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HACKBERRY CREEK CTY CLUB v. HACKBERRY CREEK

No. 05-05-00204-CV.

205 S.W.3d 46 (2006)

HACKBERRY CREEK COUNTRY CLUB, INC., Appellant, v. HACKBERRY CREEK HOME OWNERS ASSOCIATION, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled November 6, 2006.

Attorney(s) appearing for the Case

Stacy R. Obenhaus, William G. Whitehill, Gardere Wynne Sewell LLP, Dallas, for Appellant.

Joe Chumlea, Bragg Chumlea McQuality & Smithers, Dallas, for Appellee.

Before Justices MORRIS, MOSELEY, and RICHTER.

OPINION NUNC PRO TUNC

Opinion by Justice MOSELEY.

The Hackberry Creek Home Owners Association entered into a Membership Agreement with the Hackberry Creek Country Club, Inc., agreeing to pay the Club twenty percent of the amount it collects from members of the Association through "annual assessments." The Association later authorized and levied another assessment — a "special group assessment" — to pay some of the expenses previously paid through...

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