Ryans v Town of Carefree, et al.
On May 17 the Town of Carefree made several filings in the Maricopa County Superior Court of Judge Jay Adleman regarding the case Ryan v Town of Carefree, which originated in July of 2020, including a Motion to Dismiss and a Motion for Attorneys’ fees. Both Motions are posted separately on the Legal Proceedings page.
In the Motion to Dismiss, the Town of Carefree argues the Ryans’ claims have been mooted by the Town’s filing to condemn the subject property, a separate case that has resulted in the Town’s immediate possession of the property and the construction of a water storage reservoir.
In the Motion for Attorneys’ Fees Pursuant to A.R.S. § 12-349, the Town makes multiple arguments that the referenced statute mandates assessment of reasonable attorney’s fees against the BHOA for actions resulting from BHOA court filings subsequent to the November 18, 2021 start of construction of the water storage reservoir on Tom Darlington Drive.
As of this reporting neither the Ryans nor the BHOA have yet submitted responses to these motions.