Following a five day trial in Connecticut Superior Court, partner Rob Flynn secured a judgment for the defense in two consolidated lawsuits brought by residents of a shoreline common interest ownership community against the community’s board of directors. The residents claimed that the board violated the Connecticut Common Interest Ownership Act when it approved the renovation of a waterfront home that, the residents claimed, unduly blocked their water view. The residents sought money damages, attorney’s fees, and an injunction. Following evidence and closing argument, the judge ruled from the bench, finding for the board on all eight claims.
At trial, the board’s witnesses presented testimony and evidence of the board’s efforts to ensure that all of its proceedings were fair, open and transparent, that it complied with both the spirit and the terms of its bylaws, and that it protected all of the community’s resources, including water view, for the benefit of all residents. Attorney Flynn focused on the law’s broad grant of discretion to the board, arguing that the board’s conscientious application of the bylaws to the renovation project was well within its discretion under their bylaws and under the Act.