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WHEELBARGER v. LANDING COUNCIL OF CO-OWNERS

No. 01-13-00619-CV.

471 S.W.3d 875 (2015)

Lee Ann WHEELBARGER, Terri Tiedemann, Doreen Marderness, Jerry Savoy, Howard Janson, Carl Alan Kivela, James Huseman, Bull Capital Company, James Durham, Mary Lou Durham, Patricia Koelling, and Frank Genzer, Jr., Appellants/Cross-Appellees, v. The LANDING COUNCIL OF CO-OWNERS, Appellee/Cross-Appellant, and William Henslee, Tom Jenkins, Troy Jones, David Marks, Barnard Pearl, Thomas Walsh, Stan Williams, Andrew Rosenberg, Jack Ereira, and Timothy Patak, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Opinion issued July 30, 2015.

Attorney(s) appearing for the Case

Andy Taylor, Brenham, TX, for Appellant.

Henry S. Platts, Jr., Houston, TX, for Appellee.

Panel consists of Justices Jennings, Massengale, and Lloyd.

OPINION

After Hurricane Ike caused significant damage to their homes, a group of condominium owners sued their condominium association and members of its board. The plaintiff owners argued that by failing to repair hurricane damage to the condominium complex and by demolishing it, the association acted negligently...

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