2-9-07 LPPOA Files Law Suit against CFSD
On January 31, 2007, the La Paloma Property Owners Association (LPPOA) filed a legal complaint against the Catalina Foothills School District (CFSD) seeking, among other things, enforcement of a previously agreed to one foot no access easement on the East side of Block 24, the site for the new child care center.
The case is filed in Pima County Superior Court, Cause #C20070499.
Counsel for LPPOA also enlisted as a named plaintiff, Waldemere, LLC., owner of the adjacent Block 25.
The reason Waldemere, LLC. is named as an additional plaintiff is, based on research by counsel -- in addition to arguing CFSD abandoned, by agreement, access rights to Campo Abierto, and that LPPOA did not relinquish its right to control the private streets even under the consent-to-dedicate language on the subdivision plat, an individual property owner, like Waldemere, LLC., has standing to assert it will even go beyond the authority of LPPOA to relinquish control over the use of the private streets to the detriment of individual property owners. Without an individual owner, LPPOA might not have standing to make that argument.
The case is now in the hands of the lawyers. Stay tuned for further developments.