Alpine Property Owners Ass'n v. Mountaintop Development Co.

McGRAW, Chief Justice:

This case is before this Court on an appeal from a summary judgment granted against the appellant, Alpine Property Owner’s Association, Inc. (ALPOA), by the Circuit Court of Preston County on May 6, 1986. For the reasons detailed below, the circuit court’s summary judgment order is affirmed in part, reversed in part, and this case is remanded for further proceedings consistent with this opinion.

I

Mountaintop Development Company, Inc. (Mountaintop) was incorporated on November 12, 1969 1 and subsequently undertook the development and operation of what is now known as the…