August 29, 2017 at 9:54 am #7079Linda & Bill WheelerParticipant
On March 3rd, 2017 counsel sent a letter to the defendants notifying all parties that as a direct result of defendants DeMonte’s and Anderson’s refusal to meet the condition of mediation and based on the set over facts, Three Rivers LOA is no longer willing to mediate at this time and is not willing to delay the resolution of this dispute through court proceedings. In addition, counsel presented to the defendants the Association’s draft second amended complaint. On March 6th, counsel reinforced the Associations position to the defendants. That same date the Association received a letter from the Anderson’s expressing a desire to mediate. The following day DeMonte’s counsel sent a letter rejecting our second amended complaint but still expressing a desire to mediate.
On March 17th, 2017, the Association withdrew the Amended Petition to Vacate the unimproved 1896 right‐of‐way that does not exist within Three Rivers.
On March 19th, Michael Peterkin’s attendance and presentation at the 2017 Annual Membership Meeting provided a clear and present status of the EH Sparks trail (A.K.A. CR‐577) dispute and DeMonte Family Trust matter.
In late March, the Association agreed to entered into mediation with the defendants and attorney Greg Lynch as the mediator with the condition to occur before the end of May 2017. In mid‐May mediation conditions were set.
On June 16th, counsel advised the Board the mediation had reached an impasse mostly because DeMonte, after 23 months, demands 18 lots instead of 10 with Three Rivers benefits and recommended moving forward with a Motion for Summary Judgment.
On June 28th, 2017, DeMonte filed in Jefferson County Circuit Court a Notice of NonParticipation and Consent to the Bound by the Decision of the Circuit Court and does not intend to participate further.
This last week the Board received draft of Plaintiff’s Motion for Partial Summary Judgment to be filed next week in Jefferson County Circuit Court. Counsel and the Board are somewhat optimistic that the case will settle with a judgment by stipulation declaring no public road in Three Rivers and the Association then would move forward to force judgment.
Randy Panek – TRLA President
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