Evitt v. Lake Holiday Country Club

By JUDGE ROBERT K. WOLTZ

This is a declaratory judgment suit brought by certain members of a nonstock corporation against the corporation to determine the right of the corporation and its wholly owned subsidiary to vote in elections for the corporation’s board of directors. The defendant corporation filed a motion to dismiss on the ground that there is no jurisdiction for the exercise of declaratory judgment procedures. The plaintiffs filed a motion for summary judgment asserting that there are no disputed facts and the case can be determined as a matter of law. Rule 2:21. The motion to…