INITIAL POSTING - LATE
NOVEMBER TO EARLY DECEMBER OF 2005
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High Gables Driveway Litigation
High Gables Homeowners
Association, Inc. v. Larry C. Oldham, Civil Action File No. 05-CV-2005,
Superior Court of Forsyth County, Georgia
"where is the love?"
A Note from
the Defendant:
I have filed an Answer, Counterclaim and Third Party Complaint in which I
seek damages for certain harms I believe I have suffered both individually
and as a member of the High Gables HOA, including defamatory statements I
believe that have been made about me. While I intend to pursue these
claims to their logical conclusion (including dropping them if they turn out
to be unfounded after I have completed discovery), I want everyone to feel
free to speak their minds in this forum I have created. While there is
a defamation exemption for any statements made in the course of litigation,
I want to assure everyone that they are free to say anything they want in
this forum and that I will not pursue any further claims against anyone as a
result of same. I only desire to pursue actionable claims, if any,
that arose from conduct prior to the filing of the lawsuit against me.
To my chagrin, I have noticed a typographical error or two in some of the
letters and other documents I have posted on this site and/or sent to
opposing counsel or third parties. For the record, I tend to do a better job
when I am getting paid for my services, and I do not want any friends or
neighbors who may be considering using my firm to draw any adverse
conclusions about my firm's abilities to handle their needs as a result of
any typos they made find.
OVERVIEW
Larry,
his wife Lynn and their three sons, Matt, Rob and Drew built
their dream home on a great 2+ acre Lot in a nice subdivision. The Oldhams
apparently offended the sensibilities of some of their neighbors when they
moved into their new home in
May of 2005 with a gravel driveway, even though they fully intended
to pour their 600 foot long concrete driveway within a couple of weeks of
occupancy.
Unfortunately, rainy weather, unanticipated site problems and contractor
scheduling issues led to it taking longer than the Oldhams expected to
complete their driveway.
In October of 2005, Larry found himself named as the defendant in a
civil lawsuit filed against him by the High Gables Homeowners Association over his
alleged violation of covenants pertaining to his driveway, mailbox and
associated landscaping. The lawsuit seeks money damages, and the HOA
purports to assess as fine in the amount of $25.00 per day until the alleged
violation is abated. This amounts to roughly $1,675.00 through November 7,
2005 (the date the pouring of the driveway and sidewalk was
completed), and to $2,550.00 through December 11, 2005 (the date that all
the entrance landscaping Larry intends to do at the present time was
completed). Larry has installed a temporary mailbox and will comply
with the "neighborhood standard" once same is provided to him by the HOA as
he requested by letter dated
November 14, 2005. The lawsuit also requests injunctive
relief, which has been mooted by the pouring of the driveway and sidewalk and
installation of the landscaping and mailbox, and also seeks the HOA's attorney's fees and expenses of litigation
on the grounds that Larry has acted in bad faith, been stubbornly litigious
and/or has caused the HOA unnecessary trouble and expense. It is the
second time in 14+ years of law
practice that Larry has found himself as a party to a lawsuit instead of as
one of the attorneys representing the litigants (the other time was a car
accident claim that was not his fault that was filed to protect the statute
of limitations and eventually dismissed with the plaintiff recovering
nothing).
To keep from
having to repeat the same story or to offer the same explanations over and
over, Larry thought it best to create this web page to keep anyone
interested in the lawsuit up to date on the latest developments.
Ironically, Larry makes his living keeping his clients out of trouble and
advising them that principles are often too costly to
litigate over, but he has
never been one to heed his own advice.
As the litigation proceeds, Larry will be including copies of pleadings,
correspondence and other pertinent information for informational purposes.
Once his neighbors and others have all of the relevant information available
to them, they can make their own decisions regarding the relative positions
of the parties to the lawsuit. Larry recognizes that the actions of
both sides in this matter may be seen by those who are not involved as childish and/or silly -- or, at the very least, downright un-neighborly
-- but he reminds
the reader that he did not choose the forum for this particular battle and
had always hoped
to avoid it escalating to its present status. Nevertheless, in the words of the
immortal Johnny Rambo, "They drew first blood," and neither Larry nor
anyone in his family has ever been known to run from a fight.
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Copyright © Larry C. Oldham, P.C.
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