Nelson v. Long Reef Condominium Homeowners Association
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX SANDRA NELSON, ) ) Plaintiff, ) ) v. ) ) LONG REEF CONDOMINIUM ) Civil Action No. 2011-0051 HOMEOWNERS ASSOCIATION, ) ) Defendant. ) __________________________________________) ) LONG REEF CONDOMINIUM ) HOMEOWNERS ASSOCIATION, ) ) Counter-Claimant, ) ) v. ) ) SANDRA NELSON, ) ) Counter-Defendant. ) __________________________________________) Attorneys: Sunshine S. Benoit, Esq., St. Croix, U.S.V.I. For Plaintiff/Counter-Defendant Douglas L. Capdeville, Esq., Melissa P. Ortiz, Esq., Ellen G. Donovan, Esq., St. Croix, U.S.V.I. For Defendant/Counter-Claimant JUDGMENT UPON CONSIDERATION of the evidence presented at the bench trial, the written submissions of the parties, and for the reasons stated in the accompanying Memorandum Opinion, filed contemporaneously herewith, it is hereby Case: 1:11-cv-00051-WAL-EAH Document #: 232 Filed: 08/05/16 Page 1 of 3 2 ORDERED that Judgment is entered in favor of Plaintiff Sandra Nelson (“Plaintiff”) on her reasonable accommodation claim, brought under the Fair Housing Act, 42 U.S.C. …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX SANDRA NELSON, ) ) Plaintiff, ) ) v. ) ) LONG REEF CONDOMINIUM ) Civil Action No. 2011-0051 HOMEOWNERS ASSOCIATION, ) ) Defendant. ) __________________________________________) ) LONG REEF CONDOMINIUM ) HOMEOWNERS ASSOCIATION, ) ) Counter-Claimant, ) ) v. ) ) SANDRA NELSON, ) ) Counter-Defendant. ) __________________________________________) Attorneys: Sunshine S. Benoit, Esq., St. Croix, U.S.V.I. For Plaintiff/Counter-Defendant Douglas L. Capdeville, Esq., Melissa P. Ortiz, Esq., Ellen G. Donovan, Esq., St. Croix, U.S.V.I. For Defendant/Counter-Claimant JUDGMENT UPON CONSIDERATION of the evidence presented at the bench trial, the written submissions of the parties, and for the reasons stated in the accompanying Memorandum Opinion, filed contemporaneously herewith, it is hereby Case: 1:11-cv-00051-WAL-EAH Document #: 232 Filed: 08/05/16 Page 1 of 3 2 ORDERED that Judgment is entered in favor of Plaintiff Sandra Nelson (“Plaintiff”) on her reasonable accommodation claim, brought under the Fair Housing Act, 42 U.S.C. § 3604(f)(3)(B); and it is further ORDERED that Plaintiff, as the prevailing party on her reasonable accommodation claim, is awarded $12,000 in actual damages; and it is further ORDERED that Plaintiff, as the prevailing party on her reasonable accommodation claim, is awarded $45,000 in punitive damages; and it is further ORDERED that Plaintiff, as the prevailing party on her reasonable accommodation claim, is awarded her reasonable attorney’s fees and costs—in an amount to be determined upon proper application by Plaintiff; and it is further ORDERED that Judgment is entered in favor of Defendant Long Reef Condominium Homeowners Association (“Defendant”) on Plaintiff’s disparate treatment claim, brought under the Fair Housing Act, 42 U.S.C. § 3604(f)(2); and it is further ORDERED that Judgment is entered in favor of Defendant on Plaintiff’s intentional infliction of emotional distress claim; and it is further ORDERED that the relief requested by Counter-Claimant Long Reef Condominium Homeowners Association in its counterclaim for a declaratory judgment is DENIED; and it is further ORDERED that Judgment is entered in favor of Counter-Defendant Sandra Nelson on the counterclaim; and it is further ORDERED that Plaintiff shall be permitted to return to her condominium at Long Reef, 3016 Orange Grove, Christiansted, Virgin Islands 00820, with her dog, Pawla; and it is further Case: 1:11-cv-00051-WAL-EAH Document #: 232 Filed: 08/05/16 Page 2 of 3 3 ORDERED that Defendant shall make any reasonable accommodations necessary for Plaintiff to return to her condominium at Long Reef with her dog, Pawla; and it is further ORDERED that Defendant shall remove from Plaintiff’s account at Long Reef all pet fines and any associated interest and attorney’s fees; and it is further ORDERED that Plaintiff shall have up to and including August 19, 2016 within which to submit her petition for reasonable and appropriate attorney’s fees and costs incurred in this matter; and it is further ORDERED that Defendant shall have up to and including September 2, 2016 within which to file a response to any petition for attorney’s fees and costs submitted by Plaintiff; and it is further ORDERED that Plaintiff shall have up to and including September 16, 2016 within which to file a reply. SO ORDERED. Date: August 5, 2016 ________/s/________ WILMA A. LEWIS Chief Judge Case: 1:11-cv-00051-WAL-EAH Document #: 232 Filed: 08/05/16 Page 3 of 3