Kansas City/Wichita Partner Alan L. Rupe and Kansas City Associate Delaney McCoy recently achieved a victory on behalf of their client, a homeowners’ association that was sued after denying a solar panel application. The plaintiff homeowners challenged the association’s decision in court, and after extensive—and costly—litigation, the court ultimately determined that the dispute was not yet ripe for judicial review.
With that threshold issue resolved, the parties were able to work collaboratively to address the solar panel matter itself. But one significant question remained: whether the association was entitled to recover its legal fees under the declaration, despite the American Rule, which generally requires each party to bear its own costs. The client felt understandably taken advantage of because this issue could—and should—have been resolved without litigation. Considerable time and resources were diverted from the community for the advantage of a single household, so the Lewis Brisbois team continued to advocate for the association’s contractual right to recover fees. After oral argument, the Court agreed, enforcing the fee‑shifting provisions in the governing documents and ruling in favor of the homeowners’ association.
This is an excellent outcome for the client and a strong reminder of the importance of well‑drafted, consistently applied contractual language. As civil defense attorneys, recovering attorney’s fees is rare—particularly in cases that are not frivolous on their face.
Mr. Rupe is consistently recognized for excellence by local, state, national, and international rankings and organizations, including Chambers USA (Band 1, Kansas Labor & Employment) and Best Lawyers. He is an “Advocate” member of the American Board of Trial Advocates (ABOTA), an invitation-only role granted to trial attorneys who are of “high personal character and honorable reputation” with considerable jury trial experience. He has also been named “Board Certified Trial Specialist” by the National Board of Trial Advocacy.
Ms. McCoy is an associate in the Kansas City office of Lewis Brisbois and a member of the Labor & Employment Practice. She has experience in personal injury, premises liability, insurance defense, and workers' compensation in various aspects of litigation.