Hill County Case re. Election


Regarding Double Diamond’s motion to compel the POA to produce all proxies granted to it prior to the May Annual Meeting, the judge ruled that the POA is to produce its proxies with the stipulation that all Property Owner information be redacted so that any personal information is not available to Double Diamond.  Thus, each property owner’s identity will be protected from disclosure.  The POA had actually offered this alternative prior to going to the hearing.


In a hearing Double Diamond requested that the court rule that the POA must allow Double Diamond to be provided with all proxies registered with the POA prior to the Annual Meeting held in May, 2017.  The court will render its decision after due consideration of the arguments presented by counsel for both parties.


Your entire Board of Directors attended yesterday's hearing.  Double Diamond presented its case for a Temporary Restraining Order.  The attorney for the POA answered Double Diamond's pleadings.

The presiding judge issued his ruling this afternoon and denied Double Diamond's request for a TRO.  He did instruct the WBPOA to preserve all ballots and proxies, which we are already doing.  All ballots and proxies are being maintained in the offices of Timothy, DeVolt & Company, the CPA firm that conducted the election, tabulated the votes and certified the results.


This is to inform you that Double Diamond filed a lawsuit today against your POA in Hill County District Court.  It seeks a Temporary Restraining Order, Temporary and Permanent Injunctive Relief regarding what Double Diamond contends was an invalid election of Directors at the Annual Meeting on May 20th.

The hearing is scheduled for Monday.  Your Board will be in attendance and suggests that property owners wait until we communicate to you about the hearing. The communication will be sent out immediately.

Your Board is totally confident that the court will examine the facts and render a fair decision in our favor.  Again, we will send you a detailed summary as soon as possible after the hearing.