On October 19, 2017, Judge Robert Bennett granted the HLPOA request to dismiss all claims made against the HLPOA by Marv Bolton with prejudice. These claims related to changes made to 2014 financial statements by the HLPOA Treasurer. As noted in the HLPOA’s brief to the court, “Importantly, the Brick 2014 statements improved the financial strength of HLPOA. All members of HLPOA were better served by a net increase in value.” The judgement of dismissal preserved the right of the HLPOA to pursue taxable costs against Mr. Bolton incurred by the HLPOA in the course of the litigation. Taxable costs do not include the more than $15,000 in attorney fees paid by HLPOA members. On December 21, 2017, Judge Bennett allowed taxable costs of $1,434.91 which Mr. Bolton has paid. This matter is now closed.
Dear HLPOA members,
We are pleased to send you the following letter and attachment received by the Higgins Lake Swimmer’s Itch Organization (HLSIO) with the 2017 Annual Report for the 3rd year of the SI control program to combat and reduce SI in Higgins Lake.
As stated in the letter, “We must remain vigilant and committed to a long-term effort to maintain, and hopefully further improve, on these excellent results.”
Thank you for your continued support.
October 19, 2017 Update: Bolton Suit Dismissed:
COURT RULES HLPOA IN FULL COMPLIANCE WITH DISCLOSURE REQUIREMENTS
The Marvin Bolton lawsuit against HLPOA has been dismissed by order of the 34th Circuit Court. In a ruling handed down on October 19th, Judge Robert Bennett dismissed all claims against HLPOA that had been brought by former HLPOA Treasurer, Marvin Bolton. The court has also ordered Mr. Bolton to pay HLPOA the taxable costs it incurred to defend the lawsuit.
The Court specifically ruled that HLPOA had fully complied with the disclosure and inspection requirements of the Michigan Nonprofit Corporation Act when it granted Mr. Bolton the right to review and copy certain 2014 and 2015 financial records.
The dismissal remains subject to a possible appeal by Mr. Bolton. If an appeal is taken, it must be filed in the next 21 days. If an appeal is not taken it will bring to an end a long and expensive defense of claims by Bolton that HLPOA consistently viewed as being meritless.
HLPOA Legal Counsel