Prophet v. Builders, Inc.

The opinion of the court was delivered by

Schroeder, J.:

This action was instituted as a class action by the plaintiff seeking a mandatory injunction against the defendant to restore and maintain four “Senior Citizen Communities” as they existed when the plaintiff was induced to occupy her apartment five years prior to instituting the action, or in the alternative for a permanent injunction enjoining the defendant from further changing the character of such “Senior Citizen Communities.” The trial court sustained a motion to dismiss the action on the ground that it failed to state a claim upon…