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FLEET v. WEBBER SPRINGS OWNERS ASS'N, INC.

No. 14-0637.

772 S.E.2d 369 (2015)

James R. FLEET, Jamila J. Fleet, and James Lampley, Defendants Below, Petitioners v. WEBBER SPRINGS OWNERS ASSOCIATION, INC., Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided April 23, 2015.

Dissenting Opinion of Justice Benjamin May 26, 2015.

Attorney(s) appearing for the Case

Stephen G. Skinner, Anthony J. Delligatti, Skinner Law Firm, Charles Town, WV, for Petitioners.

Christopher J. Regan, Jason E. Causey, Bordas & Bordas, PLLC, Wheeling, WV, Anthony J. Majestro, Powell & Majestro, PLLC, Charleston, WV, Attorneys for Amicus Curiae, West Virginia Association for Justice.

Susan R. Snowden, Jason S. Murphy, Martin & Seibert, L.C., Martinsburg, WV, Tammy Mitchell McWilliams, Trump & Trump, L.C., Martinsburg, WV, for Respondent.

This case involves a dispute between a homeowners association that is a West Virginia Limited Expense Planned Community under W. Va.Code § 36B-1-203 (1994) (Repl. Vol. 2011) and certain homeowners who have failed to pay their association assessments. The parties disagree over the ability of a West Virginia Limited Expense Planned...

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