Rose Hall Homeowner's Ass'n v. Jelinek

By Judge Kathleen H. MacKay

This matter comes to the Court on Complainant’s Motion to Compel and Respondents’ Motion to Dismiss the Bill of Complaint for Injunctive Relief.

On May 3, 2004, the Rose Hall Homeowner’s Association (the Association) filed a Bill of Complaint seeking injunctive relief. The Association claimed that it had denied Defendants’ request to build a black metal ornamental fence, but that the fence was erected nonetheless. Building the fence allegedly breached an agreement binding all property owners within the Rose Hall subdivision. The Association’s suit was properly filed…