RBC Files Counter to WCI’s Motion to Dismiss our Lawsuit – Hearing Set for July 19th

It is time to focus on our lawsuit against WCI.

The links below will lead you to the RBC response filed this week by our attorneys opposing WCI’s motion (attempt) to dismiss our lawsuit. Please read them. We believe they will give you a better understanding of where the case currently stands.

RBC’s Counter to WCI’s Motion to Dismiss                  (WCI’s Motion to Dismiss)

In summary:  WCI is asking the court to dismiss RBC’s case against them by claiming that residents have no standing while also attempting to claim that the PLCA is required to be a party to the case.

  • Surely WCI is not saying that the unit owners of the properties that WCI or others sold to them within Pelican Landing have no standing or say in their very own property rights! Such an interpretation of the law of standing tears apart the very fabric of the fundamental property rights upon which this nation was built, not to mention the rights granted under our Governing Documents as well as Chapter 720 of the Florida Statutes.

RBC’s response is that WCI failed to bring forth any valid basis to dismiss this action.  The underlying interests and property rights are those of the unit owners, the “real parties in interest”, and not the PLCA (an entity under Florida law established to operate the affairs of the community).  WCI is proceeding with actions detrimental to Pelican Landing property owners and the PLCA. Yet, despite their fiduciary relationship to the members, the PLCA’s officers and directors have failed to act. Therefore, RBC has a clear right to file suit to protect and benefit all unit owners.

Accordingly, RBC respectfully requests the court deny WCI’s “motion to dismiss” so that the matters before the court can proceed on the merits of the RBC’s complaint.

The court will hear RBC’s response to WCI’s motion to dismiss next Tuesday July 19th in Fort Myers. We are optimistic the judge will grant RBC standing and rule in favor of the basic rights granted by our constitution that allow for the protection of the property rights of individual property owners. We will let you know the outcome as soon as possible.

 

RBC Fundraising Campaign Continues
The legal fight to maintain the viability of our community requires money and expertise. We have hired Richard DeBoest to represent us in this challenge but need your contributions to pay for it. Please send your check made out to “Goede, Adamczyk Trust Account” (with “RBC” on the memo line) to:
Richard DeBoest, Esq
2030 McGregor Blvd
Ft. Myers, FL 33901
Please include your name, email and home address on a separate piece of paper.
Thank you for your support!

Why funds are needed