SCHAEFER v. EASTMAN COMMUNITY ASSOC.

No. 2002-689.

150 N.H. 187 (2003)

PHILLIP SCHAEFER & a. v. EASTMAN COMMUNITY ASSOCIATION.

Supreme Court of New Hampshire.

Opinion Issued: October 27, 2003.


Attorney(s) appearing for the Case

McLane, Graf, Raulerson & Middleton, P.A., of Manchester (Thomas J. Donovan and Jeremy T. Walker on the brief, and Mr. Donovan orally), for the plaintiffs.

Devine, Millimet & Branch, P.A., of Manchester (Alexander J. Walker, Jr. and Daniel E. Will on the brief, and Mr. Walker orally), for the defendant.


DUGGAN, J.

This case involves a dispute between the plaintiffs, certain homeowners in the planned, private community of Eastman, and the defendant, Eastman Community Association (ECA or association), a non-profit corporation that governs Eastman. ECA appeals a decision by the Superior Court (Mangones, J.) finding that ECA did not have authority under its Declaration of Covenants and Restrictions (declaration) to close Snow Hill ski area. We reverse.

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