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MJ Management Wins Major Victory in Homestead Golf Course Lawsuit
Posted on: 22 Mar 2024
BELLINGHAM, WASHINGTON On Thursday, March 21, 2024, Whatcom County Superior Court Judge, David Freeman, entered a decision in the case of Hillius, et al. v. 18 Paradise, LLP, et al. that has fundamentally changed the direction of the case. The decision dismisses the class action plaintiffs’ claims for violations of the Consumer Protection Act (“CPA”) against the Defendants. The court’s decision dismisses a number of parties as defendants and eliminates the plaintiffs’ most significant legal claims in a case that has dragged on in Whatcom County Superior Court for nearly four years. Through its decision, the court dismissed MJ Management, Mick O’Bryan, and Josh Williams as defendants. Defendant, 18 Paradise, LLP remains a defendant, but only limited claims remain against it. Most significantly, MJ Management and 18 Paradise remain as counterclaim plaintiffs with legal claims against the homeowners of the Homestead Farms community for years of unpaid joint maintenance fees. On Friday, March 22, 2024, MJ Management filed its motion for certification of a defendant class against the Homestead Farms homeowners, with a hearing date currently scheduled for Friday, April 5, 2024, before Judge Freeman. This decision constitutes a significant turn of events in this case that has affected the lives of Homestead Farms homeowners in Lynden, Washington for nearly four years. “The plaintiffs have now become the defendants in this case, and we will be moving forward to collect the amounts the homeowners owe our client [MJ Management],” stated attorney Jeffrey Possinger, regarding his client’s counterclaim. “This is a significant win for the defendants, one that has completely changed the momentum of this case,” stated attorney Reid Meyers, one of the attorneys working on behalf of MJ Management. “All of the plaintiffs’ money claims have now been dismissed,” said Meyers, noting that that the plaintiff’s remaining claims are essentially to determine different legal rights between 18 Paradise and the homeowners of Homestead Farms. “The plaintiffs’ financial incentives were eliminated by this decision,” said Meyers. Final orders with respect to the court’s ruling will be presented to Judge Freeman for entry in an upcoming hearing. Trial remains scheduled to begin in late April 2024. A copy of Judge Freeman’s decision is available below. Readers can find additional information, updates, and insights at our case website. For media questions, interviews, or any other needs, please contact [email protected].
MJ Management Seeks Defendant Class Action Counterclaim in Ongoing Homestead Community Litigation
Posted on: 31 Oct 2023
BELLINGHAM, WASHINGTON A major change is expected in the Homestead Farms Golf Course litigation, should a recent filing in the case be granted by the court. On October 23, 2023, attorneys for Defendant MJ Management, LLC filed a motion requesting a change to MJ Management’s pleadings. This request includes an amended counterclaim for a Defendant Class Action to prosecute additional claims against the approximate 600 individual parcel owners in the Homestead Planned Residential Community, a golf course community located in Lynden, Washington. A Defendant Class Action has been described by some legal commentators as a “unicorn” in the world of class action litigation as they are particularly uncommon, but the attorneys for MJ Management believe that this is an appropriate action for the case that has now been raging in Whatcom County Superior Court for over three and a half years. “There is no question that this is an uncommon legal theory,” says attorney Jeffrey Possinger, one of the attorneys representing MJ Management and other defendants. “But it has been used effectively in other jurisdictions around the United States, and it appears that this may be the first time a Defendant Class Action has been brought in Washington State.” The attorneys for MJ Management believe that this is the most effective way to collect the past due assessments that MJ Management alleges it is owed by the various homeowners in the community who have not paid the Joint Maintenance Fees since 2020, when the litigation began. In 2020, the monthly fee was raised to $93 per month from the $36 per month that had previously been charged to the homeowners. The attorneys for MJ Management believe that the alternative, which would require bringing over 600 separate collection lawsuits against the various homeowners, would be inefficient and expensive, and a Defendant Class Action is a more effective means of both collecting the maintenance fees that are owed, as well as equitably distributing the attorney’s fees and other costs of collection across the appropriate 600 class members. The hearing for the Defendant’s motion has been set for Friday, December 8, 2023, before Superior Court Judge David Freeman, who is presiding over the case. A jury trial is set to begin on April 30, 2024. Readers can find additional information, updates, and insights at our case website. For media questions, interviews, or any other needs, please contact [email protected].
LIVE: Homestead Golf Course Litigation Homepage
Posted on: 07 Sep 2023
A website for the Homestead golf course litigation has gone live! Readers can visit and share the website (at www.homesteadgolfcourselitigation.info) to get informed on the background and facts of the ongoing case, learn about Possinger Law Group’s involvement, and stay updated on future developments. We look forward to sharing the details of this litigation with the public as the case progresses. Possinger Law Group recently appeared in this three-year-long dispute surrounding the Homestead Farms Golf Course and over 600 of the homeowners of an exclusive neighborhood in Lynden, Washington. An article on our appearance can be found here. For media questions, interviews, or any other needs, please contact [email protected].
Possinger Law Group Appears in Contentious Homestead Golf Course Litigation
Posted on: 09 Aug 2023
BELLINGHAM, WASHINGTON Litigation surrounding the Homestead Farms Golf Course and over 600 of the homeowners of this exclusive neighborhood in Lynden, Washington, has been raging for over three years. Last week, Jeffrey Possinger of Possinger Law Group of Woodinville and Anacortes attorney Reid Meyers appeared in the case on behalf of MJ Management, LLC, its owner, Mick O’Bryan, and former owner Joshua Williams. Prior to the lawsuit being filed, MJ Management had managed the golf course since 2017. “We are pleased to come into this case and represent MJ Management, Mr. O’Bryan, and Mr. Williams. MJ Management has been financially ruined as a result of this dispute. What is particularly heartbreaking here is that Mr. O’Bryan has devoted his entire business career to Homestead Farms and cares deeply for that community”, said Possinger. Reid Meyers is a seasoned litigator with significant experience in the golf industry. Homestead Farms is a residential golf course community that is made up of over 600 homes. The case, which was originally filed in May 2020, was initiated by a group of 11 homeowners who were unhappy with an increase in the monthly maintenance fees to maintain the golf course and residential common areas. Although many Homestead Farms community members have said the monthly fees are an appropriate cost of sharing the benefits of a maintained golf community, the plaintiffs disagreed and obtained certification to bring suit as a class action against both MJ Management and the owner of the golf course property, 18 Paradise, LLC. Mick O’Bryan has been connected to Lynden and the Homestead Farms Golf Course in various capacities for nearly 31 years. He and his family live near the facility. A jury trial before Judge David Freeman in Whatcom County Superior Court had previously been set to begin on September 6th of 2023, but with the appearance of new counsel for MJ Management, the trial date has been postponed indefinitely, likely into Spring 2024. At a hearing that was at times acrimonious, Judge Freeman demanded that the parties, including the homeowners of the residential golf community, remain civil with each other despite the rising tensions. Because of the ongoing litigation and non-payment of monthly maintenance fees, MJ Management was forced to cease operations and the golf course was closed as of August 1st. MJ Management had both managed the golf course and provided maintenance to the residential common areas, which included maintenance of environmentally sensitive areas located within the property created under a Planned Residential Ordinance established in the 1990’s. With the closure of MJ Management, it is unclear who will provide maintenance to the community going forward, or when residents can expect to see the course reopened. 09/07/2023 Update: A website has been launched, in order to better inform the public on this ongoing litigation. Readers can find additional information, updates, and insights here. For media questions, interviews, or any other needs, please contact [email protected].
Lawyer Stories Feature: Navigating the Seas of Justice
Posted on: 21 Jul 2023
Possinger Law Group is proud to have been featured again by Lawyer Stories! Our article, “Navigating the Seas of Justice: Overcoming Liability Waivers for Lawsuits in Maritime Accidents in the Wake of the OceanGate Tragedy,” analyzes some of the legal considerations behind the recent OceanGate submarine accident. The article provides a unique legal perspective on the sensationalized news topic, can be read on our website or as a Lawyer Stories feature. This is not the first time that Possinger Law Group and Lawyer Stories have collaborated. At the beginning of this year, Jeffrey Possinger was featured on the Lawyer Stories podcast, where he discussed his experiences working in law for more than 20 years, as well as his insight and advice for future attorneys. Jeffrey Possinger’s article, “Maybe a Guy Like You Could Never Work for a Firm Like Ours,” was also featured on the Lawyer Stories blog in early 2022. The article can be found on our website, and the Lawyer Stories feature can be found here.