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MARTIN'S LANDING FOUNDATION v. LANDING LAKE ASSOC.

No. 82-8185.

707 F.2d 1329 (1983)

MARTIN'S LANDING FOUNDATION, INC., et al., Plaintiffs-Appellees, v. LANDING LAKE ASSOCIATES, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 24, 1983.

Attorney(s) appearing for the Case

Gershon, Ruden, Pindar & Olim, Jay E. Loeb, Atlanta, Ga., for defendants-appellants.

Hyatt & Rhoads, Philip S. Downer, George E. Nowack, Jr., Atlanta, Ga., for plaintiffs-appellees.

Before GODBOLD, Chief Judge, and RONEY, Circuit Judge, and PITTMAN, District Judge.

RONEY, Circuit Judge:

Martin's Landing Foundation, Inc. is a Georgia non-profit corporation comprised of all fee owners of properties in a planned residential community, formed to own, maintain, and administer common properties, the greenbelts, open spaces, walkways and recreational facilities in the development. The Foundation has authority to assess an annual charge against each property to defray its expenses. This case involves the validity of a ceiling placed...

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