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EWER v. LAKE ARROWHEAD ASS'N, INC.

No. 2011AP113.

817 N.W.2d 465 (2012)

2012 WI App 64

Gilbert EWER, Linda Ewer, Wayne Guenther, and Mae Guenther, Plaintiffs-Appellants, v. LAKE ARROWHEAD ASSOCIATION, INC., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 24, 2012.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Michael L. Bertling of McLario, Helm & Bertling, S.C., Menomonee Falls.

On behalf of the defendant-respondent, the cause was submitted on the brief of Stephanie L. Dykeman of Litchfield Cavo, LLP, Brookfield.

Before VERGERONT, SHERMAN and BLANCHARD, JJ.

VERGERONT, J.

¶ 1 Four members of Lake Arrowhead Association, Inc., bring this action for a declaratory judgment construing a provision of the Association's bylaws relating to the annual assessments charged to members who, like them, own consolidated sites. The primary issue on appeal is whether these members may bring this claim directly, in their own right, or whether, as the circuit court concluded, the right to bring this claim belongs to the Association...

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