She acknowledged that those facts were genuine.
Then she addressed the 1994 letter.
The prior owner’s express written permission was inconsistent with the HOA’s asserted theory of adverse use.
On the evidence and legal theories presented, the association had failed to establish the easement it claimed.
The amended request for a permanent court-granted easement was denied.
The late necessity argument did not provide a properly established alternative basis for the requested relief.
The lawsuit was dismissed with prejudice.
For a second, the words didn’t register.
I looked at David.
He was watching the judge.
She continued.
The association had pursued the action without adequately investigating readily available title and historical records, and the court awarded attorney’s fees to the defense under the grounds established in the proceeding.
David made a note.
Then the judge closed the matter.
“Court is adjourned.”
We stood.
The judge left.
And Margaret’s entire expression changed.
She looked stunned.
The color had drained from her face.
Her eyes moved between her attorney, the two board members, and the gallery.
Nobody said anything.
The attorney began packing his files.
Margaret leaned toward him.
“What just happened?”
He answered quietly.
She shook her head.
“No. No, that can’t be right.”
He spoke again.
She gripped the back of a chair.
“We’ve had that road for thirty-one years!”
Several people looked over.
Her attorney lowered his voice.
Margaret was no longer whispering.
“So you’re telling me he gets everything?”
David closed our folder.
I stood beside him.
Margaret turned toward me.
For one moment, I thought she might confront me again.
Instead, her eyes narrowed.
“You think this is funny?”
I shook my head.
“No.”
“You’ve put ninety-six families at risk.”
“I haven’t blocked their road.”
“You destroyed our legal protection!”
“Your lawsuit failed, Margaret. I didn’t make you file it.”
Her face tightened.
“You knew about that letter.”
“I learned about it during the case.”
“You set us up!”
“No. You sued me.”
She opened her mouth.
Then stopped.
There wasn’t much she could say to that.
The lawsuit had been her decision.
The claims had been her association’s.
The demand for a permanent easement had been filed on her behalf.
