All:
Just returned from vacation and will provide a detailed report of all litigation right after Christmas. The latest filings is Jefferson County Circuit Court can be found on the 3R’s website, SAV-R-COMMUNITY.
Here is a preview of a complete update of all current litigation.
In March 2017, the membership approved by a 90% affirmative vote the Legal Assessment Fund. This assessment approval has allowed the Association to file an action in Jefferson County Circuit Court to seek protection of our boundaries, roads and amenities and to preserve the character of Three Rivers as a private gated community. Further, your assessment approval sent a clear message to challengers DeMonte and Anderson that the members of this community stand together in protecting Three Rivers as approved and developed over the last 47 years with your assessments and through your efforts. The legal action continues after unsuccessful mediation with DeMonte, Anderson and the County.
The amended complaint depicts the correct location of the 1896 EH Sparks Road dedication (see attached photo). The Sparks Road although dedicated, was not improved and in 1900, it was extinguished by operation of law. This extinguishment fact is supported by Harry Heising’s Homestead Deed granted by the United States Land Office in 1942. The Heising homestead land is now Three Rivers land. The Homestead Deed does not except any public road. No one challenged Heising’s Homestead deed with the six-year challenged period. The Heising deed gave absolute clear title without a public road. Beginning in 1970, Jefferson County began making land use and permitting decisions, which binds the County, based on Three Rivers having no public road burden and no public access.
On December 18, 2017, Judge Hillman allowed Association to amend its complaint based on newly discovered facts and new legal theories. Association has filed its amended complaint and filed a motion for summary judgment arguing that Association should prevail as a matter of law on its action to have the court declare that Three Rivers is not burdened by any public road, and that DeMonte, Anderson and the public has no right of entry into Three Rivers. We anticipate that a hearing on Association’s motion for summary judgment will be set in March 2018 to give defendants time to file a response and for Association time to file a reply.
HAVE A SAFE AND WONDERFUL CHRISTMAS!
