Document Lawsuit


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.

Click on any of the underlined links below to view the document.

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05/20/2009 - Board Minutes

 

Document Access Request & Denial

        (a)  Dan Hutcherson Request

               (  i  )  06/04/2009 - POA Denial

               ( i i )  06/08/2009 - Appeal Of POA Denial

        (b)  Richard Anklin Request

              (  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

05/26/2010  -  Various Email's

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

02/14/2011 - Agreed Order of Dismissal

02/15/2011 - Clarificaiton To POA Statement

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