Post by Poor Richard on Mar 9, 2022 12:33:38 GMT -7
Order Appointing Custodian Pendente Lite for the GLA ...
On March 8, 2022 Judge Gilbert of the 6th District Court in Livingston, Montana issued an Order Appointing a Custodian Pendente Lite for the Glastonbury Landowner's Association (GLA). The order stipulates that the Custodian shall be retired judge Hon. Wm. Nels Swandal. Swandal will first work with GLA attorney Jackson to determine which board positions are open. It is possible that all 12 positions will need to be filled. Then they will set up the Annual Election, solicit candidates, produce ballots, organize the election meeting, hold the election and announce results.
The court order also assigned the responsibility of holding a vote regarding the Resolution question of separating North and South Glastonbury to Swandal and Jackson.
The March 8th order goes on to state "When the election for the Board of Directors as well as a vote of the Membership regarding the Resolution have both been completed, the custodian pendente lite, and counsel herein shall file a Status Report with the Court regarding the status of the case and what action by the Court, if any, is needed."
The court order also assigned the responsibility of holding a vote regarding the Resolution question of separating North and South Glastonbury to Swandal and Jackson.
The March 8th order goes on to state "When the election for the Board of Directors as well as a vote of the Membership regarding the Resolution have both been completed, the custodian pendente lite, and counsel herein shall file a Status Report with the Court regarding the status of the case and what action by the Court, if any, is needed."
It appears that the court will have full control of the GLA Annual Election and the Resolution, Covenant Change, vote. Only when both are completed, will the court rule on the initial question of separating North and South Glastonbury. That question was agreed upon by both parties in the Mediation Memorandum of Understanding. The GLA Board also agreed to the separation on October 6th, 2021. Rather than make a yes or no decision on January 8, 2022, the court decided to punt the decision to a court appointed Custodian. Custodian Swandal and Attorney Jackson will recommend an action to the court when both votes are completed. Swandal will be acting as an "arm of the court" and has "judicial immunity". Thus he may not be sued for his actions or conduct. The court reserves the right to make a final decision regarding the separation of North and South Glastonbury.
The GLA is required to pay Swandal $100.00 an hour for his work. Past experience has shown that Annual Elections often require hundreds of hours of effort by several knowledgeable board members and experienced volunteers. The last Covenant change vote took place in 2007 with the approval of the Master Plan. That was a 5-year effort that required thousands of hours by dedicated GLA Directors. The task facing a 3rd party who is not familiar with GLA Governing Documents, of running an Annual Election and a Covenant change vote will be time-consuming and expensive. Inexperience will create avenues for past corruption to continue and mistakes to be made. When the ballots are tallied it is questionable if all landowners will accept the results. By granting the Custodian judicial immunity the court has all but guaranteed that the results will be flawed and no one will be held legally accountable.
No dates have been set for the Annual Election or Covenant Change vote.
You may download the Court Order here.
No dates have been set for the Annual Election or Covenant Change vote.
You may download the Court Order here.