Debernardo v. Pinewood Lake Assoc., No. Cv93 030 78 41 S (Sep. 27, 1996)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT The defendant files this motion for summary judgment in an action by the plaintiffs to restore them to membership in said association. Plaintiffs allege in their pleadings, inter alia, that the by-laws under which the association acted were unenforceable because they were discriminatory as applied to them and thus unenforceable under the state non stock corporation law.

The particular by-laws involved provided that owners of non-conforming real estate…