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Richard N. Henry et ux. v. Tanie Guirand et al.

This is an interlocutory appeal filed by appellants Richard and Brenda Henry pursuant to Courts and Judicial Proceedings Article (“CJP”) § 12-303(3)(iii) from an order of the Circuit Court for Montgomery County granting summary judgment in favor of appellee Bel-Pre Recreational Association, Inc. (the “Association”) on counts two, three, and four of the Henrys’ complaint. The circuit court did not dismiss the complaint’s remaining count against Tanie and Pierre Guirand, who are next-door neighbors of the Henrys. At the time the instant appeal was filed, that claim remained outstanding. The Henrys present two questions for our review, which we reorder and slightly rephrase:

I. Did the circuit court err in granting summary judgment in favor of the Association on counts two, three, and four on the grounds that the Henrys failed to state a claim upon which relief could be granted and that the business judgment rule applied to preclude the claims asserted?

II. Did the circuit court err in granting summary judgment in favor of the Association on counts two, three, and four on the ground of res judicata?

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