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ALEX LEARYThe civic association and the family come to an agreement in the case concerning raising foster children in a deed-restricted community.
PORT RICHEY - A settlement has been reached in the federal lawsuit filed against Forest Lake Estates Civic Association after it took issue with a family raising foster children in the deed-restricted community.
Terms of the agreement, reached during a court-ordered mediation session Friday, were not disclosed by the civic association nor the foster parents, Steven and Corinna Gourlay.
"All I can say is that the case has been resolved and eventually the case will be dismissed," Gourlay attorney Matt Moore said Wednesday. "I think they are glad it's over."
Corinna Gourlay, 35, told the Times: "I wish they would have acknowledged that they did something wrong. We were hoping that other foster parents wouldn't have to go through this."
The Gourlays, who had five foster children at the time in addition to four biological children, ran into trouble last September when the civic association said they violated the deed restriction by failing to limit their home to a single family.
The couple did not respond and the association filed suit in state court.
Meanwhile, the Gourlays mounted their own suit, backed by the American Civil Liberties Union. The suit charged that the civic association's action violated fair housing laws and sought punitive damages, plus legal fees.
Both sides met setbacks.
The civic association dropped its case after it became clear the law favored the Gourlays. Courts have said that foster children qualify as family members, and the Gourlays produced documentation showing they are licensed foster parents.
And last month, much of the Gourlays' suit was brushed aside by a U.S. District judge, who reasoned that discriminatory housing practice must involve the sale or rental of a dwelling. The Gourlay case involved an interpretation of deed restrictions.
But Judge James S. Moody Jr. said he was unsure whether the First Amendment protected the civic association's right to file a lawsuit, no matter how frivolous or discriminatory. Before the case went to trial, the sides were ordered to start mediation Friday. One of the conditions of the settlement stemming from that meeting was that no details would be released. "I cannot discuss this case," said Donald Peyton, the attorney who represented Forest Lake Estates Civic Association.
The Gourlays continue to live in Forest Lakes - at least for now. "We're still looking to move," Corinna Gourlay said. "We wished this never happened."
- Alex Leary can be reached in west Pasco at 869-6247 or toll-free at 1-800-333-7505, ext. 6247. His e-mail address is leary@sptimes.com