Flanagan and Worthy Obtain Dismissal of All Claims Against Condominium Association

Pat Flanagan and Mica Worthy obtained a dismissal of the case against a condominium association that was sued when the community voted for and approved a special assessment for renovations, as the complex was in a state of disrepair such that the Town Building Inspections had deemed it condemned.

Plaintiff alleged in the Complaint that the assessment was unreasonable, excessive, illegal and unnecessary. She claimed breach of fiduciary duty and breach of contract as to the condominium association, and several other tort claims against other defendants in the matter.

As counsel for the condominium association, Flanagan and Worthy moved for dismissal of the case pursuant to Rule 12(b)(1) and (6) and the trial court entered an order dismissing all claims against the defendants. Upon appeal, they argued Plaintiff had abandoned claims directed at our client based on her brief, and the Court of Appeals affirmed the dismissal based on our reasoning.