Comments on: 2nd Bay Creek Letter Clarifies (?) Deadline for Response https://capecharleswave.com/2014/01/2nd-bay-creek-letter-clarifies-deadline-for-response/ Your Online Newspaper in Cape Charles, Virginia Fri, 07 Aug 2015 21:55:09 +0000 hourly 1 http://wordpress.org/?v=4.1 By: Kathleen Kurgan https://capecharleswave.com/2014/01/2nd-bay-creek-letter-clarifies-deadline-for-response/#comment-31221 Fri, 17 Jan 2014 14:44:48 +0000 http://capecharleswave.com/?p=11122#comment-31221 I do not know how these letters could be considered “proper legal notice.” The very worst part of this is the use of legal terms that it takes a law degree to fully comprehend. All the claims in the massive lawsuit may be tied in to this settlement because the Complaint asserted several counts derivatively on behalf of the association members against the directors of Bay Creek HOA. These complaints will be dismissed “with prejudice,” which means that they cannot be brought against the defendants again in a civil matter. The homeowners were not the plaintiffs directly, but we may be being tied in without full disclosure or knowledge of all the claims.

I went to Virginia Beach Circuit Court January 16 to get a copy of the final settlement, and the clerk said the entire file had been checked out by an attorney. The attorney was not named in her records nor was there a date when the file would be returned. I would think that it would be customary to sign in and out when you take an entire file of a settlement. The Clerk of the Circuit Court’s office is not answering the phone so I still do not know if the file has been returned as of 9:40 a.m. Friday, January 17.

]]> By: Jack Richardson https://capecharleswave.com/2014/01/2nd-bay-creek-letter-clarifies-deadline-for-response/#comment-30383 Fri, 10 Jan 2014 00:12:03 +0000 http://capecharleswave.com/?p=11122#comment-30383 How can January 16 be 29 days after January 18? Cape Charles Magic?

Fixed, thanks. Yes, it’s that old Cape Charles magic — see the last 2 paragraphs of the following story for another example: http://capecharleswave.com/2013/03/analysis-judge-dismisses-old-school-lawsuits/ (The deed was subsequently re-registered.)
–EDITOR

]]> By: Steve Downs https://capecharleswave.com/2014/01/2nd-bay-creek-letter-clarifies-deadline-for-response/#comment-30358 Thu, 09 Jan 2014 18:59:34 +0000 http://capecharleswave.com/?p=11122#comment-30358 Guaranteed that first letter was intentionally not dated. The usual. . . .

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