Shelter Bay officers in court Friday for injunction hearing

The officers of the Shelter Bay Community board of directors have a hearing in Skagit County Superior Court Friday to contest a preliminary injunction imposing a restraining order against them. The court ordered the hearing when plaintiffs Roberta and Wesley Fontenot filed a motion Nov. 16 against defendants Wendy Poulton, Monte Hicks, Louise Kari and staff they direct. The Fontenots asked for an emergency restraining order, concerned over the safety of funds in Shelter Bay accounts. They asked they court to "mitigate ongoing damage."

The defendants' lawyer filed a motion opposing the temporary restraining order the same day. Their request that the court deny the motion was turned down.

Their attorney, Kyle Rekofke, argued the Fontenots' evidence is speculative, that they "have not established that a real and actual injury will occur;" "have not demonstrated any legal or equitable right individual to themselves, nor have they connected any irreparable harm or immediacy which is required for such extraordinary relief." Rekofke asked the court to have the Fontenots post a $100,000 bond.

The court denied the bond pending Friday's hearing.

The court was not persuaded by Rekofke's nine page brief criticizing the motion for "blatant procedural rule violations."

He argued that the accusation these board members misused funds will "cause them immense reputational harm."

The issues raised will all be presented at the oral hearing in court Friday.

The complaint the Fontenots filed in Superior Court Nov. 7 asked for "damages arising from legal malpractice, breach of fiduciary duty, assault, defamation, and intentional infliction of emotional distress, including but not limited to incidental and consequential damages, in an amount to be proven at time of trial." Shelter Bay attorney Philip Buri is accused of "by intentionally providing incorrect legal advice to the Board in order to assist them in violating their fiduciary duties to the residents of SBC Inc."

Buri filed for dismissal, arguing he represents the organization, not its individual members.

The officers, including Joe Hurley and Elaine Dixon, and former board members Steve Swigert and Jack Galbraith, president in 2021-2022, are also listed on the complaint.

Board member Judy Kontos, elected in May by Shelter Bay residents, filed a nine page, 26 point declaration in support of the Fontenots with the court Nov. 15.