PAUL B. SCHODOWSKI, D.P.M. ET AL. v. TELLICO VILLAGE PROPERTY OWNERS ASSOCIATION, INC. ET AL. - Articles

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Posted by: Chandra Williams on Apr 22, 2016

Court: TN Court of Appeals

Attorneys 1:

Sharon Ann Ziegler, Kingsport, Tennessee, for the appellants, Paul B. Schodowski, D.P.M., and Sharon Ann Ziegler.

Attorneys 2:

Kevin C. Stevens and Briton S. Collins, Knoxville, Tennessee, for the appellees, Tellico Village Property Owners Association, Inc.; Alan Hart; Ginny Ranck; Tom Lee; Claire Frazer; Joe Marlette; Cap Purvis; and Bob Coates.

Judge(s): FRIERSON

This case originated with the filing of a declaratory judgment action by the plaintiffs, Paul B. Schodowski, D.P.M., and Sharon Ann Ziegler (“Plaintiffs”), against the Tellico Village Property Owners? Association and its individual board members, Alan Hart, Ginny Ranck, Tom Lee, Claire Frazer, Joe Marlette, Cap Purvis, and Bob Coates (collectively, “TVPOA”). Plaintiffs alleged that the restrictive covenant regarding payment of annual assessments applicable to their lot in the Tellico Village development should not be enforced. TVPOA filed a motion to dismiss, asserting, inter alia, that Plaintiffs failed to state a claim upon which relief could be granted. The trial court granted the motion to dismiss pursuant to Tennessee Rule of Civil Procedure 12.02(6), determining that the restrictions were enforceable as written and that Plaintiffs had notice of the restrictions when they purchased their lot. Plaintiffs have appealed. Discerning no reversible error, we affirm the trial court?s dismissal of Plaintiffs? complaint.

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