Weller v. Spring Creek Resort, Inc.

(on reassignment).

Richard F. Weller and Darolyn D. Weller (Weller) appeal from the circuit court decision granting Spring Creek Resort, Inc., John Brakss’ and Marlene Brakss’ (Brakss) *840motion to dismiss for failure to state a claim upon which relief could be granted. We affirm in part, reverse in part, and remand.

FACTS

Brakss have operated and managed the Spring Creek Marina on property leased from the Army Corps of Engineers since 1982. Wellers leased a marina mooring space for their house boat in the 1988 and 1989 seasons. At the end of the 1989 season, Wellers made an oral request to Brakss…