Post by Admin on Nov 8, 2018 19:42:52 GMT -7
Pre-Election Surprise - GLA Sued for 8.8 Million Dollars
A North Glastonbury landowner is suing the Glastonbury Landowner's Association (GLA) and asking for 8.8 million dollars in damages, the transformation of the GLA into a Roads Only organization, removal of his property per the Covenants from the jurisdiction of the GLA and all associated court and legal costs.
The current legal actions started on October 3rd, 2018 when GLA attorneys Tyler Mullowney and Andrew Willett of Bozeman sent a Summons to the landowner in an attempt to collect past due assessments, penalties, interest and court costs totaling $3,204.79. Choosing not to simply write a check, the landowner sought justice by filing a Response and Counter Claim. He presented 23 points depicting how the GLA has threatened him, discriminated against him and favored others which caused him pain, suffering and loss of enjoyment of his property. Several of his 23 points are backed up by the historical record.
Favoritism, the twin brother of discrimination, is a fact of life in Glastonbury and has been since the community was opened to "newcomers" in 1998. The historical record is full of examples where preference was given to "old timers", those folks who owned land before 1998 and were thus part of Church Universal and Triumphant (CUT). Old Timers have dominated the GLA Board for over 20 years and they have often provided themselves, their church and fellow old timers with political and economic favors using Board power and landowner assessment money. Several old timers were given huge financial breaks on the amount of past due assessments they finally paid. Old timer land developers were allowed to build private roads and then pass the maintenance responsibilities to the folks who bought property from them. Many GLA landowners live on these developer's roads, receive no maintenance or plowing from the GLA, yet must pay full assessments to the GLA. Meanwhile private CUT roads are dutifully maintained every year with landowner's assessment funds.
The current legal actions started on October 3rd, 2018 when GLA attorneys Tyler Mullowney and Andrew Willett of Bozeman sent a Summons to the landowner in an attempt to collect past due assessments, penalties, interest and court costs totaling $3,204.79. Choosing not to simply write a check, the landowner sought justice by filing a Response and Counter Claim. He presented 23 points depicting how the GLA has threatened him, discriminated against him and favored others which caused him pain, suffering and loss of enjoyment of his property. Several of his 23 points are backed up by the historical record.
Favoritism, the twin brother of discrimination, is a fact of life in Glastonbury and has been since the community was opened to "newcomers" in 1998. The historical record is full of examples where preference was given to "old timers", those folks who owned land before 1998 and were thus part of Church Universal and Triumphant (CUT). Old Timers have dominated the GLA Board for over 20 years and they have often provided themselves, their church and fellow old timers with political and economic favors using Board power and landowner assessment money. Several old timers were given huge financial breaks on the amount of past due assessments they finally paid. Old timer land developers were allowed to build private roads and then pass the maintenance responsibilities to the folks who bought property from them. Many GLA landowners live on these developer's roads, receive no maintenance or plowing from the GLA, yet must pay full assessments to the GLA. Meanwhile private CUT roads are dutifully maintained every year with landowner's assessment funds.
Several "old timer" GLA Board members chose NOT to run for another term this year. Charlene Murphy, Dan Kehoe and Regina Wunsch could have cruised to easy victories. Leo Keeler, a newcomer, also decided not to run for another term.
One of the 23 points presented in the Response and Counter Claim is that the GLA Board has refused to provide the landowner with financial records he requested. This too is common GLA Board behavior. The Forum has been repeatedly denied access to many GLA financial records as well. One Board member recently stated that if the requested records were made public some Board member's reputations would be injured.
Many landowners have withheld their assessments as an act of civil disobedience. They are fed up with the discrimination, favoritism and corruption they see some members of the GLA Board practicing. Their pleas for justice have been ignored by the GLA Board and as a last resort some landowners have refused to financially support what they perceive is a corrupt institution. This places an additional burden on landowners who continue to pay their assessments. Paying assessments is part of the contract all landowners agreed to when they bought land in Glastonbury. However if the GLA is not holding up their end of the contract then civil disobedience may be justified.
At the last GLA Board meeting it was discussed that any debts older than 8 years would not be collectible due to the Montana statute of limitations. Previous Board inaction will justify the actions of many long term debtors and could deny landowners over $100,000.00 in past due assessments.
The court has been asked to include all 12 of the current GLA Board members in the lawsuit.
As a Montana Non-Profit corporation the GLA must respond to the landowner's complaint via an attorney and the court system. It is quite likely that the amount the GLA spends on legal fees will far exceed the amount they initially attempted to collect. The last lawsuit by Kathleen Rakela ended after 9 months of wrangling and cost landowners over $20,000.00. This one has far greater economic ramifications and could bankrupt the GLA.
As a Montana Non-Profit corporation the GLA must respond to the landowner's complaint via an attorney and the court system. It is quite likely that the amount the GLA spends on legal fees will far exceed the amount they initially attempted to collect. The last lawsuit by Kathleen Rakela ended after 9 months of wrangling and cost landowners over $20,000.00. This one has far greater economic ramifications and could bankrupt the GLA.
Readers are urged to study the court documents, available via the above links in blue, carefully. The documents so far only reveal one side of the story; the GLA has yet to respond. When they do we will post their rebuttal. If the lawsuit runs a full course the court will decide if any claims have merit and if damages should be awarded.
Nine other landowners were also sent a Summons and some have already contacted their attorneys. More lawsuits may follow.
