Post by Poor Richard on Jul 30, 2021 14:47:05 GMT -7
Dissolution Lawsuit Filings and Updates - July 30, 2021
At the end of June, Glastonbury Landowner's Association (GLA) Directors Andrea Sedlak, John McAlister and Jerry Ladewig along with former Board President Dennis Riley filed a lawsuit against the GLA in the 6th District Court located in Park County. They were seeking to dissolve the Association or alternatively to create two boards from the existing GLA; one for North Glastonbury and one for South Glastonbury. Nicholas Lofing of the GLR law firm is the attorney for the Dissolution lawsuit. He filed a Notice of Appearance with the court on June 26, 2021.
On July 8, 2021 the GLA was served a Court Summons and ordered to answer within 21 days. Charlotte Mizzi is the Legal Agent for the GLA so she personally was served. At first, Mizzi declared that the Summons was void because it lacked a written signature and seal. Then she contacted the GLA board attorney Seth Cunningham, without consulting or seeking permission from the Legal Committee or other directors. Cunningham responded by sending two separate emails to the board, stating that he could not represent the GLA. President Newman Brozovsky then called for a closed GLA board meeting on, Friday July 24, to discuss hiring an attorney. Director Mizzi offered to add an amendment to the motion where the board would be notified of the hourly rate and cost, when an attorney was hired. The motion to hire and the amendment were approved. Directors Dirkers and Brockett voted no.
On Thursday, July 29, 2021 attorney Ryan Jackson of the Jackson Law firm in Bozeman filed a Notice of Appearance with the 6th District court informing them that he was representing the GLA. The GLA board did not receive any notice that Ryan Jackson was hired, what his hourly rate was, what he wanted for a retainer or if he had any conflicts of interest. Again the Legal Committee and Board were completely left in the dark along with the landowners. Funding has yet to be authorized by the GLA board. For now, attorney Jackson appears to working for free.
Attorney Ryan Jackson also filed a detailed, 12 page Answer Brief to the Dissolution Petition on July 29, 2021. Jackson carefully studied the Dissolution lawsuit and responded to 65 arguments. He further asked the court to not grant anything to the Dissolution petitioners and require that they pay all of his fees that presumably will be charged to the GLA. Apparently attorney Jackson does not see his work as done for free.
At the Friday July 24, 2021 closed GLA Board meeting President Brozovsky and Secretary Mizzi did not present any attorney names, prices or cost estimates. Mizzi stated that she had been "on the phone all day talking to attorneys". None offered to accept the job. When asked who she had spoken with Mizzi stated "I would rather not say". When asked how the board could possibly respond by the deadline of July 29, Mizzi mumbled that she would answer it "Pro Se" if she had to.
In retrospect, the claims of Mizzi and Brozovsky at the July 24th meeting seem ludicrous. The Jackson July 29 filing must have taken 40 to 60 hours to research and prepare. Jackson only had at most, three full business days to research and write his 12 page Answer Brief. If GLA directors ever see the legal bill from Jackson, the truth will come out. As the Forum has previously noted President Newman Brozovsky has intercepted legal bills in the past and personally paid them with GLA landowner funds. Several landowners have asked since if the GLA keeps two sets of books.
As more information becomes available we will share it with you on the Glastonbury Community Forum at glastonbury.freeforums.net/