Monday, July 30, 2007 Hearing

A hearing was held today in Walworth County on competing motions for summary judgment. Summary judgment is to be granted when there are no disputed factual issues and only legal issues remain.

Our attorneys (Plaintiffs) argued that looking at the Declaration and the amendments alone shows that Article IX of the Declaration is unreasonable and vague. However, the Judge found that reasonableness is inherently a factual issue and denied Plaintiffs’ summary judgment motion, in essence saying that the matter must go to trial.

The attorneys for Defendants also argued their own motion for summary judgment as well as a motion for sanctions. The Judge stated that he would take the matter under advisement and look at the briefs more carefully for both motions. If the Judge grants Defendants’ summary judgment motion, the case will move to the Court of Appeals. If the Judge only grants part of Defendant’s summary judgment motion, the Court of Appeals generally will not hear an appeal until the entire case is over. Therefore, the case will move forward to trial with the remaining claims.

Thank you to all GN Residents who were present to support us and our cause at the Hearing! There was standing room only and many had to stand in the hallway to hear the proceedings.  Please visit our website often for future updates on the proceedings.