What is Court Hearing Outcome?

Posted in: Circle C
No Muddy Water in this ruling...

These rulings were not hazy...please read part of the email that CHOA sent out...

Justice Spector specifically ruled that Ken Rigsbee and Jim O?’Reilly are lawfully serving as directors at this time, the contracts entered into by the CCHOA during their tenure are all valid, and neither Ken Rigsbee nor Jim O?’Reilly are required to stand for re-election until their seats come up for election in the normal course of the CCHOA?’s business.

Justice Spector ruled on various other issues at the hearing including the following:

1) Justice Spector ruled that Mr. Gammon represents only himself and no other members of the CCCHOA. Mr. Gammon, however, indicated that he intends to amend his pleadings and add other members of the CCHOA, but he cannot claim that he represents the members of the CCHOA as a whole.

2) Justice Spector granted the CCHOA?’s requests for summary judgment on the issues raised and addressed by Judge Meurer in her letter ruling, namely:

a) The nominations procedure used for the March election was valid.

b) The CCHOA had the right to issue and use unique proxies as the only valid proxies for the election.

c) The Directors had not improperly used funds of the CCHOA.

d) The communications between the CCHOA and its attorneys are privileged.

So it looks like the injunction to the lawsuit just cost us more money. I am not a happy camper that we had to pay out money to defend ourselves against a Homeowner that represented himself as a representative of the Circle C Homeowners Association and then filed a lawsuit on behalf of the association against the association. What is wrong with this picture?

I believe we were snowballed by some folks on this web site into believing something illegal was taking place when it wasn't.

Now how about trying to work TOGETHER for the good of our community instead of trying to tear it apart? How 'bout stopping the name calling Sal? How 'bout calling a truce? Don't you feel bad about the obscene language you used against this board?

Suck it up and appologize for our communities sake!

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  • cynthia
  • Respected Neighbor
  • USA
  • 13 Posts
  • Respect-O-Meter: Respected Neighbor
Are you sure?

I'm glad things are clear for you. Were you there in the court room? Reading the above email it seems that the hearing went very smooth. But for those of us there...well I agree with some of the above statements. But I don't believe your item 2 parts a-d were determined at this hearing. Is this all of the email or only the parts you want to emphasize?

I suggest the best way to know the truth is to observe it for yourself without the rose colored glasses of someone else's view. What you read was an interpretation of what happened. I'm waiting for the briefs.
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