs on October 25, 2007, seeking Declaratory Judgment and Injunctive Relief stating that they are not compelled to pay assessments levied by the Defendant, Westwood Hills Improvement Association.
On December 31, 2009, Defendants filed a Motion for Summary Judgment and supporting memorandum with the Court. On January 25, 2010, the Plaintiffs filed a Cross-Motion for Summary Judgment with supporting memorandum. A Memorandum in Response to Defendants Motion for Summary Judgment was filed on February 2, 2010. Arguments on the cross-motions for summary judgment were heard and taken under advisement on February 2, 2010.
After careful consideration of all of the evidence, the Court issued a Decision today that Plaintiffs have a legal duty to pay to the Association the bi-annual assessments as a matter of law; therefore, the remedies sought by the Plaintiffs are not available, and summary judgment in favor of the Defendants must be granted.
In accordance with that Decision, it is hereby
ADJUDGED and ORDERED that the Plaintiffs Motion for Summary Judgment is DENIED;
ADJUDGED and ORDERED that the Defendants Motion for Summary Judgment is ALLOWED;
ADJUDGED and ORDERED that the Plaintiffs are obligated to pay the bi-annual assessments to the Association.
By the Court (Trombly, J.)
JOHN P. SULLIVAN and PAMELA A. SULLIVAN v. Lisa K. Gibbs, Janet A. Birbara, Steven J. Gordon, Cash A. Cappel and Stephan Granger, Trustees of WESTWOOD HILLS IMPROVEMENT ASSOCIATION