Polo Golf and Country Homeowners Association, Inc. v. Cunard

Summary

The court held that the homeowners association had standing to seek prospective relief and that sovereign immunity did not bar its claims against county officials sued individually for allegedly unconstitutional official acts. It affirmed judgment on the pleadings rejecting the association’s federal and state contract-impairment and retroactivity challenges because the ordinance did not prevent use of contractual remedies and no vested right had been shown. It reversed the portion of the judgment based on sovereign immunity and remanded unresolved claims for the trial court to address.