Our Plaintiffs’ Appeal

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On Nov. 4th, our 11 plaintiff representatives filed an appeal to the state Supreme court to re-litigate the 13 claims they have lost since 2020 (click on link above).  Since it took over 4 years to get through the first set of hearings and motions, we can expect more wasted years the second time around.  The reason?  Our class lawyers, Matthew Davis and David Andersson, and their 11 plaintiffs, were denied the $1.4 million they claim belongs to them despite their high loss ratio, and the judge stating they did not prevail over the other parties. In fact, there was no prevailing party. And remember, the $1.4 million they are demanding is in addition to the $160,000 they received from trusting homeowners who believed it was on their shoulders to pay the lawyers’ legal fees.  

As far as appeals, the typical sequence when denied at trial court, is to appeal to the Court of Appeals, and if denied there, the state Supreme Court.  But they skipped step two and went straight to the Supreme Court, with the expectation their appeal will be sent back to the Court of Appeals, where they should have filed in the first place.  But this was not an error on their part, we believe it was planned.  What we’ve learned over the last five years is that these lawyers do not respect protocol or truth (remember their assurances the city would not allow the golf course to be closed?) but rather, to create conflict, stall for time, and accuse others of foul play, anything to prevent us from moving forward.

They have shown NO concern that our once beautiful golf course lies trashed, with two potential buyers having the resources and intent to cover repairs but having to withdraw due to our representatives refusing to end the lawsuit.  Their logic is if our golf course is destroyed in order for them to win $1.4 million, then it’s worth it, but we homeowners believe losing our home is not worth it.  

The lawyers and lead plaintiff do not share our views of overgrown fields, clogged culverts, weed-choked bunkers, eroding ponds, flooded channels behind houses, and thistles growing where smooth greens once lay. They do not call our neighborhood “home” but just another battleground over money the court already determined they never earned!