APBA Friends file Lawsuit in NY
06-20-2003, 11:49 AM
#1
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APBA Friends file Lawsuit in NY
TO: APBA Members
FROM: Charles Strang, Ziggy Boettle, Mark Wheeler, Fred Hauenstein, Don Allen, Ernie Dawe, Mike Wienandt, Robin Shane, Howard Anderson and Ed Hearn.
RE: APBA Board of Directors Dispute
DATE: June 20, 2003.
Dear APBA Members and Friends:
As many of you may have already heard, on May 23, 2003, we joined together and brought suit in Erie County, New York in an action to ask a New York Judge to make a determination as to the identity of the lawful APBA Board of Directors according to New York Law (APBA is a New York Corporation). No monies from the APBA have been used to bring this lawsuit. The suit has been paid for by individual APBA members and friends whose only interest is in seeing that control of the APBA, through the democratic process, remains in the hands of the APBA membership. The lawsuit asks the Judge to determine that the November 2002 election, was in fact an election for the APBA Board notwithstanding the fact that the Ballot submitted to you had been altered to indicate that the election was for the so-called "performance board." This would mean that those members who met in Detroit at the Annual Meeting as the APBA Board were the correct Board of Directors and that all actions taken at the Annual Meeting are valid.
Our theory is that the election process had begun in July of 2002 whereby all persons identified on the ballot had been nominated to run for the APBA Board of Directors and had accepted that nomination. In August of 2002, the APBA Board passed what has been called the SeaTac Reorganization Plan. As a result of this action by the Board, the ballots for the APBA Board were altered to indicate that the election was for the "performance board." The SeaTac Plan, we have urged the Judge, illegally altered this election most notably because by laws were never adopted to implement the SeaTac Plan. In the event the Judge determines that the November election was so flawed that it became invalid, we have asked the Court to conduct a new election for those positions on the Board of Directors which became vacant as of November 1, 2002. Finally, we have asked the Court to determine that those individuals who claim to be members of the APBA Board of Directors as a result of the SeaTac plan that was never implemented, are, in fact, not members of the APBA Board.
In short, we have asked a New York Court to guide us on the lawful path to end the confusion that has been created as to the proper governing Board for the APBA. In the event the New York Judge determines that we may have positions as members of the APBA Board, we assure all of you that we will faithfully execute those duties to the best of our abilities and to protect the APBA as well as any rights the APBA might have as a sanctioning body for powerboat racing in the United States. Indeed, we all took such an oath in Detroit to do just that. In the mean time, despite all of the controversy that has surrounded this issue, we wish each and every one of you the very best in pursuing your powerboat racing endeavors in 2003. May you all arrive safely in the Winner's Circle.
FROM: Charles Strang, Ziggy Boettle, Mark Wheeler, Fred Hauenstein, Don Allen, Ernie Dawe, Mike Wienandt, Robin Shane, Howard Anderson and Ed Hearn.
RE: APBA Board of Directors Dispute
DATE: June 20, 2003.
Dear APBA Members and Friends:
As many of you may have already heard, on May 23, 2003, we joined together and brought suit in Erie County, New York in an action to ask a New York Judge to make a determination as to the identity of the lawful APBA Board of Directors according to New York Law (APBA is a New York Corporation). No monies from the APBA have been used to bring this lawsuit. The suit has been paid for by individual APBA members and friends whose only interest is in seeing that control of the APBA, through the democratic process, remains in the hands of the APBA membership. The lawsuit asks the Judge to determine that the November 2002 election, was in fact an election for the APBA Board notwithstanding the fact that the Ballot submitted to you had been altered to indicate that the election was for the so-called "performance board." This would mean that those members who met in Detroit at the Annual Meeting as the APBA Board were the correct Board of Directors and that all actions taken at the Annual Meeting are valid.
Our theory is that the election process had begun in July of 2002 whereby all persons identified on the ballot had been nominated to run for the APBA Board of Directors and had accepted that nomination. In August of 2002, the APBA Board passed what has been called the SeaTac Reorganization Plan. As a result of this action by the Board, the ballots for the APBA Board were altered to indicate that the election was for the "performance board." The SeaTac Plan, we have urged the Judge, illegally altered this election most notably because by laws were never adopted to implement the SeaTac Plan. In the event the Judge determines that the November election was so flawed that it became invalid, we have asked the Court to conduct a new election for those positions on the Board of Directors which became vacant as of November 1, 2002. Finally, we have asked the Court to determine that those individuals who claim to be members of the APBA Board of Directors as a result of the SeaTac plan that was never implemented, are, in fact, not members of the APBA Board.
In short, we have asked a New York Court to guide us on the lawful path to end the confusion that has been created as to the proper governing Board for the APBA. In the event the New York Judge determines that we may have positions as members of the APBA Board, we assure all of you that we will faithfully execute those duties to the best of our abilities and to protect the APBA as well as any rights the APBA might have as a sanctioning body for powerboat racing in the United States. Indeed, we all took such an oath in Detroit to do just that. In the mean time, despite all of the controversy that has surrounded this issue, we wish each and every one of you the very best in pursuing your powerboat racing endeavors in 2003. May you all arrive safely in the Winner's Circle.
06-20-2003, 12:13 PM
#2
My EX got the Sleekcraft
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APBA Friends????
Well as a fan.... I want to see my FRIENDS race on the water!!! Not in the FR*****g court room...!!!
Just my humble opinion...
Well as a fan.... I want to see my FRIENDS race on the water!!! Not in the FR*****g court room...!!!
Just my humble opinion...
VIP Member
06-20-2003, 12:40 PM
#6
Platinum Member
Platinum Member
Hey Eddy,
Then what? Describe what it is exactly that you feel is the best for APBA's members? Or is it your coffers?
Explain to us, in dollar amounts and participation numbers, how all the categories compare? What's the master plan? What could you(plural) possibly do better than what's currently in place? Revert back to the 'ole days'? Ya, okay...those were really, ummm, good.
It's going to be interesting. Good enough for Vegas.
Then what? Describe what it is exactly that you feel is the best for APBA's members? Or is it your coffers?
Explain to us, in dollar amounts and participation numbers, how all the categories compare? What's the master plan? What could you(plural) possibly do better than what's currently in place? Revert back to the 'ole days'? Ya, okay...those were really, ummm, good.
It's going to be interesting. Good enough for Vegas.
06-20-2003, 12:57 PM
#9
Charter Member#203
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Join Date: Oct 2000
Location: Ft.Myers, Fl/ Atlanta, Ga/ Worldwide
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baja ,
how do you really feel???
how do you really feel???
