Michael F. Schmidt Obtains Summary Judgment In U. S. District Court In Regard To Plaintiffs’ Multi-Count Handicap Discrimination Claim

Robert Benkovich and Kathy Benkovich v Washington Park Village Condominium Association, et al, U. S. District Court for the Eastern District of Michigan, the court granted summary judgment as to all claims made by the plaintiffs in a multi-count complaint alleging violation of the Fair Housing Amendment, malicious acts in violation of 42 USC §3617, violation of the condominium documents, violation of the Michigan Condominium Act, breach of fiduciary duty and violation of the Michigan Persons With Disabilities Act. The plaintiffs sought damages and injunctive relief to compel modifications to their condominium unit and a designated handicapped parking spot. The court agreed with all of our arguments on our motion for summary judgment that the plaintiffs failed to meet their burden of proof to demonstrate that the claimed accommodations were necessary, that there was different treatment for any other condominium resident, that there was any violation of the condominium documents or by-laws, that there was no breach of any fiduciary duty by any of the defendants and the plaintiffs were seeking privileges beyond those permitted to other co-owners.