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BERGMAN v. SPRUCE PEAK REALTY, LLC

Case No. 2:11-cv-128.

847 F.Supp.2d 653 (2012)

Michelle BERGMAN, Jeffrey D. Bergman, David Friend, Steps Away: At Stowe Mountain LLC, Patrick Sullivan, Shelagh Sullivan, Karen Hesse Flatow, Tall Pines LLC, and George Wilson, individually and on behalf of a class of similarly situated persons, Plaintiffs, v. SPRUCE PEAK REALTY, LLC and Stowe Mountain Lodge, LLC, Defendants.

United States District Court, D. Vermont.

March 20, 2012.

Attorney(s) appearing for the Case

Russell D. Barr, Esq. , Jennifer J. Lajoie , Daniel A. Seff , Barr & Associates, P.C., Stowe, VT, for Plaintiffs.

Jeffrey J. Amato, Esq. , Bianca M. Forde, Esq. , Adam J. Kaiser, Esq. , Dewey & Leboeuf, LLP, New York, NY, Matthew S. Borick , Marc B. Heath , Downs Rachlin Martin PLLC, Burlington, VT, for Defendants.

MEMORANDUM OPINION and ORDER

WILLIAM K. SESSIONS III, District Judge.

Plaintiffs, owners of interests in residential units in the Stowe Mountain Lodge Condominium ("Condominium"), brought two class action suits against the developers of the Condominium,1 alleging that Defendants have illegally and fraudulently allocated expenses and voting rights in order to favor their commercial units; have illegally charged back to the residential...

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