Hello All,
We've received several inquiries as to the status of our lawsuit with AOBA
that we filed over a year ago.
Please know that we, to the best of our knowledge, are not involved in any
explanation as to why AOBA has not communicated with the membership on this
issue. Sorry, but questions regarding AOBA, need to be directed to AOBA.
We don't know why there doesn't seem to be any discussion of the
Lawsuit in Board meeting minutes since about September 2006, or why
Nothing has been posted to AOBA's website under "litigation" since
October 2006;
We don't know the status of AOBA's Cross-Complaint against the
Individual Directors or anything relating to the Individual
Directors Indemnification Agreements with AOBA dated September 2006;
We don't know how much money AOBA has spent on this lawsuit and we
don't now why projected legal/lawsuit expenses for this case were
not disclosed in the 2007 AOBA Budget as discussed in the bylaws.
We don't know if this lawsuit has any effect on the current
discussion involving AOBA merging or dissolving to become a
Tennessee corporation.
On 8/14/06 we filed a Complaint in the Colorado Courts for the wrongful
termination of our AOBA membership.
The 6/7/06 Special Meeting of the AOBA Board to consider our
termination, the AOBA Board passed the following motion, "MOTION:
AMY MOTIONS TO REVOKE AND TERMINATE THE AOBA MEMBERSHIP STATUS OF
FLOYD ROMANIK, ANA ROMANIK AND INDIAN SUMMER ALPACAS, AND ANY FARM,
RANCH OR ANY ENTITY WITH WHICH THEY ARE OR MAY BECOME ASSOCIATED."
The reason AOBA gave for our termination was, "THE GROUNDS FOR THE
PROPOSED REVOCATION IS THAT IT IS IN THE BEST INTERESTS OF THE
ASSOCIATION, DUE TO, BUT NOT LIMITED TO, YOUR PAST AND CONTINUING
DISRUPTIVE PUBLIC AND PRIVATE COMMUNICATIONS HOSTILE TO AOBA, ITS
BOARD AND BOARD MEMBERS, ITS VOLUNTEERS, ITS EMPLOYEES AND ITS
CONSULTANTS."
There are currently two Motions for Summary Judgment before the court. One
is from AOBA, one is from us. One issue to the Summary Judgment is the
question of whether or not AOBA Bylaw 2.5 was legally approved and added by
the membership in accordance with AOBA bylaws back in 1999. AOBA says the
membership DID approve the 1999 bylaw amendments appropriately and we say
they did not. This is a new position for AOBA and contradicts AOBA's
Petition for Judicial Relief from a couple of years ago.
If the court denies both of these Motions, the case is set for a 7-day trial
starting 11/13/07. The filings on the case are public record under the
District Court, County of Denver, Colorado - Case Number: 2006-CV-9010.
There could be as many as 40 or so court filings to date.
Sincerely,
Floyd and Ana Romanik
Indian Summer Alpacas
Chepachet, Rhode Island
Phone: (401) 568-7759
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