Pinal County Superior Court Judge Robert Olson has ruled to allow a claim against Orbitel Communications to continue, despite the defendant's plea for a dismissal.
The ruling came during a Dec. 17 court hearing, during which the judge ruled to unseal information and dismiss only one of the four claims brought against the cable provider by the Rancho El Dorado homeowners' association.
The four claims brought forth by the association include declaratory relief, unjust enrichment, constructive fraud and a Racketeer Influenced and Corrupt Organizations claim.
The RICO claim was the one dismissed by the judge; however, the plaintiff was given the opportunity to restructure and bring back the fourth item within the next 90 days or see that portion of the suit permanently dismissed.
The suit is set for a status review March 12 at 1:30 p.m. in the Pinal County Superior Court, and at that time a course of action on the suit will be determined.
The cable provider entered into a 30-year agreement with the first master-planned community, Rancho El Dorado, in which the company agreed to provide cable service to every lot in exchange for a monthly assessment of $12 per lot, which would be included in the monthly HOA dues and passed along to the cable company.