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Oak Hills Highlands Association, Inc. v. Levasseur

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Thursday, December 19, 2013

A-12-1173, Oak Hills Highlands Assoc., Inc (Appellant) v. LeVasseur, et al. 

Douglas County, District Court Judge Peter C. Bataillon

Attorney for Appellant:  Ben Thompson (Thompson Law Office, PC, LLO)

Attorney for Appellee:  Albert M. Engles, James C. Boesen (Engles, Ketcham, Olson & Keith, PC)

Civil Action:  Suit to Foreclose Condominium Assessment Liens

Action Taken by Trial Court:  The district court granted summary judgment in favor of the appellees.

Assignments of Error on Appeal:  On appeal, the appellants contend that the district court erred in (1) granting summary judgment in favor of the appellees; (2) in failing to conclude that the appellant adopted the Nebraska Condominium Act as a matter of law; (3) in finding that the revised declaration and by-laws were ambiguous; (4) in finding that Neb. Rev. Stat. § 76-773 did not apply; (5) in finding that the condominium associations revised declaration and by-laws did not independently permit the condominium association to exclusively assess increased common expenses caused by the homeowner’s fire-related misconduct against that homeowner’s property, and; (6) in failing to order foreclosure of the condominium association’s lien.

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