LONGANECKER v. DIAMONDHEAD COUNTRY CLUB

No. 1999-CA-00484-SCT.

760 So.2d 764 (2000)

Gary LONGANECKER and Coella Longanecker, Individually and Derivatively v. DIAMONDHEAD COUNTRY CLUB and Property Owners Association, Inc.; James F. Van Norman, as President; The Board of Directors of the Property Owners Association; Members of the Board of Directors of the Property Owners Association, Being Judith Stahl, Ken Kipping, Mary G. Sinders, Brierley Acker, Paul Guichet, E. George Cassis, Charles Butler, Alywynn J. Cronvich, Peter J. Casano and Jim Hourin.

Supreme Court of Mississippi.

June 15, 2000.


Attorney(s) appearing for the Case

Derek Arthur Wyatt, Gulfport, Attorney for Appellants.

Joseph R. Meadows, Karen J. Young, Gulfport, Attorneys for Appellees.

BEFORE BANKS, P.J., WALLER AND DIAZ, JJ.


WALLER, Justice, for the Court:

¶ 1. Gary and Coella Longanecker brought suit in the Hancock County Chancery Court both individually and derivatively against the Diamondhead Country Club and Property Owners Association, Inc., its officers and directors (collectively the "Association"), claiming that the Association had violated Miss.Code Ann. § 79-11-177 (1996), by unequally assessing security fees to resident and non-resident property owners. The Longaneckers...

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