Galloway Johnson Tompkins Burr & Smith secured a decisive summary judgment victory in Alabama property rights litigation, with the court dismissing all claims with prejudice and affirming our client’s authority to enforce its governing documents. Mobile, AL attorneys Matthew Williams and Susan Bruhnke led the Firm’s efforts in this matter, providing pragmatic and proactive representation to deliver a favorable result.
Alabama Private Community Association Litigation
The Plaintiffs in this case live in a subdivision in northern Alabama which has a 40+ acre lake in the middle. Unlike many neighborhoods, the developers subdivided the lake into a separate lot owned by the lake owners association. The border of the lot encompassing the lake extends about 7 feet beyond the lake’s water line in all directions, meaning that adjacent lots do not contain property boundaries extending into the lake itself.
The case centered on alleged appurtenant property rights and membership privileges within the private community association. After robust briefing and persuasive argument, the court declared the plaintiffs held no appurtenant or other property interest and confirmed that any prior access arose solely from personal, non‑appurtenant membership privileges; it therefore dismissed the claims—including requests for declaratory and injunctive relief—with prejudice.
The court further found the association complied with its Articles, Bylaws, and duly adopted rules, validating the Board’s authority to first suspend and then decline to extend membership under those governing documents, and confirming no hearing requirement applied to that discipline.
Galloway Representation in Alabama
This outcome reflects Williams and Bruhnke’s strategic command of Alabama HOA and real property litigation, leveraging governing‑document analysis, targeted discovery, and dispositive motion practice to achieve favorable results. Backed by Galloway’s reputation in insurance defense and HOA defense, our team is equipped to guide associations and property owners through complex disputes across Alabama and the Gulf Coast.
Matthew Williams is Managing Director of Galloway’s Gulfport office while also serving clients from the Mobile office. Clients value his skills at negotiating and litigating complex cases, his tenacity, and well-reasoned approaches to defense. Williams collaborates and engages with his clients in all phases of a claim, from early case assessment through resolution.
Susan Bruhnke represents clients in both Mississippi and Alabama, and she is driven to exceed her clients’ lofty expectations with efficient solutions to accomplish their business goals. She holds herself to the highest level of integrity, respect, and legal excellence.
