Cooper Communities, Inc. v. Sarver

George Rose Smith, Justice.

This case has not yet been tried. The chancellor, after a hearing, granted the plaintiffs motion to allow the case to proceed as a class action under ARCP Rule 23, with Jerry Sarver representing the class. This appeal by Cooper Communities from that interlocutory order comes to us under Rule 29(l)(c) and (k). We affirm.

The appellant Communities, a corporation, was the developer of Hot Springs Village, which has grown to be a substantial community on Highway 7. The principal entrance to the Village originally consisted of a gatehouse at the highway. Before 1982,…