In October, the Chamber's attorney (John Burns) sent two letters to the TCUC's attorney regarding the eviction. Letter dated Oct 7 and Letter dated October 20
The TCUC subsequently agreed to begin discussions with the Chamber regarding the lease, with first a moderator and then if that did not produce results with a mediator. TCUC board members managed to meet only twice with the Chamber and a moderator. No terms were agreed upon, but TCUC presented the Chamber with a very high-priced lease and demand to sign and pay on the TCUC terms with no further negotiations.
TCUC initiated an FED (Forcible Entry and Detainer) legal action against the Chamber in Fairbanks Superior Court Case 4FA-15-1930CI to forcibly evict the Chamber and a court hearing date was set for June 23rd, 2015. Here are the Court's log notes from that hearing. The judge did not at that time rule on the merits of the case, but felt there was sufficient evidence that the community's side likely would prevail. He named Lisa Conrad, the only board member that all agree was properly elected and seated, as trustee of the TCUC and ordered that all files, records, keys, etc., be turned over to her.
Up until this point, the old board had been represented first by attorney Zimmerman and then by Thomas Wickwire. Wickwire withdrew from the case and the old board substituted a new attorney, Elizabeth Hodes of Davis Wright Tremaine LLP of Anchorage.
Filed with the court on July 20, 2015, by Hodes, the new attorney for the TCUC (as represented by the Board who contends they were not removed from office by the membership): these papers
Filed with the court on August 12, 2015, by Zane Wilson, attorney for Lisa Conrad and the community: these papers which include "Opposition to TCUC's submission re July 9 election, Motion to late file Lisa Conrad's statement of position and Lisa Conrad's statement of position regarding the July 9 election," attachments relating to the June 19 trial, an affidavit by Zane Wilson, and a proposed Order Granting motion to late file.
On August 13, 2015, Elizabeth Hodes filed a partial opposition to Zane Wilson's filing. Partial opposition and proposed court order.
On August 17, 2015, Superior Court Judge McConahy issued this Order Granting Motion to Substitute, which basically names the entire newly elected TCUC board as the trustee for TCUC.
On August 21, 2015, Zane Wilson sent a letter and copy of the most current Amended Complaint and Answer thereto.
Elizabeth Hodes submitted 3 documents received by the court on August 24, 2015
On August 28, 2015, the court received additional documents from Elizabeth Hodes.
Filed with the court on September 1, 2015, by Zane Wilson: Motion for Summary Judgment and attachments.
On September 11, 2015, the court issued this Order Regarding Pending Motions, which among other things renames the parties yet again and sets a deadline of October 15th for the parties to conduct a meaningful planning meeting for the court trial and report to the court by October 16 with particular emphasis on when the parties think the case will be ready for trial and how long they think the trial will take.
On September 24, 2015, the judge signed an order granting an unopposed extension of time until September 25th to respond to TCUC 2's summary judgment motion.
Filed with court on 9/25/15 by Elizabeth Hodes for TCUC 1 (Woody Board) were a Proposed order, Affidavit, and Opposition to motion.
On 10/1/15 Elizabeth Hodes, attorney for TCUC 1 (Woody board) sent a letter offering a proposed settlement of the court case. Their offer basically says, okay, we'll give up our claims to the TCUC board seats, but the community through TCUC pays all attorney fees and court costs and agrees not to call us names or hold us accountable for any actions harming the community.
On 10/16/15, attorneys for TCUC 1 and TCUC 2 signed a notice of a tentative settlement in the case.
On November 17, 2015, Judge McConahy issued an order dismissing the case. That means the board elected by the community on July 9, 2015, is now officially recognized by the court as the correct TCUC board.