Farm to Market Suit Dismissed
This is my non-legal summary.
The judge found:
- EWUA substantially complied with correcting the errors of the 2023 election by appointing Jim Cook and that when Cook was appointed is not material. The Judge decided the closed session appointments and Cook being prohibited from voting as not relevant.
- Farm to Market failed to provide notice to all 950 members of the Association that the Association was being sued. The Judge is requiring anyone who sues EWUA to provide formal notice to each and every member of the Association before suit can be brought.
- Farm to Market nor any other member has a contractual right to vote for the seat EWUA failed to put on the ballot.
- Farm to Market did not have the right to bring suit against EWUA. as lawsuits challenging board actions that are outside of the scope of the law or bylaws are generally prohibited unless the suit is brought by the Attorney General.
The judge dismissed the case with prejudice. This means plaintiff cannot refile the same claim again in that court. The ruling can be appealed.
The lawsuit was brought to correct the flawed election of 2023. EWUA agreed that the election was flawed.
You can read the ruling for yourself here.