The scheduled hearing in the JP Court was held this morning with Justice of the Peace Shane Brassell presiding. Justice of the Peace, Martis Ward had recused himself.
After hearing arguments from the Plaintiffs, Double Diamond, and the Defendants, the White Bluff POA, as well as sworn testimony from Mike Ward and POA Board VP, John Bass, Judge Brassell called for a brief recess while he considered the evidence.
Judge Brassell reconvened the proceedings at 10:30 AM. He ruled in favor of the WBPOA, effectively abating the Plaintiff’s filing that would have required the POA to release copies of all proxies to Double Diamond. Attorneys’ Fees were also awarded to the WBPOA.
Your Board is very pleased with this outcome and the support we have received as we proceed on our prescribed and planned course of action toward resolution.
The scheduled hearing in Justice of the Peace Court in Whitney is still scheduled at 8:30 AM on Wednesday, September 20th. The hearing will take place in the city courtroom. The issue in the hearing is a lawsuit brought by Double Diamond against the WBPOA seeking release of all proxies submitted to all parties prior to the Property Owners Annual Meeting. Double Diamond wants to have access to all proxies; the POA is refusing to do so. Because of limited space, we discourage property owners from attending this hearing.
A hearing was held in the JP Court this morning, and a default judgment was rendered in favor of Double Diamond, who had previously filed suit against the POA seeking access to all proxies recorded for the May Annual Meeting.
The default judgment in favor of Double Diamond was due to the fact that the POA was not represented at the hearing.
It was confirmed later this morning that legal counsel for the POA had not been noticed about the hearing.
The judge has agreed that notice was not given. An Order to Rescind the Default Judgment has been signed by the court, and the hearing will be re-scheduled.
Your Board is sorry about any anxiety this may have created for our property owners, POA employees, and Double Diamond employees who are concerned about personal privacy issues associated with Double Diamond's desire to access private information. Simply stated, a mistake was made; it has been corrected. Your Board remains steadfast in not only protecting private information but also to continuing our efforts of recreating the White Bluff Dream.
Notice was received yesterday that Double Diamond has filed another lawsuit against the WBPOA. Unlike previous suits filed and pleaded in Hill County District Court, Double Diamond filed this lawsuit in the Justice of the Peace Court in Whitney, TX.
The lawsuit is seeking copies of all proxies, whether considered valid or invalid, used in the election of Directors at the May 20th Annual Meeting.
It is the position of the Board that this is confidential information and protected by state law.
Date | May 20th, 2023 |
Time | 10:00 am |
Place | New Course Pavilion |
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