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>Hello, Everyone - >After a long, quiet spell, we finally have news. >It took us some time to get the affidavits together >that were needed, then it took a little while to get >into court. >But on Thursday, July 1, Judge Estlinbaum in Bay City >signed a temporary restraining order & set a date for >the next hearing. >Papers were served requiring the board members to >appear at the next hearing: 9 a.m. on Friday, July 9, >2010. >The board was also ordered to immediately restrain >from the following: >1. Taking any action to amend the bylaws of DCCCLOA >2. Declaring that any member of DCCCLOA is not in >good standing >3. Recording any lien upon the property of any >DCCCLOA member >4. Assessing any fines or fees against any DCCCLOA >member >5. Asserting any alleged violation of the DCCCLOA >deed restrictions of record >6. Taking any action to change the current DCCCLOA >deed restrictions of record >7. Calling or holding any meeting except as expressly >authorized by the court >8. Taking any action to expel or evict any tenant >from the DCCCLOA orrice building >9. Holding any vote except as expressly authorized by >the court >10. Taking any action in his or her capacity as >office and/or director of DCCCLOA whatsoever, unless >specifically authorized by court >11. using, apportioning, expending, selling, giving >or transferring in any manner any of the assets of >DCCCLOA without the court's authorization, and >12. authorizing or instructing any agent, attorney, >assign, successor or other person acting under the >control or authority of the Defendants, collectively >or individually, to take any action described in (1) >through (11) inclusive. >It also ordered that defendants are restrained & >expressly prohibited from destruction of any corporate >books, records & documents of DCCCLOA. > > >They locked the office up on Saturday, 7/3, with a >note on the door: "Closed because of restraining >order filed by Ruth Risinger, Lamar Brown & Mary Ann >Dittert". They didn't have to do that, but we think >they were afraid some of us would show up & want to >see the books & they couldn't kick us out! >Each board member was served individually, along with >Roxanne Williams as acting agent for Downey's. >They were all ordered to appear before the judge this >Friday, July 9th. Hopefully, at that time, the judge >will order the Special Meeting we all requested >earlier this year. That will give us the opportunity >we need to elect new board members & get our >organization back on the right track. > > >We don't know yet if Friday's court meeting will be >open to the public. Hope to find out tomorrow >(Tuesday). IF it is open, it would be a good thing to >have association members present, just as a show of >support. I will let everyone know as soon as I get >word. > > >Keep in mind though - when the Special meeting is >ordered & the date is set: WE WILL NEED ALL THE >DOWNEY'S MEMBERS THERE THAT WE CAN GET. You've all >been very supportive - please hang in just a little >longer! > > >Just because we have the attorney moving - it's still >not too late to send in your $$$ to help with the >legal fund! >Mark your check: "Downey's Caney Creek Trust Fund" & >mail to: William Pendergraft, 1704 Fifth Street, Bay >City 77414 > > >Will be in touch as soon as we find out if you can >join us in court on Friday!! > > >Thanks for all your support,
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