By Sherry Gros
Freelance Writer for Highland Park Mobile Alabama
08/06/2021
The hearing went well. The motions were heard. The Judge allowed for a transcriptionist but not the 50/50 cost I asked for. There was a court transcriptionist allowed and if I want a copy of the transcript I pay for it from the transcriber. So that motion was granted/denied. That satisfies my need to have the recorded transcript. I am grateful.
As far as the motion to vacate the repairs by the defendants onto the dam, the Court is correctly calling it a motion to reconsider it reads as “denied” but as the Court explained to me the motion to vacate is moot now because the defendants have already been enjoined by the engineer as the dam is unsafe to work on and must now be replaced. So we are moving in a positive direction there.
As far as the motion to modify (my corporate activity), motion to mediate and motion to dismiss the Judge said we will hear from the Court in another week or two.
Judge Pipes asked me during the hearing, “How did they get away with doing this for all these years?” I should have said, “How does an embezzler get away with robbing thier corporation for 30 years. People don’t notice or realize what’s going on. That’s how.” I should have said that but I didn’t. I was so afraid it would come out snarky and that’s the last thing I want to be in a courtroom.
What I did say was, “They haven’t been doing this for all these years. They started in 2015 and then they decided to work toward dissolving the HPca. They tried to get everyone or as many votes as they could gather and merge the subdivisions to make dues mandatory.” But they were taking votes from people who were not members of HPCA. We here in Highland Park are fighting against being merged with the Lakeview HOA and are committed to standing as a Lake Authority, in Court if we must, with the mission of upholding the Articles of Incorporation of the HPca.
Note: Sherry Gros is suing the Lakeview HOA for operating illegally on Highland Park Property. She is suing them for denying her due process and free access to a lawfully operating HPca. HPca is the corporation that owns the lake to which she is entitled free access under her covenants, HPca is an extension of the lake and part and parcel of her home ownership in Highland Park.