02-0477-FT Annoye v. Sister Bay Resort Condominium Association Inc.

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James and Sandra Annoye appeal an order dismissing their claim for declaratory relief against the Sister Bay Resort Condominium Association. The Annoyes sought a declaration that the merging of Sister Bay Resort Condominium with the Yacht Club at Sister Bay Resort Condominium was unlawful. The circuit court granted the Association’s motion to dismiss because it concluded that the Association was not a proper party to the action and that the Annoyes therefore failed to state a claim upon which relief could be granted.

We conclude that under Wis. Stat. sec. 806.04(11), the Association was an interested party and, therefore, is a proper party to the action. We also conclude that under sec. 806.04(11), the individual unit owners are necessary parties to the action.

Therefore, we reverse the order and remand with directions to allow the Annoyes to amend their complaint to include the individual unit owners.

Not recommended for publication in the official reports.

Dist III, Door County, Ehlers, J., Peterson, J.

Attorneys:

For Appellant: Phillip J. Danen, Green Bay; Tina M. Dahle, Green Bay

For Respondent: John P. Brady, Delafield