On March 14, the board of directors for the Four Way Ranch Metropolitan District 1 held a public hearing to vote on the exclusion of about 321 acres of property from District 1. The property is commonly referred to as the Waterbury property. At the same meeting, the board also held a public hearing to vote on the inclusion of the Waterbury property in the newly formed Four Way Ranch Metropolitan District 2.The following board members were present at the meeting: Peter Martz, president; Robert Elliot; Deborah Elliott; and Tracy Lee. Linda Johnson Conne, director, was present via phone but did not participate in any votes. All board members for District 1 are also the board members for District 2.Barbara Vander Wall, legal counsel for both District 1 and 2, said she had received objections to the exclusion from 23 different families, all of which were similar.After the first public hearing, the board entered into an executive session, then returned to vote. The motion to exclude the Waterbury property unanimously passed, with Martz abstained and Conne unable to vote. The board also unanimously passed a motion to include the Waterbury property in District 2, with Martz abstained and Conne unable to vote.Bill Ankele, shareholder with White Bear Ankele Tanaka & Waldron Attorneys at Law, attended as a representative for a property owner in District 1. He said there was a clear conflict of interest in allowing the Waterbury property to be excluded from District 1, and he said the board was not meeting its fiduciary obligation and duty to the residents of District 1.ìThere is nothing on this agenda that shows you are acting in the best interest of District 1,î Ankele said.Brian Matise, attorney with Burg Simpson Attorneys and Counselors at Law, attended as the representative of his clients who are other property owners in District 1. He said he objected to the entire meeting because the board members failed to adequately disclose any conflicts of interest.ìIt is my understanding that many of the directors have an interest in an LLC affiliated with the Waterbury property,î Matise said.Editorís note: The NFH will follow up in May with the attorneys for the property owners.
