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February 02, 2002
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Case No: 02-0492 - Geneva Brooks
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Texas
Other Court
Branch: Texas Supreme Court
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GENEVA BROOKS D/B/A COMMITTEE TO REMOVE THE BOARD
DIANE HIGGINS
PAULINE WHITE
AURELIO OJADA
AND ANTHONY MCBRIDE
Represented by: David Kahne and Robin R. Willis
v.
Northglen Association
Represented by: John Mitchell, Clayton Hearn, Marc Markel, Stephanie Quade
CAI Member
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Summary
1. Northglen Association deed restrictions limit increases in annual assessment where there is no homeowner vote
2. Deed restrictions provide the penalty for late payment is interest. It does not give board the authority to impose a late fee in addition to the interest charges authorized by the deed restrictions.
3.Petitioners are entitled to consideration of their claim for attorneys fees.
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Causes of Action: 1. Association deed restrictions limit increases in annual assessment where there is no homeowner vote 2. Deed restrictions limits the penalty for late payment to interest, not additional fees 3. Consideration for attorneys fees
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Current information/Final Decision
On May 26, 2003 David Kahne, Atttorney representing Geneva Brooks wrote:
"After the decision by the Court of Appeals, we filed a petition for review by the Supreme Court, and so did the Association. The Supreme Court asked for full briefs on the merits, which we provided. The Supreme Court has not yet said when it will hold oral argument. I expect some time in the fall."
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Lawsuit Text
1. Northglen Association deed restrictions limit increases in annual assessment where there is not homeowner vote
2. Deed restrictions provide the penalty for late payment is interest. It does not give board the authority to impose a late fee in addition to the interest charges authorized by the deed restrictions.
3.Petitioners are entitled to consideration of their claim for attorneys fees.
See attached Petitioner's Brief on the Merits, Geneva Brooks, ET AL - 02049203.pdf
UPDATE:
On May 26, 2003 David Kahne, Atttorney representing Geneva Brooks wrote:
"After the decision by the Court of Appeals, we filed a petition for review by the Supreme Court, and so did the Association. The Supreme Court asked for full briefs on the merits, which we provided. The Supreme Court has not yet said when it will hold oral argument. I expect some time in the fall."
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Submitted Files
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Filename
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Description
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File Type
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File Size
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Click to download
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02049201.pdf
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Respondent's Brief, NorthGlen Association
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PDF document, version 1.4
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226KB
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Download
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02049202.pdf
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Petitioner's Reply Brief, NorthGlen Association
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PDF document, version 1.4
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234KB
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Download
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02049203.pdf
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Petitioner's Brief on the Merits, Geneva Brooks, ET AL
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PDF document, version 1.4
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500KB
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Download
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02049204.pdf
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Petitioner's Reply Brief, Geneva Brooks, ET AL
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PDF document, version 1.4
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302KB
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Download
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02049205.pdf
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Response Brief, Geneva Brooks, ET AL
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PDF document, version 1.4
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473KB
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Download
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02049206.pdf
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Petitioner's Brief on the Merits, NorthGlen Association
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PDF document, version 1.4
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279KB
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Download
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Geneva.html
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Supreme Court opinion - Geneva Brooks vs Northglen Association
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English text
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171KB
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Download
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