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Thursday, August 22, 2013

REFLECTION BAY LEGAL QUESTIONS

Plcruise said...
The "other" blog said there was $94K approved by the UCO officers for continuing the old golf course fight. What will happen to that money when CV loses in October in the en banc court decision??
August 22, 2013 at 9:56 AM
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Blogger David Israel said...
Hi Peter,
August 22, 2013 at 9:56 AM,

If the Delegates approve and this line item is passed, UCO will become a client of the PRPC Attorney, and UCO will dispense the funds.

So, if the 3 judge panel (EN-BANC) finds for the Developer, PRPC might appeal, or might fold their tents.
In either case, they will not have direct control of the funds.

Dave Israel
August 22, 2013 at 3:20 PM
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Blogger Don4060 said...
Dave, if PRPC loses this appeal, what is the next highest level of appeal?

If PRPC loses this appeal, will they take their case to the next level, whatever that is? If legal funding from UCO is approved by the Delegates, will UCO be committed to PRPC's legal fight regardless where it leads, or can UCO independently decide to cut their losses and "fold their tents"?

Another thought- if the Developer loses, and decides to appeal, will CV homeowners be committed to funding another appeals process?

Sorry for the battery of questions- i guess what I am trying to figure out is - where does this end? The US Supreme Court? Do we want to fund that?
August 22, 2013 at 4:35 PM
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Blogmeister response,
 
First of all let me state that these questions are well beyond my pay grade or expertise. These are real Legal questions to answered by lawyers and judges.
 
Once unit owner monies are voted by the Delegates, UCO becomes a partner in the endeavor.
In the matter of the Legal questions, "we" (PRPC/UCO) would have to decide, based on competent Legal advice, as to how far to carry the issue.
 
Finally, keep in mind, what the Delegates give, the Delegates have the power to take away.
 
Dave Israel

at

2 comments:

  1. PlcruiseAugust 22, 2013 at 5:12 PM

    Thanks Dave. I hope we delegates DENY any more money for the fight against the old golf course, and spend some of the money we have to make the village infrastruture work and look better.

    ReplyDelete
  2. HowardAugust 22, 2013 at 6:04 PM

    Only time will tell. The uncertainty of future events always produce conversation, usually negative.

    ReplyDelete

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