Crossroads to appeal court loss

The Crossroads Property Owners Association will file an appeal after losing a court decision May 6 over a garage built in a setback.

Association board chairman Judson "Bud" Cunningham told The Nugget on Sunday, May 23, that he "got authority today to go forward with the appeal" at a board meeting held during what was initially a "social gathering" attended by some Crossroads property owners at the home of Don and Linda Clemans.

That gathering was organized after an earlier meeting of association members, scheduled for noon, was aborted because Cunningham would not let the attorney for garage owner Joseph Holder attend.

Cunningham said that notice of board meetings or an agenda did not have to be given if a meeting was called when all board members were already present.

The May 6 court defeat for the association hinged on a ruling by Judge Stephen Tiktin that amendments to the Crossroads covenants, codes and restrictions between 1981 and 1989 were invalid. Since the lawsuit over the garage was based on those CCRs, the judge ruled the garage could stay and awarded the Holders court costs, excluding legal fees.

Cunningham has indicated that the court decision effectively returns Crossroads to the bylaws and fee structure to 1972. He earlier had said that this would devastate the association and they had no choice but to appeal.