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FIX v. SOUTH WILDERNESS RANCH (HOA)

No. S-11-0260.

280 P.3d 527 (2012)

2012 WY 96

William R. FIX, Appellant (Defendant/Counter-Plaintiff and Third Party Plaintiff), v. SOUTH WILDERNESS RANCH HOMEOWNERS ASSOCIATION, a Wyoming unincorporated non-profit association, Appellee (Plaintiff/Counter-Defendant), and Frank Forelle, Appellee (Third Party Defendant/Counter-Defendant).

Supreme Court of Wyoming.

July 12, 2012.

Attorney(s) appearing for the Case

Representing Appellant: William R. Fix , William R. Fix, P.C., Jackson, Wyoming.

Representing Appellee South Wilderness Ranch Homeowners Association: Mathew E. Turner of Mullikin, Larson & Swift LLC, Jackson, Wyoming.

Representing Appellee Frank Forelle : No appearance.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

KITE, Chief Justice.

[¶ 1] The South Wilderness Ranch Homeowners Association (HOA) filed an action against William R. Fix to recover $2,500 in assessments he allegedly owed as a lot owner in the South Wilderness Ranches Subdivision. The HOA also sought interest and attorney fees. Mr. Fix denied that he owed the assessments and filed a counterclaim seeking a judicial determination that the covenants pursuant to which the assessments were to be paid were null and...

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