SISKA REVOCABLE TRUST v. MILESTONE DEV'T

Record No. 092491.

715 S.E.2d 21 (2011)

282 Va. 169

MICHAEL E. SISKA REVOCABLE TRUST, by Michael SISKA, Trustee, Derivatively in the Right and On Behalf of Motel Investments of Christiansburg, LLC v. MILESTONE DEVELOPMENT, LLC, et al.

Supreme Court of Virginia.

September 16, 2011.


Attorney(s) appearing for the Case

John P. Fishwick, Jr. ( Devon J. Munro ; Lichtenstein , Fishwick & Johnson, on briefs), Roanoke, for appellant.

Paul G. Beers ( Andrew S. Goldstein ; Glenn, Feldman, Darby & Goodlatte; Magee , Goldstein , Lasky & Sayers, on brief), Roanoke, for appellees.

Present: KINSER, C.J., LEMONS, GOODWYN, MILLETTE, and MIMS, JJ., and KOONTZ, S.J.


Opinion by Justice DONALD W. LEMONS.

In this appeal, we consider whether a limited liability company ("LLC") must be joined as a necessary party in a derivative action brought by a member.

I. Facts and Proceedings

In 1998, Motel Investments of Christiansburg, LLC ("MIC") was formed for the purpose of building and operating a hotel in Christiansburg, Virginia. The original members of MIC were the Michael E. Siska Revocable Trust ("the Trust"), by...

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