The lawsuit was filed because the TVPOA's General Manager instituted Procedures, Guidelines and Rules for document access requests, and the Board of Directors changed the By-Laws in direct violation of the Tennessee Legal Code for Non-Profit corporations.
Joe Marlette President of the Tellico Village Property Owners Association wants Tellico Village Property Owners, only the select few, to believe that the TVPOA complies with the Tennessee Code, § 48-66-101 thru § 48-66-105, regarding document access requirements for Non-Profits like the TVPOA. He states in the April 25, 2010 "guest column" of the Knox-News Sentinel newspaper that "The POA (has) operated for more than 20 years with no document access problems. Not only is disclosure required under the state law, it's the right thing to do".
If the TVPOA Board of Directors believes, as Mr. Marlette has been quoted as saying, "Not only is disclosure required under the state law, it's the right thing to do." Then one must ask, why did the TVPOA expend in excess of $100,000 of the Villagers monies fighting this lawsuit? After all, the Court clearly ruled that the document access requests submitted by Richard Anklin and Dan Hutcherson were to be provided!
Anthing else that Mr. Marlette has to say on the TVPOA's compliance is just his way of justifying the Board's legal fees to the small group calling themselves "Friends of the POA", and nothing more. If his letters to the "Friends" were so important and contained justification of the Court's ruling, then why did he not publish the information for all Villagers; including those who do not currently reside here? This could have easily been accomplished by adding the information to the POA website.
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Document Access Request & Denial
( i ) 06/04/2009 - POA Denial
( i i ) 06/08/2009 - Appeal Of POA Denial
( i ) 06/11/2009 - POA Initial Letter
( i i ) 07/08/2009 - POA Denial
06/17/2009 - Board Minutes (Page 4) - 68 Document Requests / Not Thousands as Advertised
07/21/2009 - Lawsuit Filed Against POA
06/23/2009 - POA Letter To TN Dept. Of Consumer Affairs Declining Mediation
07/24/2009 - Tell-E-Gram Announcing Document Access Lawsuit
07/24/2009 - POA News Release - Statement On Lawsuit
08/23/2009 - POA Attorney "Legal Opinion" Concerning the TN Dept. Of Consumer Affairs
10/12/2009 - POA Motion For Partial Summary Judgment Against Richard Anklin
11/04/2009 - POA Offer to Negotiated with Dan Hutcherson
01/06/2010 - Richard Anklin Opposition To Partial Summary Judgement
02/08/2010 - POA Letter to Dan Hutcherson & Richard Anklin from POA
03/09/2010 - UPDATE to "Friends Of The POA" Group from Joe Marlette / POA
03/12/2010 - POA Proposed Court Order [ Unacceptable to Hutcherson & Anklin ]
03/15/2010 - Hutcherson & Anklin Proposed Court Order [ Includes Court Transcripts ]
04/08/2010 - Final Court Order (4/08/2010)
04/08/2010 - UPDATE to "Friends Of The POA" Group - from Joe Marlette / POA
04/10/2010 - Knox News Article
04/10/2010 - POA Email to Knox News Calling Hutcherson a Bold Faced Liar
04/25/2010 - Knox News Article by Joe Marlette / POA
04/30/2010 - Tell-E-Gram Article by Joe Marlette / POA
05/12/2010 - Document Request for By Anklin For POA Detailed Legal Bills
05/21/2010 - POA Response To Anklin Regarding Document Request For Legal Bills
06/18/2010 - Anklin Clarification To POA For Copies Of Legal Bills
06/18/2010 - Anklin Document Request For Property Owner List
06/29/2010 - POA Response To Anklin Concerning Request For Property Owner List
08/01/2010 - Anklin's 3rd Request To POA For Copies Of Legal Bills
08/02/2010 - POA Made Motion To Dismiss Lawsuit
08/13/2010 - POA Response To Anklin's 3rd Request For Copies Of Legal Bills (Denied)
10/14/2010 - Dan Hutcherson Report / Purchasing & Contracting Procedures
10/24/2010 - Joe Marlette notification to Dan Hutcherson / Board Taking Action
10/25/2010 - POA Board Of Directors Letter To Property Owners (Status Of Lawsuit)
10/11/2010 - POA Motion Request For Final Judgment
12/01/10 - POA Letter to Dan Hutcherson Regarding His Investigation
12/16/2010 - Notification For 12/30/10 Court Date
12/29/2010 - Letter to POA Lawyer Regarding Filing On Findings of Fact & Conclusion
12/29/2010 - Plaintiff''s Proposed Finding Of Fact & Conclusion
01/05/2011 - POA Response To Plaintiff's Request For Finding Of Fact & Conclusion
01/12/2011 - POA Response To Dan Hutcherson's Report & Other Communications
01/19/2011 - POA Letter T0 Dan Hutcherson & Rich Anklin Regarding Lawsuit Dismissal
10/23/2010 - Order Regarding Motion For Judgment On The Pleadings
01/05/2011 - Order Of Dismissal