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Background Documents (Click Date To Access) 

4.15.19: Neel, Jenkins, Cavanaugh Original Complaint 

5.5.19: Lot Owner Email From SVDC: Lawsuit Summary, Original Complaint & Attachments

5.6.19: Attorney Leake.Dan Dively. Preliminary Objection Filing

5.21.19: Neel, Jenkins, Cavanaugh Motion For Special and Preliminary Injunction

5.22.19: Attorney Leake. Dan Dively. Reply To Injunction

5.23.19: Injunction Hearing Transcript, Injunction Denied By Court

6.27.19: Neel,Jenkins,Cavanaugh Leave Motion & Amended Complaint

2.26.20: SVDC Preliminary Objections, Court Opinion

3.19.20: Dively Answer and Counterclaims

SVDC Answer & New Matter

4.1.22:   D. St Clair Request To Post: Plaintiffs Motion 

4.29.22: Court Hearing/Proceeding Summary by Joe Piccini, SVDC President

4.10.23: Motion For Summary Judgment (Dismissal of Lawsuit Against SVDC)

4.12.23: Second Motion For Summary Judgment by Attorney David Leake (4/12/23) on behalf of Dan Dively;Brief In Support of Motion;

               Exhibits To Second Motion: Ex A; Ex B; Ex C; Ex D; Ex E; Ex F; Ex G; Ex H; Ex I; Ex J; Ex K; Ex L

      Please note that these Exhibits include the full transcripts of the plaintiffs depositions, given under oath.  The depositions were taken by SVDC's  legal                        counsel in the later half of 2022. These three depositions are the only depositions taken by SVDC's defense counsel on behalf of the SVDC. 

4.20.23: April 2023 SVDC Litigation Report

5.16.23: May 2023 SVDC Litigation Update

                 Additionally, please disregard the rumors being circulated that the SVDC’s Motion For Summary Judgment to dismiss the lawsuit has been denied. It has                     not. The Court has consolidated the SVDC’s Motion For Summary Judgment and the Plaintiffs’ Motion to be heard in a single hearing before the Court. The                   Rescheduling Order lists the last Motion filed at the top of the docket, in this case the Plaintiffs’ Motion. The SVDC’s Motion For Summary Judgment has                       not been dismissed and will still be heard by the Court. Submitted by: Brad Meneilly, SVDC Board Director

10.31.23: Lawsuit Update:

1. Judge Geary handed down his Ruling,  with an Opinion, today on the arguments heard in his Court on July 5th and  August 29th. Judge Geary ruled in favor of the SVDC by rejecting Plaintiff's motions for;
        a. Contempt and request for
        b. Monetary Sanctions [damages].
2. Judge Geary's opinion also made it clear to Plaintiff's counsel that past and current Board members are not parties to this action (except for Dan D. who is a named party) and ''rejects [Plaintiff's counsel's] invitation to direct Defendant SVDC to produce documents that are in the possession of nonparties."
3. Finally, he has directed that all discovery be concluded within the next 90 days . [Jan. 30, 2024]

I view this ruling as a win, win, win for the SVDC. 

I would expect that the SVDC will be refiling its motion for Summary Judgment at the end of the 90 day discovery window.

 The Judge's Order and reasoning can be read here.

Brad Meneilly 

President SVDC

3.15.24:Final Litigation Report and Settlement Agreement

As of March 14, 2024, the lawsuit against the SVDC and Dan Dively has been withdrawn, with all the required  filings, by plaintiffs Harry Neel, Mike Jenkins, and the late Lee Cavanaugh. Please use the following links to read these final documents:

Final Litigation Report

Settlement Agreement

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