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LURIA v. BOARD OF DIRECTORS OF WESTBRIAR

Record No. 080515.

672 S.E.2d 837 (2009)

Jon LURIA, et al. v. BOARD OF DIRECTORS OF WESTBRIAR CONDOMINIUM UNIT OWNERS ASSOCIATION.

Supreme Court of Virginia.

February 27, 2009.

Attorney(s) appearing for the Case

Michael S. Dingman (Robert M. Diamond; Richard D. Kelley; Reed Smith LLP, on brief), Falls Church, for appellants.

Robert H.J. Loftus (McCandlish & Lillard, on brief), Fairfax, for appellee.

Present: KEENAN, KOONTZ, KINSER, LEMONS, GOODWYN, and MILLETTE, JJ., and CARRICO, S.J.

OPINION BY Justice LEROY F. MILLETTE, JR.

In this appeal, we consider whether the circuit court erred in finding that a managing member of a limited liability company owed a fiduciary duty to a creditor. We focus our inquiry on whether The Westbriar Condominium Unit Owners Association (the Association), as a potential statutory warranty claimant, qualified as a creditor to whom such a fiduciary duty may be owed.

BACKGROUND

Jon Luria (Luria...

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