Post by Poor Richard on Nov 5, 2022 18:34:09 GMT -7
Judge Gilbert Throws Open the Litigation Floodgates
Will the cost of litigation bury the GLA and/or Dissolution Crew?
Will the cost of litigation bury the GLA and/or Dissolution Crew?
On October 19, 2022, Judge Gilbert issued a court order that allows all Glastonbury Landowners Association (GLA) members in good standing to file briefs with the court. They may represent themselves or file through their attorney. Landowners are limited to the subjects covered in the September 6th report to the court signed by Nels Swandal and then GLA President John McAlister. The Status Report subject is the 2022 GLA Election; results and methodology are covered. Links to download the Status Report and Court Order are below.
Problems abounded with the 2022 court-ordered election. GLA Bylaws call for an in-person election while this one was by mail, fax or email. Proxy ballots are allowed by the Bylaws but were prohibited for the 2022 election. Independent election verification was non-existent. All GLA directors could not verify vote totals and review ballots for possible errors. A recount was requested multiple times by sitting directors but their pleas were ignored. The Bylaws require that the GLA Board "act as a whole" but many directors were left out of important discussions and decisions concerning the election. The GLA is required to hold all election records for four years. However former Director Jerry Ladewig shredded 2021 Bylaw Election ballots and conducted a later successful vote to destroy 2020 Election materials. The whereabouts of the 2022 Election materials are unknown. There is fertile ground for asking legitimate questions by filing legal briefs about the conduct and outcome of the 2022 GLA election. Landowner Val O'Connell submitted a fraudulent brief on October 5th, 2022. Gilbert's order allows O'Connell to rewrite and resubmit her brief. She may also assist other landowners to file briefs.
Judge Gilbert's order could open a litigation floodgate. Every brief filed must be considered and eventually answered by attorneys from both sides of the Dissolution lawsuit. Previously the court received over 90 petitions when it asked for comments. Complex briefs that raise multiple legal questions could take 40 hours or more for research and writing a reply. Simple one or two-question briefs may be answered with just 10 hours of work. 100 hours of attorney work at $250.00 an hour comes to $25,000.00. Ten to twenty briefs could easily result in $100,000.00 legal bills for both the GLA and the Dissolution crew. Will either side cry "uncle" amidst the rapidly rising legal costs? Will landowners be content to watch their assessments get funneled in ever-increasing amounts for legal costs to keep the GLA intact? A majority of landowners voted for separation in the 2022 election. Will they demand that their money not be spent on ballooning legal bills? The yearly GLA budget is just $150,000.00 and the Covenants require that a majority of the money be spent on roads.
The GLA is responsible for mailing a copy of the Status Report and Judge Gilbert's Order to all members in good standing. GLA members will then have 60 days to file briefs. Once the GLA conducts the mailing they must submit a report to the court. The official record does not contain that report as of November 3rd, 2022.
Download a copy of the September 6, 2022, Status Report here.
Download a copy of Judge Gilbert's October 19th, 2022 Court Order here.
Feel free to post your thoughts below.
Problems abounded with the 2022 court-ordered election. GLA Bylaws call for an in-person election while this one was by mail, fax or email. Proxy ballots are allowed by the Bylaws but were prohibited for the 2022 election. Independent election verification was non-existent. All GLA directors could not verify vote totals and review ballots for possible errors. A recount was requested multiple times by sitting directors but their pleas were ignored. The Bylaws require that the GLA Board "act as a whole" but many directors were left out of important discussions and decisions concerning the election. The GLA is required to hold all election records for four years. However former Director Jerry Ladewig shredded 2021 Bylaw Election ballots and conducted a later successful vote to destroy 2020 Election materials. The whereabouts of the 2022 Election materials are unknown. There is fertile ground for asking legitimate questions by filing legal briefs about the conduct and outcome of the 2022 GLA election. Landowner Val O'Connell submitted a fraudulent brief on October 5th, 2022. Gilbert's order allows O'Connell to rewrite and resubmit her brief. She may also assist other landowners to file briefs.
Judge Gilbert's order could open a litigation floodgate. Every brief filed must be considered and eventually answered by attorneys from both sides of the Dissolution lawsuit. Previously the court received over 90 petitions when it asked for comments. Complex briefs that raise multiple legal questions could take 40 hours or more for research and writing a reply. Simple one or two-question briefs may be answered with just 10 hours of work. 100 hours of attorney work at $250.00 an hour comes to $25,000.00. Ten to twenty briefs could easily result in $100,000.00 legal bills for both the GLA and the Dissolution crew. Will either side cry "uncle" amidst the rapidly rising legal costs? Will landowners be content to watch their assessments get funneled in ever-increasing amounts for legal costs to keep the GLA intact? A majority of landowners voted for separation in the 2022 election. Will they demand that their money not be spent on ballooning legal bills? The yearly GLA budget is just $150,000.00 and the Covenants require that a majority of the money be spent on roads.
The GLA is responsible for mailing a copy of the Status Report and Judge Gilbert's Order to all members in good standing. GLA members will then have 60 days to file briefs. Once the GLA conducts the mailing they must submit a report to the court. The official record does not contain that report as of November 3rd, 2022.
Download a copy of the September 6, 2022, Status Report here.
Download a copy of Judge Gilbert's October 19th, 2022 Court Order here.
Feel free to post your thoughts below.