Post by Poor Richard on Jun 6, 2020 16:52:04 GMT -7
Glastonbury Landowner's Association Legal Costs Skyrocket
Increase Tenfold in Just 5 years
Increase Tenfold in Just 5 years
Since 2011, the Glastonbury Landowner's Association has faced legal challenges from landowners every single year. A full list of the over 225 court filings from 2011 to 2019 may be accessed here. 2020 saw a new lawsuit from former GLA director Mark Seaver seeking $59,000.00 in damages.
In 2011, the GLA covered legal expenses with their legal liability insurance policy. In 2014, the policy was cancelled. A temporary waiver was purchased that allowed the insurance company to continue paying GLA legal expenses for the 2011 litigant. Although figures are difficult to come by, the total legal expenses covered by the GLA legal liability insurance was in the neighborhood of $150,000.00 to $175,000.00.
New litigants sued the GLA in 2018 and 2019. Those expenses were fully borne by landowners and show up on year-end financial reports available from the GLA website.
The 2019 GLA budget totaled $144,804.00. Legal expenses to September 30th, 2019 accounted for 22% of the entire budget.
The largest legal expense is still on the horizon. In 2018, the Army Corps of Engineers found that the GLA violated the Federal Clean Water Act. Federal law allows for a maximum fine of $50,000.00 per day for Clean Water Act violations. So far, five hundred and fifty days have elapsed since December 4th, 2018 and today, June 6, 2020. Consequently, the maximum fine could approach 28 million dollars. Criminal charges can be pursued if "willful intent" is suspected. The maximum criminal penalty is three years in federal prison. Montana State law shields GLA directors from being personally sued. It does not shield them from criminal charges or violations of federal law.
Landowners are shielded from liability for GLA Board actions per our Bylaws. Thus, landowners cannot be forced to pay for GLA Board noncompliance or criminal actions. So where would the Army Corps of Engineers go to collect the possible fines? They may decide to sue the State of Montana because they are responsible for allowing the GLA to form, license and maintain a non-profit corporation. The Corps may also decide to sue the signers of the original permit; Walter Wunsch and Dennis Riley.
Landowners are shielded from liability for GLA Board actions per our Bylaws. Thus, landowners cannot be forced to pay for GLA Board noncompliance or criminal actions. So where would the Army Corps of Engineers go to collect the possible fines? They may decide to sue the State of Montana because they are responsible for allowing the GLA to form, license and maintain a non-profit corporation. The Corps may also decide to sue the signers of the original permit; Walter Wunsch and Dennis Riley.
The steep upward trajectory of GLA legal expenses is easy to see in the above graph. If the trend continues, the GLA will no longer be able to service roads, plow snow or perform Project Review duties.
