Motion against Shelter Bay officers to be filed again in Superior Court

Shelter Bay resident Roberta Fontenot did not fair well in the preliminary injunction hearing she brought against the officers of the Shelter Bay Community board of directors in Skagit County Superior Court last Friday. While Judge Laura Riquelme permitted Fontenot to withdraw without prejudice her motion seeking an injunction against Elaine Dixon, Monte Hicks, Louise Kari and Wendy Poulton for breach of fiduciary duty, that seemed to be the only moment of the hearing that went the lawyer's way.

The court found that Fontenot had not properly served the complaints to the defendants or filed documents with the court. Fontenot noted this was her first civil case and that she "might have made some mistakes with the rules of civil procedures." She suggested a recess so she could go home to get proof of service and then properly file them.

Fontenot did not file affidavits of service to three of the seven board members named in the petition. She did not successfully serve the other four, needed to move forward with a case naming them as defendants.

Shelter Bay board members Judy Kontos and Dan McCaughan came to testify in support of Kontos' declaration of fact filed in November. Defense attorney Kyle Rekofke pointed out that was not allowed.

Rekofke called it "prosecution by ambush" and cited rules for oral testimony that were not followed. Fontenot owned her mistake even as she continued to interrupt the judge.

Rekofke pushed for the case to be dismissed with prejudice, arguing that her claim was not based in law or fact, asserting she did not follow the court's rules for filing the case.

Fontenot apparently convinced the judge of the merits of the case and that Fontenot has standing, as a member of the Shelter Bay Community, to challenge the board officers handling of the association's finances under the state's statutes.

Fontenot said, "There is no way that the officer, that the board of directors of a multimillion-dollar corporation owes no duty of care to the membership, that simply is irrational, it's in the law, it's in the bylaws,"

Rekofke, representing board of director officers Elaine Dixon, Monte Hicks, Louise Kari and Wendy Poulton, had failed to get the injunction dismissed Nov. 15 or require that Fontenot post bond to continue.

Several Shelter Bay residents watched the Zoom-available hearing. One observer said she "imploded" and "bumbled it horribly," calling it a train wreck. He noted the judge scolded and reprimanded Fontenot for interrupting.

Riquelme was critical in her final remarks, asking, "Is it proper procedure to interrupt the judge when you're in federal court? Is that something that's normally all right?"

The judge warned Fontenot "It's going to have to be significantly improved upon, in terms of demonstrating those standards, if this motion is going to be brought again."

Fontenot moved to Shelter Bay last spring from Louisiana where she had been an assistant federal public defender.

The officers, including Joe Hurley, and former board members Steve Swigert and Jack Galbraith are listed on the complaint Fontenot filed Nov. 7. The most serious of four charges is the breach of fiduciary duty,

Defendant Philip Buri's motion to dismiss his case is scheduled for 9:30 a.m. Dec. 15 before Judge Elizabeth Neidzwski. Buri has long been the Shelter Bay Community's attorney.