Temporary Injunction by the New York Supreme court against Mike A. and his APBA BOD
 

The whole motion will be posted at
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At a Motion Term of the Supreme Court Held in and for the County of, State of New York on the 27th day of May 2003.

Presiding: Hon. Joseph G. Makowski Supreme Court Justice



STATE OF NEW YORK

SUPREME COURT: COUNTY OF ERIE


In the Matter of the Application of

CHARLES STRANG, SIEGFRIED BOETTLE, MARK WHEELER, FRED HAUENSTEIN, JR., DONALD ALLEN, SR., ERNEST DAWE, MICHAEL WIENANDT, ROBIN SHANE, HOWARD ANDERSON, JR., and EDWARD W. HEARN,

Petitioners, Index No.: 12003/5285

v.

MICHAEL ALLWEISS, GARY GARBRECHT, MICHAEL JONES, RICHARD SANDSTROM, GREG JACOBSEN and WILLIAM SEEBOLD, JR.,

Respondents.

For an Order Under Section 618 of the Not-For Profit Corporation Law to Set Aside the August 2002 Election of the APBA Performance Board and Other Relief Prayed for in the Petition

ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER

Petitioners Charles Strang, Siegfried Boettle, Mark Wheeler, Fred Hauenstein, Jr., J. Donald Allen. Sr., Ernest Dawe. Michael Wienandt, Robin Shane, Howard Anderson, Jr., and Edward w. Hearn have requested an order of this Court seeking to declare Petitioners Strang, Boettle, Wheeler, Hauenstein, Allen, Dawe, Wienandt, Shane, and Anderson as the lawful Board of Directors of the American Power Boating Association, clarifying the outcome of the APBA 's 2002 election of directors, and an order temporarily restraining and preliminarily and permanently enjoining respondents from holding themselves out to be the Board of Directors of the APBA.

Upon the Notice of Petition and Petition dated May 23, 2003 and filed on May 23, 2003; the Amended petition, dated May 27, 2003; the Affidavit of Gloria Urban, with exhibits, sworn to May 23, 2003; the supplemental affidavit of Gloria Urbin,. sworn to May 27, 2003. with exhibits (telefax copy, original to be provided to the Court); the Affidavit of Fred Hauenstein, Jr., with exhibits. sworn to May 23,2003; the Affidavit of J. Donald Allen. Sr., sworn to May 23, 2003; the Affidavit of Mark Wheeler, sworn to May 23, 2003; the Affidavit of Edward W. Hearn, sworn to May 23, 2003; the Affidavit of Stanton Fitts, with exhibits, sworn to May 23, 2003; the Affidavit of Siegfried Boettle. Sworn to May 23,2003; the Affirmation of Kevin M. Kearney, with exhibits, dated May 27, 2003. and the Memorandum of Law in Support of Order to Show Cause and Amended Petition, dated May 27. 2003, it is

ORDERED, that Respondents appear before this Court at Part 25. 50 Delaware Avenue. Buffalo. New York, on June, 13 at 9:30 to show cause why this Court should not enter an order: 1) setting aside the August, 2002 election for the "Performance Board" of the American Power Boating Association (" APBA ") as void and contrary to law and the APBA by-laws and declaring petitioners (with the exception of Hearn) to be true and lawful directors of the APBA, or, in the alternative, setting an election for the Board of Directors of the APBA to be held pursuant to the by-laws of APBA, and under this Courts supervision declaring that the actions by the Respondents purporting to be members of the board of directors of the APBA are and have been void and of no effect and that the by-laws of the APBA have not been amended or modified since August 1, 2002, to implement the "SEA-TAC" plan; and 3) enjoining the respondents from taking actions within the sole authority of directors and/or officers of the APBA; and it is further

ORDERED, that pending a hearing, the respondents are hereby immediately temporarily enjoined, and restrained from representing themselves as the lawful Board of Directors of the APBA and from taking any action purporting to be on behalf of the APBA; and it is further

ORDERED, that pending a hearing, neither Respondents nor Petitioner, are to take any actions to interfere with, revoke, or question any current license agreement between the APBA and any other entity in an effort maintain the status quo; and it is further

ORDERED, that pending a hearing, the Respondents are hereby immediately temporariIy enjoined from taking any actions to interfere with the proper functioning of the administrative office of the APBA and from spending or otherwise encumbering any funds received by Respondents on behalf of or in the name of the APBA. including but not limited to , membership fees; and it is further

ORDERED, that a copy of this order, together with the Notice of Amended Petition and Amended Petition, Memorandum of Law, and the supporting affidavits and affirmation with exhibits, shall be served by facsimile no later than 5:00 p.m. on May 30, 2003 on Allen P. Allweiss. Esq., Allweiss & Alleiss. Attorneys at Law, 100 2nd Avenue South, Suite 704 S, St. Petersburg. Florida 33701, Fax No. 727.827.4942. and by overnight mail on all respondents and on the Executive Administrator of the APBA on or before May 30, 2003, and that such service shall be deemed proper and sufficient.

GRANTED; Buffalo. New York

Date: May 27th, 2003

Joseph G Makowski, J.S.C

ENTER: GRANTED May 27, 2003

Margaret L Morgan Court Clerk

This is getting very old.

HERE WE GO AGAIN

OR
 

Temporary Injunction by the New York Supreme court against APBA

ORDERED, that pending a hearing. neither Respondents nor Petitioner, are to take any actions to interfere with, revoke, or question any current license agreement between the APBA and any other entity in an effort maintain the status quo; and it is further

Well guys, I don't think it is old at all. In fact, this is TRUTH! This is NOT speculation or rumor and it is a matter of public record. By posting this information all questions and comments that are not fact can be refuted. Furthermore, those who wish not to be informed or follow these proceedings and possible future of the APBA, LLC, or any other offshore sanctioning body has the right to not read or participate in any threads pertaining thereto. Please allow those that wish to discuss this matter do so in a professional and courteous manner.

Re: OR
 

Larry,

As you can see this was added so there would't be any confusion that the LLC races can go on and that the points will count. And so this matter can be heard in the court. Under this order the contract is not aloud to be revoked or interfered with until a hearing is held on June 13. At that time the LLC can state their case and the judge will make a decision on who is in charge of APBA. Until that hearing it is C. Strang an the BOD named in the motion.

Matthew

Very well said Shane

Matthew

I'm glad it was posted as I like to stay informed with all this legal stuff that goes on with APBA. However, I wish it would really just go away. APBA is about boat racing and that's what it is, not lawyers in court or any of that. It's sad that today people sue or file lawsuits left and right. I'll be glad when all of this is over and it's just back to boats.
Mav

Shane, I couldn't agree more.
 

Shane, I totally agree with you, very well said! I also think this is a very timely subject, that affects many board members. I don’t think there should be a self imposed “Gag order” If we are not free to discuss and analyze on this, the most open of forums, well only more dirt will be swept under the carpet. Neither side should be allowed to do that.

Philip

All this legal stuff confuses me. Could someone explain it to me? :D