A weary Commonwealth Court has put an end to an “over-litigated case” brought by a couple who refused to remove a “Tigger”-themed mailbox that violated their homeowners’ association rules.
According to Commonwealth Court Judge Robert Simpson’s opinion, the mailbox emblazoned with the popular “Winnie the Pooh” character wasn’t sanctioned by the HOA and had to go. But homeowners Jonathan and Abbey Weber disagreed and threw in the legal kitchen sink against the association, suing for breach of contract; breach of fiduciary duty; abuse of discretion; violation of due process; intentional infliction of emotional distress; negligent infliction of emotional distress; retaliation; and, discrimination.
Simpson said the lower court’s dismissal of the case was justified. “This litigation would have benefited from more adult attention early on,” the judge said.
The litigation is effectively over, unless of course the Webers decide to take their fight to the state Supreme Court.