Bischoff attorney serves 23-page discovery demand on HISID

Wednesday, February 20, 2013

HOLIDAY ISLAND -- Unless a settlement can be reached in the near future, the Bischoff v. HISID lawsuit could be tied up for more than a year, as Holiday Island District Manager Gerald Hartley reported at HISID's meeting Tuesday that the district has been served with an extensive discovery demand.

The lawsuit is an illegal exaction class-action suit over the Assessment of Benefits and what it claims are illegal HISID expenditures.

Hartley said the demand is 23 pages long.

The document asks the district to provide extensive information about all HISID board and committee meetings since its inception, information on any discussions and resolutions about assessments, assessment of benefits, bonds, fees and charges on sewer debts, security, amenities, water tower and operations/maintenance/repairs.

It also asks for records of discussions and actions on ambulance service, marketing, paid advertising, websites, local newspaper subsidies and undesignated reserves.

It demands records of communications between elected officials and employees on all of the foregoing, as well as audited financial statements, budgets, documents filed with the county, bank statements, bond account statements, account books and lists of properties HISID owns or has an interest in or has sold or transferred.

In addition, the demand asks for current creditors and balances, past creditors since HISID's inception, and figures on how much HISID has collected on the sewer debt, security, water tower charge, amenities and OM&R and the names and contact information of all those who have paid them.

It demands the names and contact information for all current and past district managers, assessors, commissioners and property owners within the last 20 years.

Finally, it demands statements made by Assessor Tom Reed, amounts levied against each parcel in the district re the AOB and any interest amount, also any amounts designated as equipment reserve funds and any financial assistance for ambulance service, newspaper delivery and donations to charity or any club or organization.

"This may take us six months to a year to provide the type of information required," Hartley told the board. "It will affect the staff's workload, so we ask you to be patient while we try to answer this."

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  • Sorry NR,

    I will take exception with you on the sales scam coming from HIDC. Yeah, they did and do "sell" their lots. I would offer it is a long way from a "scam". You are correct on NRP however. As for HISID, have they actually "sold" anything?

    -- Posted by smokhous on Wed, Feb 20, 2013, at 9:11 AM
  • Tied up for a year?!!

    Are they nuts. Set down with Dave Bischoff and get the thing settled! The discovery demand will go away. We "save" attorney's fess, Hartly's time as well as the "staff"!

    -- Posted by smokhous on Wed, Feb 20, 2013, at 9:15 AM
  • I have been waiting anxiously for this suit to be settled.

    I would love to buy a home on Holiday Island. The area was just beautiful and I almost bought a house. The contract was drawn up and ready to be submitted to the seller.

    BUT......I googled "Holiday Island and lawsuit" and was alarmed immediately! OMG! What a mess!

    DO I really want to be a part of that? I just cannot buy a house while any part of this suit is around. I am sad.....but am also not stupid.

    -- Posted by suzypepper on Wed, Feb 20, 2013, at 10:55 AM
  • And Bischoff maintains that he's not out hurt HI.

    -- Posted by Golferbemyname on Wed, Feb 20, 2013, at 5:26 PM
  • Bischoff! Bischoff! You think he is the problem here? Our problem is people like yourself who just can't understand the BOC has been illegally collecting taxes (assessments) for 30 years!!1 You and your ilk want to continue operating outside the law so some wimpering ideologue will build a house here? Why Oh my God why, can't you see this for what it is. Bischoff's suit can clean upthis mess if you will get behind him!

    -- Posted by smokhous on Wed, Feb 20, 2013, at 8:49 PM
  • Hey Golfer,

    What part don't you understand about the court system ?

    When a lawsuit is filed (apparently at HISID's request and direction) the next step is the DISCOVERY phase. BOTH sides make up a list of background information they want the opposing side to produce. This simply shows what each side HAS, and HAS NOT done correctly.

    Anything that is documented as having been done CORRECTLY is dropped out of the legal proceedings. Neither side wants to spend time and effort on arguing anything that is easily proven PRIOR to going to court.

    Seems pretty obvious that HISID is controlling how much extra expense is involved here. HISID can settle any time and stop these expenses.

    Basically all Bishoff is asking for in his suit is for HISID to comply with the laws of the state of AR and the legal fees it has taken to get HISID to get legal under AR law. The longer this drags on, the more it is going to cost as the REQUIRED processes to prepare for a court trial are undertaken, by both sides.

    There is no "intent to harm HI", as you would put it, going on here. This is simply the way the U.S. legal system works, and the rules the courts go by.

    If HISID wants to "SEE YOU IN COURT !", as HI BOC chairman Ame's is quoted in a previous article, then HI should be expecting the time and expense preparing for trial will cost.

    HI District Manager Mr. Hartley is supposed to be an attorney, he certainly should know, and be advising the BOC, as to the process and costs involved in "SEE YOU IN COURT" preparations.

    -- Posted by toobe on Thu, Feb 21, 2013, at 7:52 AM
  • I would pose the question! Is the BOC resisting this suit so strongly because there are skeletons in some closets they don't want out? I may sound a little dogmatic about this, "but", there is an awful lot of denial going around for this to be on the square.

    The infamous political question applies here. "What did they know and when did they know it?" It just seems obsolutely unbelieveable that all these years no one on any of the Commissions "knew"! Thirty years, and no one knew?

    You will have a hard time convincing me and a lot of other Folks that the Board, as they were constituded when this "new" AOB was empowered, along with Crosson, didn't at least "discover" the problem with their "illegal extraction"!

    Oh well!

    -- Posted by smokhous on Thu, Feb 21, 2013, at 11:07 AM
  • As for HISID, have they actually "sold" anything?

    by 'smokhous'

    Apparently few know about 3rd. lawsuit: CV2012-112WD Federal Nat'l Mort. Assoc. vs Brd of Comm. Holiday Island Sub. Imp. Dist. No. 1; Jolynn Taylor and Unknown.

    Of which the BOC has not made public!

    -- Posted by CommonSense22 on Fri, Feb 22, 2013, at 2:04 PM
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