GARY HAISER, ET AL. v. MICHAEL HAINES, ET AL. - Articles

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Posted by: Tanja Trezise on Dec 12, 2014

Court: TN Court of Appeals

Attorneys 1:

Melanie E. Davis, Maryville, Tennessee, for the appellants, Gary Haiser, Joel Matchak, John Moore, Gerald Nugent, and Renegade Mountain Community Club, Inc.

Attorneys 2:

Gregory C. Logue and Lindy D. Harris, Knoxville, Tennessee, for the appellees, Michael McClung, Phillip Guettler, and Moy Toy, LLC.

Judge(s): SWINEY

This appeal arises from an internal conflict in a planned community. A group of property owners (“Plaintiffs”) sued another group of property owners (“Defendants”) 1 in the Chancery Court for Cumberland County (“the Trial Court”). Both groups contested which was the legitimate Board of Directors for the community association. Plaintiffs sought, among other things, declaratory relief as to the rights and responsibilities of the parties. Plaintiffs filed a motion for class action certification. The Trial Court, finding that Plaintiffs had failed to establish the requirements of typicality and adequacy of representation, denied Plaintiffs’ request for class certification. Plaintiffs appeal the denial of class certification. Finding no abuse of discretion, we affirm the Trial Court.

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