Current Litigation
Walkinshaw, et al v Double-Diamond-Delaware, et al
This lawsuit was filed on behalf of a group of White Bluff property owners. The defendants include the developer, Double Diamond, certain Double Diamond executives, the White Bluff Property Owners Association and individual WBPOA Board members who were serving on the Board at the time the suit was filed.
The plaintiffs contend that the WBPOA should not be using a portion of POA maintenance fees to maintain the two golf courses at White Bluff. The plaintiffs also asserted that the Food and Beverage Credit Program should be removed as it was detrimental financially to property owners who did not regularly access the property. The plaintiffs also asserted that Double Diamond used high pressure sales tactics in selling Double Diamond-owner properties. The above is meant only to outline the general issues in the lawsuit from a layman’s perspective. The lawsuit is being tried in Dallas County, and anyone interested in the legal specifics and pleadings can go to the court records and obtain that information.
The judge in the case previously issued a Summary Judgment in favor of the plaintiffs. She did not award any monetary damages to the plaintiffs (disgorgement). However, most of the plaintiffs have been paying their POA maintenance fees to the court, and they are being held in the court registry. Periodically the court will release some of the maintenance fees to the POA. The fees retained by the court are those deemed to be attributable to golf course(s) maintenance.
Plaintiffs’ lawyers filed a similar case in Hidalgo County. This suit basically contended the same things, and the plaintiffs were granted a Summary Judgment. Double Diamond and the POA appealed the judgment. The appeals court reversed the judgment on the basis that the case was being tried in an improper venue (location- South Texas). The plaintiffs in the Hidalgo County case have been moved to Dallas, and they have joined the Dallas plaintiffs.
Updates to the Walkinshaw lawsuit
Hill County Case
The White Bluff POA filed suit against Double Diamond asking the court to rule on two issues.
Declarancy
Golf course(s) maintenance
It is the contention of the POA that Double Diamond/Mike Ward should transfer all declarancy rights to the POA. Declarancy allows the declarant to unilaterally change the Covenants & Rules and the By-Laws. The POA feels strongly that not only is it past an appropriate time for letting property owners make their own decisions regarding the resort, but that retention of these rights by DD/Mike Ward for over 26 years violates Texas law.
The POA is asking the court for guidance in paying for the maintenance of the two golf courses. Double Diamond and the POA entered into a 25-year maintenance agreement in 1990. This agreement stipulated that the POA would maintain the golf courses using POA maintenance fees collected from property owners. This agreement expired 12/31/2015. The POA and Double Diamond signed a 6-month extension at that time because of ongoing negotiations in which the POA was attempting to purchase the WB assets from Double Diamond. At the end of the 6- month extension period Double Diamond refused to sign another extension.
The POA has continued to maintain the golf courses without a maintenance agreement and is asking the court for guidance in what to do.
Updates to the Hill County Case
Hill County Case re. Election
In June 2017 Double Diamond filed a lawsuit against your POA in Hill County District Court. It seeks a Temporary Restraining Order, Temporary and Permanent Injunctive Relief regarding what Double Diamond contends was an invalid election of Directors at the Annual Meeting on May 20th.
Updates to the Hill County Case re. Election
Justice of the Peace Case re. Election
- Decision Under Appeal by Double Diamond
In June 2017 Double Diamond filed another lawsuit against the WBPOA. Unlike previous suits filed and pleaded in Hill County District Court, Double Diamond filed this lawsuit in the Justice of the Peace Court in Whitney, TX.
The lawsuit is seeking copies of all proxies, whether considered valid or invalid, used in the election of Directors at the May 20th Annual Meeting.
Updates to the Justice of the Peace Case re. Election
Hill County Case re. Parking Access - SETTLED
In June 2017 the WBPOA filed for a Temporary Restraining Order this afternoon in Hill County District Court. The TRO requests that the court prohibit Double Diamond from limiting or blocking access to public parking areas at the Lighthouse Restaurant and in and around the Conference Center, the Spa, Fitness Center and the playground area. This would be applicable to the Independence Day Celebration being held by the POA on Saturday, July 1st at the Cascade Pool and parking lot.
Updates to the Hill County Case re. Parking Access
Hill County Case re. Property Titling
In September 2017 the POA filed a discovery lawsuit in Hill County District Court. There are no allegations being made. The POA is asking the court to require Double Diamond Vice President, Randy Gracy, to be deposed. The POA is seeking information about property titled in the name of the POA on which Double Diamond Utilities operations are located.
State of the White Bluff VFD
