Diamante, LLC v. Dye

Diamante, LLC (Diamante) operated a private-membership golf club. There were 450 privately owned lots around the golf club and clubhouse that were located in two subdivisions. Supplemental declarations of covenants and restrictions ran with the land and created certain obligations and restrictions, called tie-in rights, that required, among other things, lot owners to become full golf members of the Diamante Country Club and to pay monthly dues to the Club. Appellees filed a declaratory judgment action asking the circuit court to declare the tie-in rights unenforceable due to Diamante's failure to collect monthly dues from all full golf members. Appellees filed a motion for class certification. The circuit court certified the class, defining the class as current owners of the 450 lots in the subdivisions with limited exclusions. Diamante appealed. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in granting class certification. View "Diamante, LLC v. Dye" on Justia Law