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Who Is Impacted by Homestead Lawsuit?

December 12, 2024
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The answer is all of Lynden.  11 Plaintiffs (some of whom no longer live in Lynden) hold the city ransom.  Real estate sales in Homestead have suffered.  The homeowners in Homestead have suffered.  Retail sales in businesses have suffered. Tax revenue has suffered.  The city was named in the lawsuit, which was dropped, but I understand the plaintiffs will be naming the city in a new litigation. 

The homeowners in Homestead represent 7% of the total owner-occupied residents (611 out of 4,089 owner-occupied homes in Lynden).  Combined, they are major contributors to property taxes, money spent in retail shops, etc.  And they vote.  Eleven of these residents hold the city ransom because of a $57-dollar increase in dues ($36 a month vs $93). 

The final judgment was rendered on October 5th, .  95% of their pleadings have failed during the 4.5 years of litigation.  Also, see https://ourhomesteadlynden.com/judges-final-order-sept-2024/

The plaintiffs were not declared the prevailing party by the court, and their attorneys have been denied the $1.4 million they claim to be owed by someone other than the plaintiffs (which should be paid by the 11 Plaintiffs who did not prevail in all of their pleadings).

They got the dues reduced to $36 and one change to the HOA agreement.  The demand for an HOA in Homestead has been denied because there is no property to manage which is clearly stated in the HOA.  See the update on the website: https://ourhomesteadlynden.com/judges-final-order-sept-2024/

The Attorneys for the plaintiffs in recruiting support for the class action suit early on offered a $25,000 payoff to each class member should they win (a minimum published on their website).

The judgment has been appealed to the appellate court*.  Research indicates only 10% of all cases are granted a hearing.  Only 6-10% of these cases are turned around on appeal; which means there is a 1% chance this judgment will be over-turned*.  Judge Freemen is known for being detailed, and fair, and we understand his judgments have not been overturned in the last 5 years.

Aside from the hundreds of thousands of dollars the appeal will cost, if it proceeds, the city will continue to lose, which ultimately means you the residents and the readers of this letter.

This is an appeal to plaintiffs who have partially won and lost, to stop listening to attorneys who want you to chase sunk costs in a losing effort.  How about giving the other 16,339 residents and businesses in Lynden a break?  Quietly withdraw your appeal and any further litigation being dangled before you.

Everyone is ready to move forward, why aren’t you? 

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