EH SPARKS SPECIAL REPORT TO MEMBERSHIP – AUGUST 2019
On July 29th and 30th, Association’s legal team lead by attorney Michael W. Peterkin presented to Judge Anette Hillman, Jefferson County Circuit Court overwhelming trial evidence and expert testimony compelling a declaration that the EH Sparks right-of-way (ROW) within TRRA never arose under federal law and, if established under state law, was extinguished. Tim Elliott, presenting for defendant Jefferson County (and apparently in support of DeMonte), provided no competent evidence whatsoever to controvert Three Rivers’ testimony and evidence.
In the month of October, the Association will reach another milestone in our efforts to protect our private community. By that time Judge Hillman per her orders will have received written closing arguments from counsel and will issue her findings and decision regarding the EH Sparks ROW.
What does all this mean? Based upon trial evidence and law, the judge should rule in favor of Three Rivers LOA. If so, chances are the defendants will file an appeal. If she rules for the Defendants, the association will file for appeal. The appeal process can take up to two year to complete. Further, should the court rule against Three Rivers LOA, then a petition to formally vacate the road will be submitted to the Jefferson County Commissioners.
Please visit http://www.3rrec.com/Save-R-Community to review trial memorandums and gain further information regarding the EH Sparks Trial and Results as they develop.
PROTECTING OUR PRIVACY – PROTECTING OUR COMMUNITY
Randy Panek
President TRLA
EH SPARKS – SPECIAL REPORT TO THE MEMBERSHIP (August 2019)
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