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Date: 04-12-2019
Case Style:
Jeremy R. Morris and Kristy L. Morris v. West Hayden States First Addition Homeowners Association
Case Number: 2:17-cv-00018-BLW
Judge: B. Lynn Winmill
Court: United States District Court for the District of Idaho (Kootenai County)
Plaintiff's Attorney: Brad Miller, Brian Locker and Jeremy Ray Morris
Defendant's Attorney: Jillian H. Caires, Peter J. Smith, IV and Brindee L. Collins
Description:
Coeur d/Alene, ID - Jeremy and Kristy Morris the West Hayden States First Addition Homeowners Association on a civil rights Fair Housing Act theory claiming that they were discriminated against because of their Christmas display.
The Association claimed that the Plaintiff's broke the association's covenants, conditions and restrictions when they held two massive celebrations in 2015 and 2016.
Title 42 U.S.C. §3601 provides: "It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States.'
Outcome: Plaintiff's verdict for $75,000 set aside by the Court with a judgment in the amount of $4.
04/04/2019 118 MEMORANDUM DECISION AND ORDER The Homeowners Association's Motion for Judgement as a Matter of Law Pursuant to Rule 50(b) is GRANTED. In the alternative, the Homeowner's Association is GRANTED a new trial pursuant to Rule 59. Further in the alternative, the Court ORDERS remittitur. Plaintiffs will accept compensatory and punitive damages in the combined amount of $4.00. Plaintiffs may alternatively elect to proceed to a new trial. The Homeowners Association's Motion to Strike Affidavits of Jeremy Morris, Lorilee Anne Addy, and Russell Deming (Dkt. 115 ) is DENIED. Plaintiffs' Motion for Injunctive Relief in the Form of De-Annexation from the West Hayden Estates Homeowners Association (Dkt. 107 ) is DENIED. Plaintiffs are PERMANENTLY ENJOINED from hosting a Christmas program in the West Hayden Estates that violates the CC&Rs in the manner described in this decision. Pursuant to Declaration Section 8.1, Plaintiffs are ORDERED to pay the Homeowners Associations attorney's fees stemming solely from the prosecution of the Homeowner Associations counterclaim. The Homeowner Association's counsel shall submit a petition for fees and costs within 10 days from the date of this decision. Plaintiffs' shall have 5 days thereafter to file any objections to the reasonableness of the costs and fees sought, and the Homeowners Association's counsel shall have 5 additional days to file a reply to any such objections. The Court will then issue an order setting the amount of fees and costs awarded. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
04/04/2019 119 JUDGMENT It is hereby ORDERED, ADJUDGED AND DECREED, that Judgment be entered in favor of the West Hayden Estates First Addition Homeowners Association on each of Plaintiffs' Fair Housing Act claims and on the Homeowners Associations' counterclaim. Plaintiffs are permanently enjoined, to the extent spelled out in the Courts decision, from hosting a Christmas Program of the magnitude of the program they presented in 2015 and 2016. Pursuant to the Declaration, the Homeowners Association is entitled to attorney's fees stemming solely from theprosecution of the Homeowner Association's counterclaim. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
Plaintiff's Experts:
Defendant's Experts:
Comments: Editor's Comment: This case appears to be another example of very religious people being represented by a Christian orients law group suing to protect the religious rights of their clients.
