Shelter Bay lawsuit complaints dismissed

The American judicial system isn’t always known for its swift action.

But Skagit County Superior Court Judge Elizabeth Yost Neidzwski took less than five minutes Dec. 15 to dismiss with prejudice a complaint filed by Shelter Bay residents Wesley and Roberta Fontenot against Philip Buri, the residential community’s longtime legal counsel.

Dismissal with prejudice means a plaintiff cannot refile the same claim in that court.

Roberta Fontenot, previously an assistant federal public defender in Louisiana, did not appear in court. She had named Buri in a lawsuit along with five Shelter Bay board officers, two former board members and one staff member.

Fontenot alleged legal malpractice against Buri.

Counsel for Buri contended that he did not owe duty to a member of the Shelter Bay homeowners’ association –the Fontenots – and even if one were able to claim damage in that context it would have to be damage to the individual, not to the association as listed in the filing.

Because no opposition nor objections were filed, Judge Neidzwski dismissed the case with prejudice.

The lawsuit against board member and staff was also dismissed, without prejudice, as a followup to a hearing Dec. 2 where the Fontenots sought an injunction.

The Fontenots would need to refile the suit to gain a hearing. No other action related to the original lawsuit is pending.