Tidewater Loft Condominium Association v. Judith L. Moskal-Kanz

Summary

The Maine Supreme Judicial Court vacated a judgment ordering foreclosure and sale of a condominium unit and ruling against the owner on her counterclaim under the Fair Housing Act and Americans with Disabilities Act. The court held that the trial court violated the owner's procedural due process rights by preventing her from presenting evidence on her counterclaim before entering judgment against her. The case was remanded for further proceedings, including an opportunity for the owner to present evidence on the counterclaim.

Holdings

1. The trial court violated Moskal-Kanz's procedural due process rights by failing to permit her to introduce evidence or present witnesses in support of her live counterclaim before entering judgment against her.
2. The judgment of foreclosure and sale also had to be vacated because the court could not determine with certainty that the foreclosure claim was factually and legally independent from the counterclaim.

Questions Presented

1. Whether the District Court violated Moskal-Kanz's procedural due process rights by preventing her from presenting evidence and witnesses in support of her live counterclaim and then entering judgment against her on that counterclaim.
2. Whether the foreclosure judgment also had to be vacated because the record did not establish that the foreclosure claim was factually and legally independent from the unresolved counterclaim.

Disposition

vacated