As I mentioned earlier, David filed a motion to facilitate sale and filing of the receiver's report on Aug. 6. We filed an answer to the motion on August 15. The court ruled on Aug. 24 to sell the cottage to David. On September 6 we filed a motion for reconsideration. If anyone is lost in the time line you may reference everything by accessing the Saginaw County Circuit Court site and enter David Symons' name. It'll all come up. Pages and pages and pages.
On September 20 our attorney forwarded to us a letter that he received from Phillip Sturtz written to David Meyer dated Sept. 19th as well as a response to our motion for reconsideration. He also enclosed a copy of our answer to the new matter and affirmative defenses. He said "As you will note in the answer, a response to the motion for reconsideration is not allowed under the court rules. In filing such a response, plaintiff has violated the Michigan Court Rules". No big deal except you have to pay to respond and answer these crazy motions. The gist of their arguement was they wanted it sold NOW plus they were concerned about "payment of attorney fees for the Plaintiff for having to bring this suit pursuant to Court rule, and the Receiver's fees and costs to be deducted from the purchase/sale price.
While all this was going on, David Meyer was getting phone calls from a prospective bidder. In a letter addressed to counsel he relayed the concerns of the prospective bidder regarding the right of first refusal. He stated that "I explained that the right of first refusal was given to the Association..." He went on to say he'd had several letters from Mr. Sturtz asking to confirm that the right of first refusal in favor of family members continues. "I have not confirmed this, because I was concerned that by doing so it would jeopardize my ability to recieve additional bids."
We were actively in discussions with Mr. Meyer via the "third party". What we learned was rather astonishing and while the bid never did happen, it was not without serious consideration. What we got out of it?? A BIG FAT CASE for appeal.