Attorney Tyler R. Moffatt is representing the defendants The Retreat at Deer Lick Falls, LLC and Claude Hayes in an HOA lawsuit. He requested the Chancery Court judge dismiss the complaint because they were not included in the lawsuit.
Request to Dismiss the Complaint
The Retreat at Deer Lick Falls is a small home community located in Monteagle. It’s involved in a lawsuit, with the plaintiffs looking to end the developer’s conservatorship over the neighborhood so that the residents can self-govern through the homeowners association. According to the plaintiffs, the developer has breached its fiduciary duty several times. They are requesting $250,000 in damages. The 13 plaintiffs include Linda Brookhart, Nancy Hiatt, Patricia Stewart, Jeff Stewart, Loise Witherspoon, Harlen Crossen, Jack Miller, Bruce Blohm, Richard Meadows, William Henley, Hank Mills, Janet Mills, and Charles Talbot.
Attorney Tyler R. Moffatt, who represents the defendants The Retreat at Deer Lick Falls, LLC, and Claude Hayes, has requested to dismiss the complaint. He filed the motion in August. Moffatt asked the Chancery Court judge to review and dismiss the complaint because the persons of interest—the mortgage lien holders and remaining property owners—were not included in the lawsuit.
According to Moffatt, the plaintiff failed to name the necessary parties in the lawsuit, justifying the dismissal. Nevertheless, he proposed an alternative motion to dismiss: to stay the proceedings and require all those parties to join the lawsuit. Moffatt filed the first dismissal motion in June to remove Hayes from the lawsuit. This would have left The Retreat as the sole defendant at Deer Lick Falls, LLC. However, Chancellor Melissa Willis declined the motion in July.
