New judge named in HISID lawsuits; hearings set in both cases

Monday, May 13, 2013

HOLIDAY ISLAND -- A new judge has been assigned to both Holiday Island assessment lawsuits, with a scheduling hearing set next week in the Bischoff v. HISID case.

Case files for both the Bischoff suit and the Table Rock Landing Time-Shares Association v. HISID suit note that retired Judge Jay Finch has been assigned to hear the cases after Judge G. Kent Crow recused from both in February.

Both lawsuits challenge the suburban improvement district's Assessment of Benefits completed in 2011. Several attempts to mediate a settlement have failed, with attorneys for the TRL lawsuit acknowledging that "settlement negotiations broke down and ceased on or about April 1, 2013" in that suit. Attempts to settle the Bischoff case have not been made since the case was re-filed as an illegal exaction suit.

A scheduling hearing for the Bischoff suit has been set by Judge Finch for Wednesday, May 15, at 9:30 a.m. at the Eureka Springs courthouse, at which a schedule for discovery and other deadlines is expected to be set.

In the meantime, the TRL suit is in its fifth amendment, adding complaints that HISID refused to allow a TRL board member, Gary Hanson, to pick up ballots for the December commissioner election and prevented TRL from voting in that election, both in violation of Arkansas law, contentions which HISID disputes.

Following delivery to both sides of interrogatories and requests for production of documents in the case, a motions hearing has been set for Thursday, June 6, at 1:30 p.m. in the Eureka Springs courthouse on this case.

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