Parents achieve reversal of summary disposition where they sued to allow construction of sun room for disabled children

In Hollis v. Chestnut Bend Homeowners Association, the parents of two disabled kids sued their homeowner association after it denied them the right to add a sunroom to their home.  They argued that the sun room was appropriate for their children's special needs and that the Association's architecural committee had arbitrarilty denied them permission to modify their home.

The trial judge summarily dismissed the parents' claims and they appealed to the Sixth Circuit Court of Appeals.  The latter court held that it was error for the trial judge to summarily dismiss the parents' claim. While the ultimate burden of proving the reasonableness and necessity of the requested alteration rests with the parents, in this instance the Defendant did not meet its burden of showing that no proof could possibly support the Plaintiffs' claim--and therefore summary disposition was improper.