Stevens v. ELK RUN HOMEOWNERS'ASS'N, INC.

90 P.3d 1162 (2004)

2004 WY 63

Burton STEVENS, Appellant (Defendant),

v.

ELK RUN HOMEOWNERS' ASSOCIATION, INC., a Wyoming non-profit corporation, Appellee (Plaintiff).

No. 03-70.

Supreme Court of Wyoming.

June 2, 2004.

Representing Appellant: Christopher S. Leigh, Jackson, Wyoming.

Representing Appellee: Frank Hess and Paul E. D'Amours of Hess & Carlman, LLC, Jackson, Wyoming.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.

KITE, Justice.

[¶ 1] Burton Stevens placed a portable hot tub on the exterior deck of his townhouse without the express consent of the management committee of the Elk Run…