Bischoff settlement approval hearing set

Friday, November 29, 2013

HOLIDAY ISLAND -- The final settlement approval hearing on the Bischoff v. HISID illegal exaction class action lawsuit has been set by judge David Clinger, with an opportunity for Holiday Island property owners to object to the settlement's terms before the hearing.

The lawsuit was originally filed Aug. 8, 2012, and terms of the settlement were approved by the Holiday Island Board of Commissioners on Sept. 24 this year.

A Final Notice for Publication, dated Nov. 22, was sent to property owners, as members of the class, advising them of the lawsuit's terms. It states that if they agree with the terms, they need do nothing, although they can file a Notice of Support of Settlement with the Carroll County Clerk, if they wish.

If they wish to object to the settlement, they must file their objections with the judge and the attorneys on both sides of the case within 30 days, or Dec. 22, of the date of the notice.

The notice erroneously lists Nov. 22 as the publication date, but the Holiday Island district office missed the public notice deadline, so the notice is set to publish Nov. 29. Nevertheless, the notice states Dec. 30 as the final date objections will be accepted.

If there are objections, the notice says the court will "establish and set procedures for adjudication, including procedures for summary disposition and/or evidentiary hearings."

The final approval hearing is set for Tuesday, Jan. 21, 2014, at 9 a.m. at the Eureka Springs courthouse. The hearing may be extended without prior notice, however.

The settlement will be complete if the court approves the order and any appeals have been resolved, but an appellate court could reverse the court's order, and "depending on the circumstances then existing, the settlement may be delayed, modified, or rendered null and void. If the settlement is rendered null and void, the litigation will continue as if this settlement had never been reached."

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