Post by Poor Richard on Sept 13, 2020 19:51:36 GMT -7
1998 GLA vs. CUT - Road Construction Legal Settlement
On August 15th, 1998 the Glastonbury Landowner's Association (GLA) agreed to a legal settlement with Church Universal and Triumphant (CUT) regarding unfinished road construction in Glastonbury. Important points were:
The President of the GLA consulted with the Board attorney, John Glover regarding the settlement. Then he wrote to Richard Smith, Vice President of CUT Community Affairs. He included an initialed copy of the settlement and asked Richard to initial and sign the agreement.
- The completed and signed agreement only covered road construction; not road maintenance. See page 2, third "Whereas".
- The agreement stipulated that Sirius and Aries Drive were NOT under the jurisdiction of the GLA. See page 5 paragraph D. However CUT asked that the GLA accept responsibility for them. In turn CUT would grant easements for these roads. See page 5 paragraph E. The easements were never granted.
- Montana state law only allows contracts to remain in effect for 10 years. Since this contract was never renewed it expired on August 15th, 2008.
- GLA Bylaws require that any contract entered into for a term of longer than 5 years be placed before a membership vote. That never happened either.
- CUT attempted to get the GLA to agree that Golden Age Village (GAV) roads, Helios Way, Vesta Lane, Helios Circle and Vesta Circle were platted, and part of the Covenants. Therefore the GLA would forever be responsible for their maintenance and plowing. GAV is a trailer park, a commercial operation owned by CUT. This section was wisely crossed out and thus was not subject to the agreement.
The President of the GLA consulted with the Board attorney, John Glover regarding the settlement. Then he wrote to Richard Smith, Vice President of CUT Community Affairs. He included an initialed copy of the settlement and asked Richard to initial and sign the agreement.
Download the President's letters and initialed settlement here.
Richard Smith initialed the settlement and signed it. Download the completed and signed Settlement Agreement here.
Legal questions were raised with specific references to Montana state law at the bottom of a 2017 Forum post titled "Church Universal and Triumphant gets FREE Road Maintenance".