Monday, November 03, 2008

Peekaboo Plaintiff Hard on Process Servers

A defendant in a local covenant lawsuit is playing hard to get.

David Dias, property owner at 3350 Tea Rose Drive, is in court over an unapproved retaining wall and commercial-vehicle parking.

Or rather, he isn’t.

Dias was a no-show at an Oct. 16 court hearing.

“We’ve had trouble serving him,” said Wayne Lowery, district general manager. “He’s not answering his door.”

Dias’ case-management hearing Oct. 16 was continued until Dec. 17.

“The court continued it 60 days to give us time to serve him, and for him to respond to the service,” Lowery said.

In January 2007, the district first notified Dias of the covenant violations.

“You are hereby required to stop work immediately,” the CSD letter said of the retaining wall project. “You are also required to submit a Property Improvement Application to the Design Review Committee.”


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