Breaker View Association, Inc. has taken legal action against several property owners and a contractor over alleged unauthorized construction activities that have significantly altered shared community land. The complaint was filed on November 19, 2025, in the United States District Court for the Northern District of Ohio by Breaker View Association, Inc., Robbin D. Garcia as Trustee for Garcia Trust II, and Thomas D. Nordquist Living Trust against Donald E. Nelson, Patricia J. Nelson, Gregory S. Wunderle, Lori A. Wunderle, Robert C. Johnson, Eileen A. Johnson, and Andrew J. Pompeii doing business as Industrial Welding & Installation, Inc.
The plaintiffs allege that the defendants undertook unauthorized construction work on common property within the Breaker View community without obtaining necessary permits or conducting required environmental studies. This work included dumping concrete fill material and armor stone onto a bank slope area to combat erosion but allegedly resulted in further destabilization of the slope and complete removal of beach access for all residents except those directly involved in the project. The plaintiffs argue that these actions violate multiple federal and state laws including the National Environmental Policy Act (NEPA), Clean Water Act (CWA), Coastal Zone Management Act (CZMA), and various Ohio state regulations.
According to the complaint, Breaker View Association had been dormant since the 1970s until it was reinstated in early 2022 to address maintenance issues of common areas within the community. Despite this reinstatement, some defendants contracted with Andrew J. Pompeii for erosion control work without authorization from or consultation with other association members or relevant regulatory bodies. The plaintiffs assert that this unilateral decision-making process disregarded community agreements and covenants meant to govern shared spaces.
The lawsuit seeks compensatory damages exceeding $75,000 for each count of breach of contract related to easement violations and agreement breaches by defendants who are accused of converting common property for personal use without proper authorization or oversight from environmental authorities. Additionally, they seek reimbursement for legal fees incurred while enforcing these agreements under Ohio Revised Code Title 5312 provisions regarding homeowners associations.
Representing Breaker View Association are attorneys Robert D. Kehoe and Kevin P. Shannon from Kehoe & Associates LLC based in Cleveland, Ohio; no specific judge is listed yet nor case ID assigned beyond its initial filing number “1:25-cv-02527.”
Source: 125cv02527_Breaker_View_Association_v_Garcia_Complaint_Northern_District_Ohio.pdf
