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March 10, 2014

Berger Harris Secures Amicable Resolution of Odessa National Litigation

March 7, 2014 – Wilmington, DE – Berger Harris attorneys Brian Gottesman and David Anthony successfully secured an amicable resolution of claims and counterclaims asserted in the matter of Odessa National Golf Course, LLC v. Ronald Grantland, et al., C.A. No. N10C-10-232 DCS (Del. Super.), in which the firm represented 26 householders in the Odessa National community in Townsend, Delaware.

Berger Harris’s clients were sued (along with a large number of other residents) in late 2010 and early 2011 by Odessa National Golf Course, LLC (“ONGC”) for failure to pay certain quarterly assessments, which the plaintiff alleged were mandated under a Master Declaration of Covenants and Restrictions made as of May 19, 2005 and recorded as of August 5, 2005 in the Office of the Recorder of Deeds.  The defendants represented by Berger Harris filed a number of counterclaims against ONGC and several related entities (collectively, the “Odessa National Parties”).  The Odessa National Parties were represented by Wilmington attorney Jeffrey P. Weiner.

After three years of intensive discovery and voluminous motion practice, the parties were scheduled for a trial of at least two weeks’ duration to commence March 3, 2014, but decided to resolve their differences in an amicable and mutually-satisfactory manner in late February.  A stipulation of dismissal was filed on March 7.

Berger Harris’s Delaware real estate law practice has been featured in U.S. News and World Report – Best Lawyers.  Founding partner Buddy Berger chairs the Berger Harris real estate practice.