Westphal v. Lake Lotawana Ass'n, Inc.

PATRICIA BRECKENRIDGE, Judge.

Mr. Westphal appeals from the dismissal of his lawsuit against Lake Lotawana Association, Inc. The trial court dismissed Mr. Westphal’s petition for failure to state a claim upon which relief can be granted because he did not plead a necessary element of his claims, specifically that actions of the Association constitute state action. Mr. Westphal raises two points on appeal. First, he argues that the trial court erred in dismissing his declaratory judgment claim in Count I because he pled all of the necessary elements and no state action by the Association was…