A PLACE TO BE
Sunday, May 24, 2015
My 5/20/2015 Special Meeting Synopsis
Village attorney Garcia gave a lengthy impression that the lawsuit was doing better than expected and then somewhat contrasted that by saying both parties have agreed to not to go to trial on June 8th in order to try to resolve it.
Major terms needing resolved and by whom.
Monetary, to which the attorney said this will be between the Village’s insurance company and the plaintiffs, noting that if done this way the insurance company should be obligated to pay all costs.
The Sea Shell Blvd. easement and the Utility easement will be between Board/Members and the plaintiffs which entails many particulars, like clarifying Cowen’s obligations towards the additional wear and tear costs to our roads and the swing bridge caused by his developing land and having to obey all Village rules.That's just to name a few.
The attorney thinks these final details can happen as quickly as next week. If so, another Special Meeting will be called to explain these new finalized details so the Board may then unanimously approve it and set up a ratification meeting for the members.
The attorney says this meeting will require a membership quorum (513) and then an affirmative vote of 75% of that quorum in order to ratified the Board’s decision. The attorney pressed the point that this is the way to go and needs to be done. If this doesn't get resolved, then a new trial date will probably be scheduled sometime in October.
The attorney gave these major reasons why members should seriously consider ratifying this away from a court trial.
First, under Texas law, Cowen will get his easement and there are many ways a judge can look at this to award Cowen his Sea Shell Blvd. easement.
Second, If Cowen does win this at trial, it will most probably be after a decade's worth of appeals ending at the Texas Supreme Court. If this happens, the Village's insurance company will most likely have their right to leave the Village on the hook towards paying indemnity costs. Such a cost will no doubt be well into the millions.
Third, a trial win could award Cowen "uncontrolled access" to Sea Shell Blvd, making it essentially a public thoroughfare to where our Village has no control over.
Should members avoid these major negative possibilities plus a slew of other minor ones or should members pin all their hopes on this Village attorney who is also representing the insurance company that is probably not going to pay a dime towards indemnity costs if Cowen wins at trial? Yes, imagine that.
We will know more details later.
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