Newbury Properties Group owns, manages, and develops real property. Jerry Stoker and the Stoker Group, Inc. (the Stokers), also develop real property. Newbury entered into agreements with the Stokers concerning a large tract of property in Georgia. The parties formed Bellemare, LLC, to develop various parcels of the tract for residential purposes. The operating agreement of Bellemare indicated that “no Member shall be accountable to the LLC or to any other Member with respect to any other business or activity even if the business or activity competes with the LLC’s business.” Later, when the Newbury group contracted with other parties to develop parcels within the tract in competition with Bellemare, LLC, the Stokers sued, alleging breach of fiduciary duty. (See page 744.)
(a) The first group will discuss and outline the fiduciary duties that the members of an LLC owe to each other.
(b) The second group will determine whether the terms of an operating agreement can alter these fiduciary duties.
c) The last group will decide in whose favor the court should rule in this situation.

  • CreatedJune 18, 2014
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