Appellants Say Defendants' Exhibits Show Exact Amounts Owed; Plaintiffs Seek Further Relief

In rebuttal, Matthew Davis told the panel the amounts plaintiffs seek were presented in the trial record through defendants' exhibits and witness testimony. "The amount we sought was to the penny," Davis said, arguing that spreadsheets and trial evidence establish the sums at issue and that sending each class member to county court would be inefficient.

The panel pressed whether plaintiffs had waived monetary relief by failing to put damages evidence before the trial court; Davis responded that the Consumer Protection Act claim was dismissed on summary judgment before trial and that the additional-relief request relied on record evidence, including exhibits showing amounts paid and collected. The discussion turned on whether further relief should be resolved on an evidentiary record here or piecemeal in county collection actions.

Why it matters: The court's decision will determine whether class members can obtain monetary relief centrally or must pursue individual suits to recover amounts defendants allegedly collected under invalid amendments.

The court heard further argument on homeowners-association and municipal-code issues and then submitted the case.