I'm not a real estate lawyer, but I doubt you'd be able to overcome the (expanded) Noerr-Pennington doctrine. Whether you think the guy's claim is wrong or not, it doesn't appear to be objectively baseless. It's at least colorable. In those situations, he has a 1st Amendment right to petition through the court system and an action (for what, tortious interference, I guess?) generally won't lie.
TY.
Does anyone know how long summary judgments usually last? Had hearing the first week in June and been crickets ever since.
That's like asking how long a meal usually lasts. Lots of factors to consider.
Ok. I have no idea what to expect so that's why I asked. I was hoping there would be a rough timeline but I understand I'm asking a pretty vague question.
Here was my original question:
"Anyone in here real estate lawyers? Can one sue for lost revenue for not being able to sell a condo due to another owner suing the HOA? Small rental condo that has always been seasonal. Other owner suing to winterize building. Condo docs used to say "shall" be closed jan and feb , but have always been shut from November to April due to harsh winters (maine). Owners lawyer found an amendment from 30 yrs ago that changed that wording to "may" be open year round. Most don't want to pay to winterize because it's always been that way and will be too expensive to do. It's also pretty much a seasonal community and a ghost town during the winter."
FWIW because of this lawsuit I am unable to sell or even take an equity loan-I don't have a mortgage and own it outright. This was an investment where it was to help pay for my kids college tuitions but now I can't even access a penny. Obviously putting a huge financial strain on my family. It's in summary judgement now and if it goes the owners way that means another year or two before I can do anything. I have lost several buyers already due to banks not willing to loan because of the lawsuit. Hoping for a cash buyer.
There is more to it-suing owner signed a false mortgage claiming it would be their second home for their private use and not to be put into a rental pool. It's been in the rental pool from day one. Banks don't care as long as they are getting paid. Also the docs she is relying on have an actual expiration date that ends in 2018. They are stopping at nothing. Doesn't make sense since they only paid 75k for it but have probably already spent 30k in laywer fees.