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WESTPHAL v. LAKE LOTAWANA ASS'N, INC.

No. WD 60791.

95 S.W.3d 144 (2003)

H. Paul WESTPHAL, Appellant, v. LAKE LOTAWANA ASSOCIATION, INC., Respondent.

Missouri Court of Appeals, Western District.

January 28, 2003.

Attorney(s) appearing for the Case

Mark H. Epstein, Kansas City, for Appellant.

Patrick B. Starke, Blue Springs, for plaintiff.

Before BRECKENRIDGE, P.J., HOWARD and HOLLIGER, JJ.

PATRICIA BRECKENRIDGE, Judge.

Mr. Westphal appeals from the dismissal of his lawsuit against Lake Lotawana Association, Inc. The trial court dismissed Mr. Westphal's petition for failure to state a claim upon which relief can be granted because he did not plead a necessary element of his claims, specifically that actions of the Association constitute state action. Mr. Westphal raises two points on appeal. First, he argues that the trial court erred in dismissing his...

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