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United States: Winfield builder sued over condo project.


Byline: sanjayV03

The Winfield condominium condominium

In modern property law, individual ownership of one dwelling unit within a multidwelling building. Unit owners have undivided ownership interest in the land and those portions of the building shared in common.
 builder, Ken Thieneman, said the federal lawsuit filed this week in Hammond against his in-progress Wyndance condominium project is "absurd" and "frivolous Of minimal importance; legally worthless.

A frivolous suit is one without any legal merit. In some cases, such an action might be brought in bad faith for the purpose of harrassing the defendant.
."

The lawsuit accuses Thieneman of basing the homes on copyrighted "Canterbury" architectural designs This article or section may contain original research or unverified claims.

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 owned by Epcon Communities Franchising of Dublin, Ohio Dublin is a city in Delaware, Franklin, and Union counties in the U.S. state of Ohio. The population was 31,392 at the 2000 census. In 2006, the population was estimated to be 36,565[1], and Dublin continues to be one of the fastest-growing suburbs of Columbus. . Epcon franchises the home designs for a fee, and the company never licensed the Wyndance project.

Thieneman said he hadn't heard of Epcon before Thursday. Thieneman said he and his wife designed the homes based on layouts they have seen in Florida. The Thienemans struggled to get town approval for the project, and they encountered a gauntlet gauntlet /gaunt·let/ (gawnt´let) a bandage covering the hand and fingers like a glove.  of problems while building the project.

"Now, if I had the drawings, why in the hell would I pull my hair out with three truss truss, in architecture and engineering, a supporting structure or framework composed of beams, girders, or rods commonly of steel or wood lying in a single plane.  manufacturers" Thieneman said. "If I had a set of drawings, why would I go to all that trouble It's ludicrous."

The suit asks a federal judge to find that Thieneman's "substantially similar" homes infringed on Epcon's copyright. Epcon seeks an injunction forcing Thieneman to stop building and marketing homes allegedly based on Epcon's designs. The suit also asks the judge to force Wyndance contractors to return any Epcon drawings or designs. Epcon asks the judge to reroute all profits from the "infringing activities" to Epcon.

Thieneman could not be reached for comment Thursday. Thieneman has served on several town boards, and he was once the town council president.

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Publication:TendersInfo
Date:Jul 4, 2009
Words:251
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