Farneth v. Windson Development Corp.

By JUDGE THOMAS A. FORTKORT

This matter is before the Court on the motion of defendant, Windson Development Corporation, for Summary Judgment. For the reasons set forth below, the defendant’s motion is denied. Viewing the record in its current condition, the defendant has failed to meet its burden of establishing the absence of a genuine dispute as to any material fact.

I. Review of the Facts

This suit was filed on January 11, 1990, by Richard W. Farneth and Pamela C. Farneth (hereafter "plaintiffs") after they had been unsuccessful in receiving a refund remaining in the amount of $6,527.50 from…