Subsequent to the 14th Appellate Court ruling in late November, GOMO representatives met personally with the litigants and discussed settlement terms. Although both sides offered a proposal and counter-proposal, neither was accepted and negotiations were suspended. After a full review of options, the Board determined it would be prudent to proceed with a Request for Review by the 3 Judge Appellate Panel. This Request for Review was submitted on December 29, 2017. It is expected the Court will render its opinion regarding the Review in 1-2 months.
The sole legal issue GOMO is pursuing is the declaration that GOMO was improperly formed with regard to the specific litigants . It is important to note that the declaration was limited to the litigants and was not applied to the neighborhood as a whole. This ruling is still problematic and could potentially have further legal ramifications and negatively impact GOMO’s ability to act as a fully functioning enforcement organization.
GOMO is not contesting the other declarations from the appellate court’s opinion. GOMO agrees with the Court that the deed restriction for more than 2-car garages in Section 3 is waived and GOMO is no longer contesting the litigant’s garage.
Regarding rationale for the Request for Review, GOMO believes neighborhoods thrive and are better supported with a deed restriction enforcement entity. Considerable effort by the Board went into evaluating whether it would be possible to put forth a legal argument worthy of review by the Appellate Court. Even though the board believes this is the responsible action to take it was acknowledged that repeating the arguments, which previously failed, would be futile and have a deleterious effect on the future work required to restore trust and confidence within the neighborhood. Regardless of the outcome of this Request for Review, this case is several steps closer to a conclusion. GOMO believes it is time to work towards repairing the relationships, institutions, and deed restrictions that make Garden Oaks a special place to live. We hope you will join us in working towards those goals.