Weatherby Lake Improvement Co. v. Sherman

TURNAGE, Presiding Judge.

Weatherby Lake Improvement Company filed a declaratory judgment action seeking approval for the levy of an assessment to pay the cost of improvements to the dam and spillway by which Weatherby Lake was formed. The court declared the Company had the right to levy such an assessment and Robert Crist appeals.

Crist contends the court erred in its judgment because (1) the assessment was approved by the board of directors of the Company rather than the membership; (2) there was no power in the Company to levy an assessment; (3) the prior assessments authorized by the…