Wednesday, July 20, 2011 | 11:56 a.m.
A federal appellate court today upheld a portion of an injunction against a Nevada company that inspected homes in Henderson's Sun City Anthem retirement community, but also vacated a portion of the injunction it said was too vague.
The 9th U.S. Circuit Court of Appeals upheld U.S. District Judge Robert Jones in his finding that M.C. Mojave Construction didn't have the proper state licenses to perform construction defect inspections that homeowners could use to collect monetary damages from developer Del Webb Communities.
The circuit court also upheld a portion of the injunction that prohibits the construction company, which is operated by Charles Partington, from claiming that it is affiliated with Del Webb or its parent company, PulteGroup.
But appellate judges vacated a portion of the injunction that prevented M.C. Mojave from soliciting or performing residential inspections "by means of illegal, unlicensed and false practices," arguing that such language is too vague to be enforceable.
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