Henrie refiles case against five Shelter Bay board members

Shelter Bay resident Jan Henrie wants another day in court, continuing her lawsuit to stop the five Shelter Bay Community board of director officers from making financial decisions and to remove them.

Meanwhile, the board approved a lease agreement with the Swinomish Indian Tribal Community April 19.

Henrie’s March motion for injunctive relief in Skagit Superior Court was denied April 14. She filed a motion for reconsideration April 24, alleging Judge Laura Riquelme’s denial of her motion was “contrary to law, that substantial justice has not been done, and the Court's decision constitutes an abuse of discretion,” the filing states.

Defense counsel had not filed responses for executive committee members Wendy Poulton, Elaine Dixon Monte Hicks, Joseph Hurley and Louise Kari by May 1.

Henry’s lawyer, Paul Taylor, calls for the court to block the defendants by granting his motion retroactive to March, thereby reversing the board’s approval accepting the rent increase with the Tribe. He asks that injunctive relief be imposed and a court order prohibiting these board members from “any action,” specifically amending the Shelter Bay Master Lease with the Swinomish Tribe.

Taylor alleges Riquelme erred April 14, applying the “wrong standard of law,” ignoring the law and the facts of his arguments. His new brief is filled with citations of state law specifying the defendants are not acting in good faith, with the care of an ordinarily prudent person or in the best interests of the nonprofit corporation. He asks for injunctive relief under RCW 7.40.020.

Defense lawyers have until May 8 to respond.