On Relation Of Robert J. Shafer And Kyriaki Shafer V. Board Of Trustees Of Sandy Hook Yacht Club Estates Inc.
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Publisher Description
PEKELIS, C.J. -- The appellants/relators (the "relators")*fn1 brought a quo warranto proceeding in the name of the State of Washington, pursuant to RCW 7.56, against Sandy Hook Yacht Club Estates, Inc. ("Sandy Hook" or the "Corporation") and its Board of Trustees ("the Board"). Sandy Hook is a nonprofit corporation consisting of all property owners within the Sandy Hook plat. The relators, who are minority members of the Corporation, challenged the Corporation's legal authority to adopt new restrictions in the nature of restrictive covenants that would bind all Sandy Hook property owners without having first obtained the agreement of all affected property owners. After stipulating that there were no material facts in dispute, the parties brought cross motions for summary judgment. The relators appeal from the trial court's ruling in favor of Sandy Hook. We affirm.