VOGEL v. MARLA BAY PROTECTIVE ASSOCIATION

Nos. 81123, 81424.

499 P.3d 1213 (2021)

Claudette D. VOGEL, Trustee of The Vogel Family Trust Under Agreement Dated October 25, 2016, Appellant, v. The MARLA BAY PROTECTIVE ASSOCIATION; 610 Lakeshore LLC, a Nevada Limited Liability Company; 650 Lakeshore LLC, a Nevada Limited Liability Company; John F. Ahern and Judith W. Ahern, Trustees of the John F. Ahern Family Trust UTD July 13, 1983; Riley M. Beckett and Jane A. Beckett, as Trustee of the Beckett Family 1994 Trust, Dated December 7, 1994; Charles D. Bloch and Carol A. Bloch, Co-Trustees of the Charles D. Bloch and Carol A. Bloch Revocable Living Trust, Dated April 14, 2000; Barbara Boucke, as Trustee, or the Successor Trustee or, Trustees, U/A/D November 15, 1990, as Amended, Creating the Barbara Boucke Separate Property Trust; Joseph T. Breeze and Constance T. Breeze, Husband and Wife as Community Property with Right of Survivorship; C. Joel Casburn and C. Lynn Casburn; Darrell F. Champion and Joy H. Champion Trust, Under Instrument Dated March 27, 2012; Michael Chilcoat and Cheryl Chilcoat, Husband and Wife as Community Property with the Right of Survivorship; Charmayne L. Zucker, Steven F. Petersen and L. Robert Legoy, Jr., as Co-Trustees of the CLC Family Trust, Dated April 15, 2008; Charles M. Corsiglia, Sole Trustee of the Nancy M. Corsiglia Living Trust; Schuyler Hamilton Earl, II, Trustee of the Schuyler H. Earl II Living Trust Dated 9/13/88; Nancy Ruth Paulson Edmundson and Edward A. White and Patricia P. White, as Trustees of the White Family Trust U/A DTD. June 2, 1999; Darin G. Fain, an Unmarried Man as His Sole and Separate Property; Dennis B. Farnesi and Ana T. Farnesi, as Co-Trustees of the Dennis B. and Ana T. Farnesi Revocable Trust Dated April 10, 1992, and Restated June 17, 2004; Scott Fink and Kathy Klein, Trustees of the Scott Fink and Kathy Klein Living Trust Dated 12-9-91; John Finley; Jeanne Finley; Joseph Finley; Jane Finley; Deeann Fulstone, Trustee of the Deeann Fulstone 2010 Trust, Dated February 18, 2010; Donna Hawksford, as Trustee of the Donna Hawksford Trust, Dated July 9, 2008; Scott H. Hilkene, Trustee of the Scott H. Hilkene Revocable Trust, Dated May 11, 1993; Sarah V. Anaya, Trustee of the Sarah V. Anaya Trust Dated December 31, 2003; F. Scott Hindes and Nancy Nelson Hindes, Trustees of the F. Scott Hindes and Nancy Nelson Hindes 2012 Residential Property Trust, Dated September 24, 2012; Paul M. Hwang and Judy Fujii-Hwang, Husband and Wife; Audrey J. Lampert as Sole Trustee of the Lampert Family Trust, Dated July 23, 2008; Joshua Dempsey Lampert; Marianne Fulstone Leinassar; Alan Scott Leinassar; Donald Samuel Lobato; Andrew Curtis Lucchesi; Marla Bay, LLC, A Nevada Limited Liability Company; John A. McQuirk and Carol A. McQuirk, as Trustees of the McQuirk Family 1999 Trust Dated May 13, 1999; Elizabeth A. Nelson, Trustee of the Nelson Revocable Trust Created October 5, 2006; Phyllis T. Pike, as Trustee Under the Roy and Phyllis Pike Family Trust Agreement Dated December 13, 2007; Larry B. Pilgrim and Toni M. Pilgrim as Co-Trustees of the LT Pilgrim Revocable Trust Dated August 4, 2015; Roland E. Rende and Palmina M. Rende, as Co-Trustees of the Rende Family Trust, U/A Dated September 9, 1983; Milton E. Righetti and Hope Righetti, Trustees of the Milton & Hope Righetti 2016 Trust, UID April 11, 2016; Nicholas D.E. Rossi, Jr. and Debra A. Rossi, as Co-Trustees of the Nicholas D.E. Rossi, Jr. Family Trust Agreement Dated April 26, 1996, as Amended and Restated; Garrett D. Schwartz and Nita S. Schwartz; Scott M. Smith and Piper L. Smith, Co-Trustees of the Scott M. and Piper L. Smith 2015 Revocable Trust Dated May 18, 2015; John Stephans and Mary Stephans, Trustees of the Stephans Living Trust Dated December 14, 2006; Cathy J. Stewart, Trustee of the Cathy J. Stewart Trust, Dated November 17, 2010; Donald R. Swickard, Trustee of the Don Swickard Family Trust Dated Aug. 15, 1987; Gloria Janis Lee, Trustee of the Jan Lee Separate Property Revocable Trust; Matthew Till; James S. Voorhees and Julie E. Voorhees, Trustees of the Voorhees Family Trust, Dated 3 December, 2009; Charles J. Voss and Martha L. Voss, Trustees of the Voss Family Trust, Dated May 5, 2016; Robert E. Whear and Twyila S. Whear as Co-Trustees of the Robert E. Whear Oregon Residence Trust Agreement Dated April 12, 1999; Todd R. Whear; Carolyn J. Whear; Marianne Whear Anthony; Scott J. Whitten and Michelle L. Whitten, as Co-Trustees of the Scott J. and Michelle L. Whitten Family Trust, Established Under the Scott J. and Michelle L. Whitten Family Trust Agreement Dated March 11, 2009; Larry L. Wilson III, Trustee of the Larry L. Wilson II Living Trust Dated December 17, 2014; Hans J. Wintsch and Heidi L. Wintsch, Trustees of the Wintsch Family 1984 Trust Executed March 15, 1984; Sally J. Wood, and James J. Wood, Trustees of the James J. Wood Trust Under Declaration of Trust Dated December 13, 2012; and Steven C. Zola and Belinda S. Zola, Trustees of the Zola Living Trust Dated December 29, 1998; Carol E. Fosse, Trustee, the Carol E. Fosse Trust Dated May 8, 1998; RPT Properties, L.P., A California Limited Partnership; John Franzia, Jr. and Mary Lynne Franzia, Trustees of the John and Mary Lynne Franzia Trust; Pamela K. McNay, Successor Trustee of the John W. McNay and Pamela K. McNay Revocable Intervivos Trust-Surviving Spouse's Trust U/T/A Dated December 18, 1998; and Barbara J. Sourikoff, Trustee of the Barbara J. Sourikoff Revocable Trust, U.T.D 29 July 2008, Respondents. Claudette D. Vogel, Trustee of the Vogel Family Trust Under Agreement Dated October 25, 2016, Appellant, v. The Marla Bay Protective Association; 610 Lakeshore LLC, A Nevada Limited Liability Company; 650 Lakeshore LLC, a Nevada Limited Liability Company; John F. Ahern and Judith W. Ahern, Trustees of the John F. Ahern Family Trust UTD July 13, 1983; Riley M. Beckett and Jane A. Beckett, as Trustees of the Beckett Family 1994 Trust, Dated December 7, 1994; Charles D. Bloch and Carol A. Bloch, Co-Trustees of the Charles D. Bloch and Carol A. Bloch Revocable Living Trust, Dated April 14, 2000; Barbara Boucke, as Trustee, or the Successor Trustee or, Trustees, U/A/D November 15, 1990, as Amended, Creating the Barbara Boucke Separate Property Trust; Joseph T. Breeze and Constance T. Breeze, Husband and Wife as Community Property with Right of Survivorship; C. Joel Casburn and C. Lynn Casburn; Darrell F. Champion and Joy H. Champion Trust, Under Instrument Dated March 27, 2012; Michael Chilcoat and Cheryl Chilcoat, Husband and Wife as Community Property with the Right of Survivorship; Charmayne L. Zucker, Steven F. Petersen and L. Robert Legoy, Jr., as Co-Trustees of the CLC Family Trust, Dated April 15, 2008; Charles M. Corsiglia, Sole Trustee of the Nancy M. Corsiglia Living Trust; Schuyler Hamilton Earl, II, Trustee of the Schuyler H. Earl II Living Trust Dated 9/13/88; Nancy Ruth Paulson Edmundson and Edward A. White and Patricia P. White, as Trustees of the White Family Trust U/A DTD. June 2, 1999; Darin G. Fain, an Unmarried Man as His Sole and Separate Property; Dennis B. Farnesi and Ana T. Farnesi, as Co-Trustees of the Dennis B. and Ana T. Farnesi Revocable Trust Dated April 10, 1992, and Restated June 17, 2004; Scott Fink and Kathy Klein, Trustees of the Scott Fink and Kathy Klein Living Trust Dated 12-9-91; John Finley; Jeanne Finley; Joseph Finley; Jane Finley; Deeann Fulstone, Trustee of the Deeann Fulstone 2010 Trust, Dated February 18, 2010; Donna Hawksford, as Trustee of the Donna Hawksford Trust, Dated July 9, 2008; Scott H. Hilkene, Trustee of the Scott H. Hilkene Revocable Trust, Dated May 11, 1993; Sarah V. Anaya, Trustee of the Sarah V. Anaya Trust Dated December 31, 2003; F. Scott Hindes and Nancy Nelson Hindes, Trustees of the F. Scott Hindes and Nancy Nelson Hindes 2012 Residential Property Trust, Dated September 24, 2012; Paul M. Hwang and Judy Fujii-Hwang, Husband and Wife; Audrey J. Lampert as Sole Trustee of the Lampert Family Trust, Dated July 23, 2008; Joshua Dempsey Lampert; Marianne Fulstone Leinassar; Alan Scott Leinassar; Donald Samuel Lobato; Andrew Curtis Lucchesi; Marla Bay, LLC, a Nevada Limited Liability Company; John A. McQuirk and Carol A. McQuirk, as Trustees of the McQuirk Family 1999 Trust Dated May 13, 1999; Elizabeth A. Nelson, Trustee of the Nelson Revocable Trust Created October 5, 2006; Phyllis T. Pike, as Trustee Under the Roy and Phyllis Pike Family Trust Agreement Dated December 13, 2007; Larry B. Pilgrim and Toni M. Pilgrim as Co-Trustees of the LT Pilgrim Revocable Trust Dated August 4, 2015; Roland E. Rende and Palmina M. Rende, as Co-Trustees of the Rende Family Trust, U/A Dated September 9, 1983; Milton E. Righetti and Hope Righetti, Trustees of the Milton & Hope Righetti 2016 Trust, UID April 11, 2016; Nicholas D.E. Rossi, Jr. and Debra A. Rossi, as Co-Trustees of the Nicholas D.E. Rossi, Jr. Family Trust Agreement Dated April 26, 1996, as Amended and Restated; Garrett D. Schwartz and Nita S. Schwartz; Scott M. Smith and Piper L. Smith, Co-Trustees of the Scott M. and Piper L. Smith 2015 Revocable Trust Dated May 18, 2015; John Stephans and Mary Stephans, Trustees of the Stephans Living Trust Dated December 14, 2006; Cathy J. Stewart, Trustee of the Cathy J. Stewart Trust, Dated November 17, 2010; Donald R. Swickard, Trustee of the Don Swickard Family Trust Dated Aug. 15, 1987; Gloria Janis Lee, Trustee of the Jan Lee Separate Property Revocable Trust; Matthew Till; James S. Voorhees and Julie E. Voorhees, Trustees of the Voorhees Family Trust, Dated 3 December, 2009; Charles J. Voss and Martha L. Voss, Trustees of the Voss Family Trust, Dated May 5, 2016; Robert E. Whear and Twyila S. Whear, as Co-Trustees of the Robert E. Whear Oregon Residence Trust Agreement Dated April 12, 1999; Todd R. Whear; Carolyn J. Whear; Marianne Whear Anthony; Scott J. Whitten and Michelle L. Whitten, as Co-Trustees of the Scott J. and Michelle L. Whitten Family Trust, Established Under the Scott J. and Michelle L. Whitten Family Trust Agreement Dated March 11, 2009; Larry L. Wilson II, Trustee of the Larry L. Wilson II Living Trust Dated December 17, 2014; Hans J. Wintsch and Heidi L. Wintsch, Trustees of the Wintsch Family 1984 Trust Executed March 15, 1984; Sally J. Wood, and James J. Wood, Trustees of the James J. Wood Trust Under Declaration of Trust Dated December 13, 2012; and Steven C. Zola and Belinda S. Zola, Trustees of the Zola Living Trust Dated December 29, 1998; Carol E. Fosse, Trustee, the Carol E. Fosse Trust Dated May 8, 1998; RPT Properties, L.P., a California Limited Partnership; John Franzia, Jr. and Mary Lynne Franzia, Trustees of the John and Mary Lynne Franzia Trust; Pamela K. McNay, Successor Trustee of the John W. McNay and Pamela K. McNay Revocable Intervivos Trust-Surviving Spouse's Trust U/T/A Dated December 18, 1998; and Barbara J. Sourikoff, Trustee of the Barbara J. Sourikoff Revocable Trust, U.T.D 29 July 2008, Respondents.

Supreme Court of Nevada.

Filed December 17, 2021.


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