The following is the Legal Report taken directly from the minutes of the September 16, 2014 WPA Board Meeting.
At this point in time, your board had, had, at least three attorneys involved in this litigation. The first of the three, Moody, had been disbarred. The second, Maring, was Moody's law partner, and your board hired him, but Garrison later complained that they couldn't get answers from him, on their requests. Your board, then hired Crosby. Note, as you review the minutes, that DeMarchi, and Garrison insist on calling Beverly, the judge. Having reviewed the so called rulings, both carry the word REFREE after Beverly's name. Referee, as in both sides pay, and agree - to SETTLE - to live by the NEGOTIATED ruling. NO WHERE DOES THIS BOARD report that there was a 2013 ruling by Beverly, ruling in favor of both types of dredging assessments, and that in fact your board had collected from the 2nd to the last non payer of the canal assessments, after the first ruling. Note, that Garrison says, (about the REFEREE/JUDGE-?????) "He is not going to allow us to enforce it on this particular individual."
Wouldn't this have been the time for a board to be honest, and open, and inform us about the first ruling, and their claims later, that even though it was signed, that it wasn't the referee/judge's signature?
THE MINUTES BEGIN HERE:
Legal: Bob reported that a Legal meeting was held on Wednesday, September 10th at the WPA office. Present at that meeting was Bob Garrison, Jacky Walton, John McBride, John Walton, Adam Anderson, Larry McMillin and Al DeMarchi along with Joe Crosby, attorney for the WPA Board. The purpose of this meeting was to discuss the status of ongoing litigation and answer any questions the board may have.
A motion was made by Bob Garrison to pay McCabe, Trotter & Beverly for services rendered in relation to litigation in the amount of $1,787.50. 2nd by Al, motion passed with 8 ayes.
Bob reported that the 2 bylaw submissions were review by the attorney and they will be included on the ballot for the 2014 Annual Meeting. It was stated by Bob and Mr. Crosby written opinion that this no way endorses these changes.
A motion was made by Bob Garrison to accept the court order ruling of the special referee in the ongoing litigation with 2nd by Janine.
Discussion: Al asked Bob if he knows what the requested changes were. Bob answered not
specifically. Bob stated he didn’t know what the other attorney was asking.
John McBride questioned the expenses for appealing this. Al stated that Mr. Crosby stated about $40,000 to $50,000 on a prior case similar to this. Adam added that Mr. Crosby stated at the Legal Meeting it would be 10 to 20 times more than what WPA has already spent. John McBride stated that there will be a lot of ramifications to a lot of people in this plantation. Jacky stated that Mr. Crosby stated at the Legal Meeting. John McBride stated that it was just his opinion and Mr. Beverly is just a referee. Al stated that Mr. Beverly has the full power of the court. John then stated that the Board is in a hurry to jump into this. John would like the Board to explain why they are in a hurry to do this. Bob stated that the judge wanted an answer and it’s been going on close to 4 years. Bob stated that it was also Mr. Maring opinion that appealing would be very costly and less likely to succeed. John stated that this would stop any individual assessment to go to dredging the canals or any other project. So instead of it costing $20,000 or $50,000 it would cost the canal owners millions of dollars. John also stated that Beverly is just an individual and our attorney who we tell what to say. John added that it is the board job to tell the attorney what they want and the attorney goes after it. Jacky stated that the Board has given Mr. Crosby the Bylaws Policy Manual to use as a guide in his decisions. John McBride stated he would like to get this out of magistrate and out of Georgetown County to somewhere else where it is an unbiased court.
Bob stated that if there is any undue influence asserted onto Mr. Crosby then you are wrong. Mr. Crosby is dealing with what the judge said. The judge said we can’t do that. He is not going to allow us to enforce it on this particular individual. Bob stated that this would protect as well. Bob stated he believes the WPA has fought this thing and taken it this far as it’s reasonable to go. He also stated that he does not see spending the property owners’ money to proceed when multiple attorneys have said we have no chance of winning.
John McBride brought up a case that was ordered by a judge that “no wrong doing” decision was made; he added that then a referee comes in to overturn it. He doesn’t think that can be done. Bob stated that case has been settled and is history.
John Walton stated that to remember this is a court of common pleas.
John McBride then asked if anyone on this board contributed to the ( Note: The resident's name was provided in the minutes. The Wedgefield Examiner does not publish resident names. The name was removed from the minutes for publication on the blog.) case.
Motion passed with 7 ayes, 1 nay by John McBride and 1 abstention by Larry McMillin.
THE MINUTES END HERE
STAY TUNED.
John McBride questioned the expenses for appealing this. Al stated that Mr. Crosby stated about $40,000 to $50,000 on a prior case similar to this. Adam added that Mr. Crosby stated at the Legal Meeting it would be 10 to 20 times more than what WPA has already spent. John McBride stated that there will be a lot of ramifications to a lot of people in this plantation. Jacky stated that Mr. Crosby stated at the Legal Meeting. John McBride stated that it was just his opinion and Mr. Beverly is just a referee. Al stated that Mr. Beverly has the full power of the court. John then stated that the Board is in a hurry to jump into this. John would like the Board to explain why they are in a hurry to do this. Bob stated that the judge wanted an answer and it’s been going on close to 4 years. Bob stated that it was also Mr. Maring opinion that appealing would be very costly and less likely to succeed. John stated that this would stop any individual assessment to go to dredging the canals or any other project. So instead of it costing $20,000 or $50,000 it would cost the canal owners millions of dollars. John also stated that Beverly is just an individual and our attorney who we tell what to say. John added that it is the board job to tell the attorney what they want and the attorney goes after it. Jacky stated that the Board has given Mr. Crosby the Bylaws Policy Manual to use as a guide in his decisions. John McBride stated he would like to get this out of magistrate and out of Georgetown County to somewhere else where it is an unbiased court.
Bob stated that if there is any undue influence asserted onto Mr. Crosby then you are wrong. Mr. Crosby is dealing with what the judge said. The judge said we can’t do that. He is not going to allow us to enforce it on this particular individual. Bob stated that this would protect as well. Bob stated he believes the WPA has fought this thing and taken it this far as it’s reasonable to go. He also stated that he does not see spending the property owners’ money to proceed when multiple attorneys have said we have no chance of winning.
John McBride brought up a case that was ordered by a judge that “no wrong doing” decision was made; he added that then a referee comes in to overturn it. He doesn’t think that can be done. Bob stated that case has been settled and is history.
John Walton stated that to remember this is a court of common pleas.
John McBride then asked if anyone on this board contributed to the ( Note: The resident's name was provided in the minutes. The Wedgefield Examiner does not publish resident names. The name was removed from the minutes for publication on the blog.) case.
Motion passed with 7 ayes, 1 nay by John McBride and 1 abstention by Larry McMillin.
THE MINUTES END HERE
STAY TUNED.
