LEGAL NOTICE

Hello members,

On August 21, 2024, Superior Court Judge Kathryn C. Loring ruled decisively in favor of EWUA in Farm to Market, LLC V. Eastsound Water Users’ Association – with prejudice.

In her 10-page memorandum, Judge Loring granted EWUA’s several motions for summary judgement and dismissed those of Farm to Market for failing to show, either in law or under the bylaws of the Association, that the results of the 2023 election should be overturned.

Previously, on November 8, 2023, Plaintiff Farm to Market petitioned the court for a Temporary Restraining Order and Preliminary Injunction to stop the 2023 election. That motion was denied the next day.

At the core of Plaintiff’s argument was the claim that EWUA’s 2023 election was so flawed that it denied Plaintiff’s rights to vote, that four directors should be recalled from service on the Board, and that all Board decisions made after the election should be vacated.

“The Board has the authority to manage the EWUA,” the Judge stated in part. “This includes the election process. Neither the statute nor the EWUA Bylaws direct how the election should proceed, and neither the statute nor the Bylaws give individual members the right to challenge the Board’s election process or overturn the election in its entirety if a member disagrees.”

We are thrilled with this decision. It dispels the arguments being put forward by lead plaintiff Mike Parnell and his colleague Steve Smith, the perpetrator of an even more recent lawsuit and two politically-motivated Board recall petitions. We hope this puts an end to these actions that are bleeding away many thousands of dollars and costing the Association dearly in lost staff time.

A special “recall” meeting of members has been called for September 28, 2024 in which all seven of EWUA’s sitting directors could be terminated – this would have devastating effects on the Association’s ability to keep your water flowing.

We will send more details about the recall member meeting on Monday. Stay tuned for that.

Your President,

Teri Nigretto
Eastsound Water

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