On May 8, 4-Way Ranch Metropolitan District 1 participated in an election for the two homeowner/resident seats on the districtís board of directors. District residents also voted on a ballot measure to recall the three developer-directors from the board.Developer-directors Linda Johnson-Conne, Robert Elliott and Deborah Elliott were recalled by a margin of 54-8, 56-6 and 56-6, respectively. Kevin Campbell, Kristen Andrews and Stewart Anderson will take over those three seats on the board. David Learn and Andrew Westra defeated former board members Peter Martz and W. Tracy Lee for the homeowner/resident seats on the board.The recall effort was initiated prior to a complaint filed by Brian Matise, attorney with Burg Simpson Eldredge Hersh & Jardine, P.C., on behalf of 30 residents of 4-Way Ranch Metro District 1. The complaint was filed April 11, against the district itself, the five board members and 4-Way Ranch Joint Venture LLC.According to the May issue of The New Falcon Herald, ìthe complaint is basically a legal proceeding that challenges the actions taken by the 4-Way board at their March 14 meeting, when they voted on the following: to exclude an undeveloped portion of the 4-Way Ranch property, commonly known as Waterbury, from District 1; and then include that same property as part of 4-Way Ranch Metropolitan District 2; along with conveying the services provided by District 1 to District 2.îAt the same meeting, the District 1 board voted to also represent District 2 as its board of directors.In the article, Matise said the developers of 4-Way Ranch, including all the board members, have various complicated dealings with each other. When Waterbury was transferred to District 2, it gave the board the ability to control everything between both districts and also to prevent District 1 from being able to survive financially.On April 23, Colin Mielke, attorney with Seter & Vander Wall, P.C., filed a motion to dismiss the complaint on behalf of the metro district and the individual defendants. However, on May 14, Matise filed a response to the motion to dismiss, and also filed an amended complaint, citing the board of directors of 4-Way Ranch Metropolitan District 1 as an additional defendant.Among other things, the amended complaint cited a failure on the part of each former board member to reasonably disclose the financial interests or nature of the conflicts of interest between themselves and the transactions they were about to approve.Matise said the amended complaint is in the court system awaiting a decision. ìWe just want to restore District 1 to the condition it was in and contemplated under the service plan,î he said.
