Horace Homeowners Ponder Next Move After Lawsuit Dismissed

Judge Constance Cleveland dismissed the lawsuit against the city of Horace on a technicality, saying the plaintiffs had missed a filing window.

FARGO, N.D. (KVRR) – Back in April, 15 Horace homeowners banded together with the O’Keeffe, O’Brien, and Lyson law firm to fight what they said were unreasonable special assessments.

That number had dwindled to 12 by the time the lawsuit made it to a judge, and the plaintiffs say that the deluge of assessments has continued to force people out of the city.

“It’s just really disheartening, because right now I can afford it, but if more specials or a big increase comes in the future, it’s going to put it out of my budget again,” said homeowner Brenna Lachowitzer.

On September 3, the suit was dismissed by the judge, who said that the homeowners had missed a 30-day filing window.

Lead attorney Brandon Erickson called a news conference on September 4 to address the dismissal, saying that he and those he represents will not stop fighting what they believe is a grave injustice.

“We can’t just bury our heads in the sand, and say ‘Well, we’ll just take it, because that’s the way we’ve done it for 100 years,'” he said.

They say that the special assessment meetings the city held on August 27 and 28 were a great show of force, but that there’s still a good deal of work to be done to ease the burden on these residents.

Erickson says they could appeal the dismissal to the North Dakota Supreme Court, or proceed with a new lawsuit with homeowners impacted by specials brought forth in the month of August.

They’re also considering working on new legislation at the state legislature in 2027.