Shelter Bay court hearing April 14

Five Shelter Bay Community board of directors will get their day in Skagit County Superior Court April 14, but until then are restrained from taking any action on the organization’s master lease with the Swinomish Indian Tribal Community or destroying any financial records.

In a hearing Friday, March 31, Judge Laura Riquelme found “good cause to grant some requests, essentially temporary restraints” against the board’s executive committee: Wendy Poulton, Elaine Dixon Monte Hicks, Joseph1 Hurley and Louise Kari. Leasehold resident Jan Henrie is the plaintiff. Her March 15 civil complaint accuses them of violating their statutory fiduciary duty and malfeasance.

Riquelme found “there appears to be immediate and irreparable damage that could result by the time we get to the merits” of the case. She rejected defense attorney Kyle Rekofke’s arguments that there was no basis for imposing conditions and that the board should not be enjoined from making financial decisions.

Paul Taylor, Henrie’s lawyer, called the March 15 request for a temporary restraining order “critical” to prevent the defendants from passing decisions that would violate the master lease and “violate Washington law.” He claimed the situation for Shelter Bay’s residents is an “emergency” and that “for the last six months (the defendants) have been giving out misinformation and disinformation.”

The hearing was on Henrie’s motion for a preliminary injunction and the defendants’ motion for a continuance. Some 25 people attended, almost all via Zoom.

Rekofke noted his “clients have and will promise to govern within the law.”

Riquelme heard a similar case against these board members in December. Shelter Bay resident Roberta Fontenot had sought an injunction for breach of fiduciary duty. She permitted Fontenot to withdraw the complaint without prejudice, which means refiling was possible

The April 14 hearing will be at 9:30 a.m.