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
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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
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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
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