Fifth District Judge Robert Lane said Monday he'll decide later this week on whether to dismiss a lawsuit filed by the Comstock Park Homeowners Association board against a group of board opponents.

Tom Harper, attorney for defendants Leon and Dolores Goss, Carlo Verdi, David Connors and Carol Curtis, asked that the homeowners association board's suit be dismissed because state law requires approval of the majority of the homeowners association to pay legal fees for a lawsuit.

"You can't bring an attorney into the picture and file a lawsuit that is to the benefit of board members without asking the association," Harper said.

Harper also hammered away at his argument the homeowners board wasn't demonstrating irreparable harm was caused by the defendants as they let the case sit for five months.

Homeowners board attorney Evan Wishengrad replied he was trying to locate Curtis, a defendant who showed up in court Monday. Curtis said she had been living in Florida, where she had been caring for her ailing mother, and had a legal change of address.

While Harper said there was no claim of violations of homeowners association policies and procedures stated in the lawsuit, Wishengrad drew attention to a rule against door-to-door soliciting that was being practiced by the opponents.

"They're going door to door, soliciting money and accusing the board of embezzling money and drug-dealing," Wishengrad said.

Defendants standing outside the courtroom after the brief hearing said they weren't going door to door soliciting donations, only seeking votes for the homeowners association board election.

Wishengrad said the opponents' actions, including numerous intervention affidavits filed with the ombudsmen for the state Real Estate Division office, have defamed the board members and hurt their livelihoods. Paul Enck recently stepped down as homeowners association president, he said.

"They can't even conduct board business at meetings because they're constantly interrupted," Wishengrad said.

Harper countered: "He wants to make my clients out as committing heinous acts, but the actions speak for themselves."

"I've never seen one pleading that says those rules and regulations were violation," Harper said. "This is manifestly unfair to have my clients paying for this litigation."

His request, Harper said, was simply to dismiss the case without prejudice, which doesn't bar the homeowners board from suing again.

"Let them go back to the association and get the approval which they're not going to be able to get, your honor," Harper told Lane.