Jeremy and Kristy Morris of Idaho just won a four year case against their Home Owner’s Association that awarded them $75,000 on grounds of religious discrimination.
Every year the Morris family puts up wildly elaborate Christmas decorations that include thousands of lights, elaborate manger scenes and even a camel. The display stays up for five days prior to Christmas and attracts thousands of visitors each year.
The HOA sent a letter to the Morrises outlining why they could no longer setup their elaborate display, or as the Morrises described it, “ministry.” Following the letter the Morrises decided to pursue legal action.
While Morris, who is a lawyer himself, came away victorious in the suit, he has also decided to move anyway. In a recent Statement Morris said, “Our family will live wherever we want to live to spread the message of Jesus Christ and the birth of our savior. We’re looking forward. We’re positive. We’re excited.”
The implications of this case could become far reaching as the HOA filed counterclaims and if the case is appealed and the Morris family wins again with the 9th Circuit Court of Appeals it would regulate law for similar incidents occurring throughout the most of the western area of the country.
Our law firm has stood for Home Owners Associations in court as plaintiffs, defendants, and on many occasions, both. Litigation between associations and third parties can start out as relatively simple claims by one party against another, then expand as each side discovers additional causes of action or counterclaims, impleads additional defendants, or runs into insurance coverage problems for issues that didn’t come up in the original complaint. To find out more about our distinctive approach, contact us at the Callahan & Blaine offices in Santa Ana.
