On Friday, March 15, 2013, New Jersey Superior Court Judge Deborah Silverman Katz  granted class certification status to a case brought by residents of the Plaza Grande “over 55” development in Cherry Hill against developer D.R. Horton. The Court certified a class made up of all condo owners at Plaza Grande who were original purchasers from D.R. Horton.  At the same time, the judge denied a motion for summary judgment brought by D.R. Horton, which had sought dismissal of the case.

The lawsuit, which was filed by four Plaza Grande condo owners  in late 2011, seeks an order directing D.R. Horton to complete construction of a clubhouse and swimming pools which were promised by D.R. Horton in the Plaza Grande Public Offering Statement in 2005, but which have never been completed. The lawsuit also seeks an order requiring D.R. Horton to turn over full control of the Plaza Grande condo board to residents unless D.R. Horton resumes building additional condo units at Plaza Grande.

In granting class certification, the Court appointed local attorney Stephen P. DeNittis of Marlton—who is also lead counsel in the so-called “red light camera” cases in New Jersey— to serve as counsel to represent the class.  Speaking as to today’s rulings, attorney Stephen P. DeNittis stated:

“The certification of a class by the Court is a key event in any proposed class action. It means that it is not simply a few residents who are suing D.R. Horton, but all Plaza Grande condo owners who were original purchasers. That ruling, and the denial of D.R. Horton’s motion to end this case, are important victories for Plaza Grande residents. Eight years ago, D.R. Horton made written promises to these people which have not been kept. Today’s rulings mean that all Plaza Grande condo owners who were original purchasers have now banded together and are collectively asking the Court to order D.R. Horton to keep those promises.”

For More Information contact: The Law Firm of Shabel & DeNittis: 856-797-9951