New Trial Sought In Lawn Battle

Article Courtesy of The Tampa Tribune

By GEORGE WILKENS
Published March 16, 2006

The man whose four-year turf battle with the Pebble Creek Homeowners Association ended in defeat in a Hillsborough County courtroom last month is seeking a new trial.

Edward Simmons' request for a new trial and other motions filed in the wake of the Feb. 24 verdict will be heard March 27.

A jury ordered Simmons to reimburse the Pebble Creek Homeowners Association the $2,212 it paid to replace his lawn in January 2002, alleging it did not meet community standards of being green and relatively weed-free.

Simmons spoke briefly at Monday night's Pebble Creek Homeowners Association meeting.

"I'm sitting here today telling you I'm willing to settle," he told association directors. "This case is not going to get over any time soon unless it's settled. I'm willing to settle with Pebble Creek," but not a related lawsuit he filed against two individuals who were on the association board when the controversy arose.

The Pebble Creek board did not respond to Simmons' remarks Monday, citing the ongoing legal battle and advice of their attorney, Ricky Thacker, who did not attend the 6:30 p.m. meeting.

Though the weeklong trial ended with the jury finding the association is entitled to reimbursement for replacing the lawn, the bigger issue is legal fees generated by the lawsuit.

A March 8 letter from Thacker, the association attorney, says Simmons owes his client $111,310, broken down as $102,117 in attorney fees, $5,357 in costs, the $2,212 award and $1,615 interest on that sum since 2002.

Simmons' offer to settle with Pebble Creek seeks reimbursement of $31,750 in legal fees.

Simmons was first warned in August 2000 that the lawn at the house he owns at 9769 Fox Hollow Road violated deed restrictions.

After 16 months and several warnings that were ignored, the homeowners association replaced the lawn, billing Simmons $2,212 for sod and labor.

Simmons refused to pay. The association put a lien on the house. Simmons contested the lien.

Simmons, a real estate broker and retired Tampa police captain, maintains the lawn was no worse than any other in the community, given the area was in the midst of record drought. His countersuit alleges the association abused its authority and trespassed.

The motion hearing is scheduled for 9:45 a.m. March 27 before Hillsborough County Judge Cheryl Thomas, who presided over the jury trial.

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Pebble Creek  Homeowners' Association, Tampa