Heller v. Hunter's Lodge Civic Ass'n

By Judge William H. Ledbetter, Jr.

The plaintiffs are lot owners in Hunter’s Lodge Subdivision. In this suit, they seek various types of relief against the property owners’ association. The defendant Association responded with a plea in bar, a demurrer, and a motion to dismiss. The court heard arguments on April 18, 1994. This opinion letter sets forth the court’s rulings.

Plea in Bar

By final decree on September 20, 1993, this court adjudicated Goodwin v. Hunter’s Lodge Civic Association (# 92-62). An appeal of that case was rejected; therefore, the trial court’s decision is final.

The…