WHALEN v. PLEASANT HILL WATER ASS'N, INC.

No. 2003-CA-00338-COA.

891 So.2d 250 (2004)

David C. WHALEN, et al., Appellants v. PLEASANT HILL WATER ASSOCIATION, INC., A Mississippi Non-Profit Corporation, City of Olive Branch, Mississippi, A Mississippi Municipal Corporation and City of Southaven, Mississippi, A Mississippi Municipal Corporation, Appellees.

Court of Appeals of Mississippi.

Rehearing Denied October 19, 2004.

Certiorari Denied January 20, 2005.


Attorney(s) appearing for the Case

Christian T. Goeldner, Southaven, attorney for appellants.

Melissa Caroline Walker, William P. Myers, Hernando, Gary P. Snyder, Olive Branch, Ronald Louis Taylor, Southaven, attorneys for appellees.

Before KING, C.J., BRIDGES P.J., and CHANDLER, J.


KING, C.J., for the Court.

¶ 1. David C. Whalen brought suit in the DeSoto County Chancery Court against Pleasant Hill Water Association, Inc. (PHWA), a non-profit corporation, the City of Olive Branch, Mississippi, and the City of Southaven, Mississippi. Whalen claimed that the agreement to dissolve PHWA and transfer its assets to the respective cities was void because members were allowed to vote by proxy. Whalen filed an amended complaint in which sixty-one...

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