Update on Coastland Litigation

Update – Coastland Corp. vs. Currituck County

This is to update you on the latest development in this case. As you may recall from the recent letter from Coastland, Coastland said that, “at its own expense”, it was going to object to inclusion of the water & sewer district (OSWSD) in the lawsuit Coastland filed against the county.

The hearing on this matter was set for January 25, 2016. Your homeowner representatives opposed Coastland’s proposal to hire an attorney to represent the POAs because (1) the POAs had no legal standing to participate in this matter and (2) it did not appear that there was any possible legal conclusion other than that the OSWSD was a “necessary party” to this action.

After the calendar call on January 25, but before the issue came before Judge Tillet, Coastland’s attorneys agreed to the joinder of OSWSD as a necessary party to the suit. The parties also agreed to a slight modification to the process proposed by the county for selecting arbitrators. An Order to effectuate this agreement has been submitted to Judge Tillet for entry into the case file. The irony has not escaped us that Coastland wanted the POAs to pay legal fees to protect us….from Coastland.

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