Long Canyon Phase II and III Homeowners Assoc. v. Cashion, 03-15-00498-CV (TexApp Dist 03/03/2017)

Appellant, a homeowners association, alleged in a letter to owners Chris and Lisa Cashion that the Cashions damaged a drainage easement. The letter, part of a long-standing dispute, threatened fines and a lawsuit. The Cashions responded by suing for harassment, negligence, and severe emotional distress, as well as injunctive and declaratory relief. Appellant moved to dismiss under the Texas Citizens Participatory Act. The trial court denied the motion, and an interlocutory appeal followed. Appellant argued the Cashions' claims infringe on appellant's right to petition because the claims are based on a letter notifying them of an intent to sue, and infringe on appellant's right of association because the latter was in defense of the HOA's common interests in preserving the property. Appellant also argued the Cashions' claims are based entirely on its letter, giving rise to the TCPA violation. The court found the Cashions presented a broader base of evidence presenting a pattern of harassment. Specifically, it found that Cashions claimed appellant monitored them and their guests and that the Cashions had prevailed in an earlier suit for the return of a $10,000 construction deposit. The court then found that the letter was not, as appellant claimed, a communication "pertaining to" a judicial proceeding, because the letter pre-dated any proceeding. However, the court also found that the letter qualified for TCPA protection as an expression of the right to petition, and that after appellant met this initial burden the Cashions failed to establish a prima facia case for their claims. The court found that the Cashions did not set out elements of their claims or apply the law to the facts, and also did not provide evidence of symptoms rising to the level of emotional distress such as crying spells, nausea, difficulty sleeping, etc. The court reversed the trial court's judgment and rendered judgment dismissing the Cashions' claims on all but the declaratory relief claim, and affirmed and remanded for further proceedings. Long Canyon Phase II and III Homeowners Assoc. v. Cashion, Austin Court of Appeals, Case No. 03-15-00498-CV, 3/3/17.