Judge's Decision
07-21-2003, 11:27 AM
#1
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Judge's Decision
The judge ruled this am from the bench and gave an oral decision. Here is a summary from notes:
1) SeaTac was a valid meeting adopting (by 10 to 2) a plan for the APBA.
2) SeaTac did not amend the By Laws and the By Laws were never amended to implement SeaTac either expressly or impliedly.
3) The August 2002 election was invalid since the ballot was confusing and inconsistent.
4) The Court will appoint a special master to oversee an election and/or approve ByLaws.
5) The following persons are the interim BOD of the APBA:
a) Charles Strang;
b) Don Allen;
c) Ziggy Boettle;
d) Mark Wheeler;
e) Fred Hauenstein;
f) Mike Allweiss;
g) Mike Jones; and
h) Gary Garbrecht.
6) The following individuals are the interim APBA officers:
a) President: Don Allen;
b) Secretary: Sally Titus; and
c) Treasurer: Edgar Rose.
The Court wants to meet with the Lawyers later this week regarding the selection of a special master to over see any APBA business.
This is a summary from notes regarding the decision. The judge spent approximately an hour and a half relating the factual basis for the decision and the overall decision so this is just a summary from my seat over 300 miles from the Court room. Ed Hearn.
Add: Motion for Contempt vs. Michael Allwiess: Denied.
Respondents' (Allwiess, Jones, Jacobsen, Garbrecht, Sandstom and Seebold) motion to dismiss the NY case in favor of the Florida case: Denied.
1) SeaTac was a valid meeting adopting (by 10 to 2) a plan for the APBA.
2) SeaTac did not amend the By Laws and the By Laws were never amended to implement SeaTac either expressly or impliedly.
3) The August 2002 election was invalid since the ballot was confusing and inconsistent.
4) The Court will appoint a special master to oversee an election and/or approve ByLaws.
5) The following persons are the interim BOD of the APBA:
a) Charles Strang;
b) Don Allen;
c) Ziggy Boettle;
d) Mark Wheeler;
e) Fred Hauenstein;
f) Mike Allweiss;
g) Mike Jones; and
h) Gary Garbrecht.
6) The following individuals are the interim APBA officers:
a) President: Don Allen;
b) Secretary: Sally Titus; and
c) Treasurer: Edgar Rose.
The Court wants to meet with the Lawyers later this week regarding the selection of a special master to over see any APBA business.
This is a summary from notes regarding the decision. The judge spent approximately an hour and a half relating the factual basis for the decision and the overall decision so this is just a summary from my seat over 300 miles from the Court room. Ed Hearn.
Add: Motion for Contempt vs. Michael Allwiess: Denied.
Respondents' (Allwiess, Jones, Jacobsen, Garbrecht, Sandstom and Seebold) motion to dismiss the NY case in favor of the Florida case: Denied.
Last edited by 14-H; 07-21-2003 at 12:01 PM.
07-21-2003, 11:50 AM
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Great, it appears a resolution is near.
I could be wrong but this sort of turns the clock back a year. With Seatec in place, the rest should work it's way out.
I could be wrong but this sort of turns the clock back a year. With Seatec in place, the rest should work it's way out.
07-21-2003, 12:07 PM
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Hopfully we all won!
Dredge,
It looks like each side got a little.
As was said before Sea-Tac was only a plan and never implemented, the judge agreed. He has cleared the way for business to be able to continue while being overseen by a court appointed "special master".
Hopefully the BOD can work together and take the idea's that have come from the membership and come up with a plan for the future of APBA as a whole.
Grin
It looks like each side got a little.
As was said before Sea-Tac was only a plan and never implemented, the judge agreed. He has cleared the way for business to be able to continue while being overseen by a court appointed "special master".
Hopefully the BOD can work together and take the idea's that have come from the membership and come up with a plan for the future of APBA as a whole.
Grin
07-21-2003, 01:19 PM
#8
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In just one day(today), we have threads about parties, sexy girlfriends, Kobe, Luck, Homes, Jokes, bad businesses, etc.
We also have a thread or two about the FATE OF BOAT RACING AND THE APBA...Imagine that, on OFFSHOREONLY.
What's the problem?
Don't like it, don't read it!
We also have a thread or two about the FATE OF BOAT RACING AND THE APBA...Imagine that, on OFFSHOREONLY.
What's the problem?
Don't like it, don't read it!
07-21-2003, 01:30 PM
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Originally posted by Mike A.
...it is time we put these matters behind us and look to the future which is much brighter today than yesterday....
...it is time we put these matters behind us and look to the future which is much brighter today than yesterday....
07-21-2003, 01:31 PM
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Originally posted by Baja Daze
In just one day(today), we have threads about parties, sexy girlfriends, Kobe, Luck, Homes, Jokes, bad businesses, etc.
We also have a thread or two about the FATE OF BOAT RACING AND THE APBA...Imagine that, on OFFSHOREONLY.
What's the problem?
Don't like it, don't read it!
In just one day(today), we have threads about parties, sexy girlfriends, Kobe, Luck, Homes, Jokes, bad businesses, etc.
We also have a thread or two about the FATE OF BOAT RACING AND THE APBA...Imagine that, on OFFSHOREONLY.
What's the problem?
Don't like it, don't read it!
