In late May, Lake Holiday resident Bill masters filed a lawsuit in the Frederick County Circuit Court, seeking a judicial review of the October 2006 board of directors election.
Bill recently gave us an update on the status of his case, and things are moving forward quickly. A hearing is scheduled for Thursday, August 30th at 1 PM at the Judicial Center on 5 North Kent Street in Winchester. Circuit Court hearings are usually held in the 3rd Floor courtroom. We urge everyone to show up in support of Bill Masters. If Bill Masters loses this fight, then future elections at Lake Holiday are meaningless.
Before Bill got the opportunity for a hearing, LHCC filed a motion for Summary Judgment. That Summary Judgment motion is what is on the court's docket for August 30th. AfterLHCC should have adopted the position that, as an institution, it is indifferent about election outcomes and would support and implement any ruling of the court.
For summary judgment to be granted, there can't be any material facts in dispute. Presumably, the arguments in court on August 30th will focus on the 1984 documents: the Settlement Agreement and the IL Declaration of Covenants.
Our earlier posts on the October 2006 election, Rumbling in the Community and Fixing An Election, Chris Allison Style, make clear our view: that election was a sham.
Did LHCC file a motion for Summary Judgment to block a full hearing of the facts? Maybe some parties are more than a little uncomfortable having to explain some things under oath, specifically that:
This juicy little email exchangehate-speak mocking the handicapped. Is it appropriate for the LHCC President to be pushing so hard for others to adopt “negative ads” in a campaign in which he is not a candidate?
No other owner can avoid paying dues for 3 years, suddenly decide to pay dues just a couple of months before an election, and have his vote counted.
Did the important issue of voting the Trust lots get discussed at a public board meeting before the October election? Not on your life. Chris Allison wrote in an emaildid absolutely nothing about it.
At a bare minimum, it should have been a board issue, because it was a material change from what was a long-held understanding in the community, that the Trust lots don't vote. In the June 2006 election, the most recent election before the 2006 board election, the Trust lots were not voted for new bylaws and articles of incorporation, votes that used membership as the standard for participation. At a December 2002 public meeting
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