First: Kill All The Lawyers

Did the court order the killing of any lawyers?

 

I don't like or dislike either of you. The essence of my criticism stems from the willingness of the two of you to burn the village in your efforts to save it.

 

Huh, I though you had quit.

 

Quit what, hoping for the killing of all lawyers? Nope. Waiting for the indictment of Hillary? Yeah, that was a bridge too far.

 

Yet you blame guy who is fighting to bring to light that the BOD has laws that need to be followed on behalf of its memebers.
Funny how no one says this about the BODs and employees who put club in this posiion?
Notice not one BOD member ever stepped down during this that was being sued?
But one BOD did step down to distance himself from this.
And if there is no merit in case at all then explain how the case as a whole after so many times in court has not been dismissed after almost 3 yrs?
This is 1st ruling of anything.
Yet the whole case was not tossed.
And look at the money Cmra has spent so far.
I think people just are not asking why.
So im all for a trial to see what comes out in court.

Steven Isenhower #52

 

Nah, nobody gives a shit about that stuff. I thought you'd quit the beeb. Yeah, a bridge too far.

 

Assuming that your statements are 100% correct, the Court (as I interpret Texas law, as outlined in their decision) is saying the following:

(paraphrasing - not actual quotes) "We don't care about whether or not the organization followed their bylaws, because this guy isn't a member, and has no basis to sue the organization unless he is."

Furthermore, "having an opinion that Mr. Inge isn't the best candidate for a board position isn't defamation. Especially when they don't name him. If they're implying that they're talking about him strongly enough, then okay, we'll entertain the idea that he may have been defamed. Even so, if the events they're describing are true, that's a defense. And losing an election isn't a 'damage.'"

His remedy is to leave and start his own club, not have an order that CMRA must allow him back into theirs.

It certainly looks sketchy that the BOD's response to his allegations was to terminate his membership, but for all I know, they opened their books to the members and had an independent audit done before terminating him.

I have never been a CMRA member or met anyone involved, but legally speaking, people can be assholes and still be right. They can also be morally right, and not have a legal basis to support their complaint.

 

Im sure this wont be settled until a trial.
I can say a little about nom profit member owned clubs.
Its designed so a member cant sue club.
And if you read by laws a member has certain rights.
The so called audit is not an itimize deal where everything was noted.
It was an IRS statement.
Now ive seen this from 2013 and a few others.
Ive also been racing or held a racing licence 27 yrs now.
All total 11 yrs with Cmra and 27 with Wera.
Also ive been a team mate with one of the former Treasurer of Cmra.
So i do have some insite to clubs workings back in 1994.
Go have a look at how many people go through the gates on any given weekend on each day.
Cause i have.
And please use the yearly Tax returns as a guide.
Then ask ones self about the contract you signed when becoming a member.
Then read by laws of the club which clearly states you as a member have access to books.
Then look at who and how many people have actually seen the books and not the
IRS tax returns?
Again going to be a good trial.
Just cause a judge desides to not rule in law does not mean judge made a good call.
They call that grounds for appeal.
But again why not ask the BOD why they just didnt answer the questions and led the club into this lawsuit if they had nothing to hide?
If you claim to know so much about non profit organizations then you know that an open book policy would have killed this in 1st place or would have been used to have this tossed at 1st court hearing.
Ask why.

Steven Isenhower #52

 

Don't remember saying I quit but if you thought I did and I was able to crush your hopes and make you cry from disappointment because I didn't well, my job is done.

 

Books were never opened to members, the 990s are publicly available. and I was shown a "P&L" that had maybe 10 lines on it, after raising hell for over a year.

 

Mr. Inge's case sure impressed that judge. I like the Judges wording when dismissing the defamation "Whether Inge is, for example, "a pain the the ass," or "a terminal non-conformist," is a matter of opinion.

 

Bahhhahhhahha.
Guess that what people are called when they see something thats not right these days.
Remember this.
Right is right and wrong is wrong.
Pretty simple.
Funny how no one brings up the roll the BOD played in all this?
And how many questions have the BOD answered in public about this case?
Why dont anyone ask how the BOD could have prevented all this and not out club at risk?
These are simple question are they not?

Steven Isenhower #52

 

1. Generally lawyers ALWAYS advise their clients to say nothing regarding a case to the public.
2. Lol as I've said before PI told me directly his plans was to sue the cmra and either bankrupt it or "take it over/ own it" whatever that means. Getting kicked out is irrelevant.

Looks like to me the judge threw out almost everything. Defamation is extremely hard to prove. Time to bury this horse.

Sent from my SM-G950U using Tapatalk

 

No...that time passed several months ago. Now some seem determined to beat the ground where the dead horse used to be.

 

The board has never produced the books and financials to anyone during this whole thing, well, other than Peyton, and only then because the CMRA was compelled to provide him with this information because the lawsuit he filed against the club demanded the CMRA to turn over what he was legally allowed to have by Texas law. When the CMRA refused him, he sued it. That looks suspicious right there. Texas law says that anyone, member of the CMRA or not, can request the books and records, and yet the CMRA told him no. Why would they do that?
If it was because they were hiding something, then uh-oh! But if it was because they simply didn’t want him to have that information because they had some kind of grudge, then that was stupid on their part because not providing the books and records of a non-profit is against the law.
Not giving him this information was probably reckless and the board should have known better. That alone should be enough for the membership to boot them out for being idiots not cable of the positions they hold.
Furthermore, the board members named in the lawsuit (and two are still on the board at this time) have refused to give the books and records to the sitting board so that those members can inspect them. After all, it’s CMRA money being spent on defense lawyers, right?
And even though there is no law or court order that prevents the board from allowing directors to have this information, they refuse to hand it over. Why would they do that?



Those quotes by CR750 are taken out of context. "A pain the the ass," and "a terminal non-conformist," are words written by the directors about Peyton. The judge didn’t say them herself, she is just using them as a case in point – she thinks they are opinion, and not fact.



And another thing – just because a judge makes a ruling doesn’t mean she’s right. It means that her decision is such, but that doesn’t mean her decision is the correct one. Judges get it wrong all the time, especially appointed ones who aren’t on the hook to the public for reelection. Her ruling that Peyton has no basis to sue the CMRA because he’s not a member is interesting, no? I mean, you get kicked out a club that requires you (according to this judge) to be a member to sue them for kicking you out and it’s determined that you can’t sue because you’re not a member? How convenient.
Just something to keep in mind here.

Steven Isenhower #52

 

Somebody steal VFR's logon?

 

If only there was prior case law establishing the basis for this decision we could consult... oh wait, there is and is referenced directly in the decision!

 

LOL....I had to make sure that wasn't Inge posting?

 

The rest is TL;DR. This part is