Alberto San, Inc. v. Consejo de Titulares del Condominio San Alberto, 1st Cir. Mar. 28, 2008
07-1605 Alberto San, Inc. v. Consejo de Titulares del Condominio San Alberto
Before Torruella, Circuit Judge, Selya, Senior Circuit Judge, and Lynch, Circuit Judge.
LYNCH, Circuit Judge. This is an appeal from the district court’s dismissal of plaintiff’s complaint for lack of subject matter jurisdiction.
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The complaint was brought by Alberto San, Inc., an owner of a substantial interest in an office condominium, against the board and other owners of the condominium. The complaint alleged that a Puerto Rico statute, which decreased plaintiff’s original voting power in the condominium association, violated plaintiff’s due process rights under the Fifth and Fourteenth Amendments to the United States Constitution. … We thus remand with instructions to revise the judgment to dismiss the federal claim with prejudice, to dismiss without prejudice the Puerto Rico law claim for unjust enrichment, and to deny the defendants’ motion for award of attorneys’ fees. Costs are awarded to the defendants. So ordered. Alberto San, Inc. v. Consejo de Titulares del Condominio San Alberto.
