Bischoff attorney serves 23-page discovery demand on HISID

Friday, February 22, 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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