Dated March 21, 2007
Or... Stipulation for Entry of Order Establishing Procedure for Appraisal and Sale of Property
1. On or before March 25, 2007, the Plaintiff and Defendeants shall select two licensed real estate appraisers to appraise the subject property. One appraiser shall be appointed by Plaintiff, and the other appraiser shall be appointed by Defendants..
2. Each of the parties, through their coucnsel, shall notify the facilitator, David B. Meyer of the appraisers' identity on or before March 25, 2007.
3. The Facilitator shall recommend the appointment of a third appraiser on or before April 1, 2007.
4. Prior to March 25, 2007, each of the parties shall submit to the facilitator, in writing, any information which they believe should be provided to the appraisers appointed by the facilitator pertaining to the condition of the property. This will not, however, limit the information which is considered by the appraisers in determining fair market value of the property.
5. The appraisers shall complete their appraisals on or before May 15, 2007. Copies of the appraisals shall be provided to the facilitator and to all of the parties.
6. The following procedures shall apply following receipt of the appraisals:
a. Of the three appraisals, the appraisals with the lowest and hightest fair market value for the subject property shall be disregarded. The fair market value of the third (middle) appraisal, shall be the "Minimum Bid" for the property.
b. and c. This document goes on to outline the process for notifying the camp, notifying assoc. members, etc. of said sale and dates that bids must be received by. It also asked for each party to prepare of list of items (personal property) which each desire upon sale of property.
Did any of this happen? No. The "facts" that the other party prepared regarding the condition of the property is truly amazing. Because of the landlocked position of the property and the fact that a buyer would have to "buy in" to the association didn't look too appealing to any buyer. The list went on and on... The point here folks... Facts don't apply. We were in the hands of the "facilitator" and the process was to be followed. (at least by the plaintiff and defendants). At this point in time, we couldn't do anything except what was asked. Why did this mess drag out so long?? We did APPEAL. I will discuss that soon. It bought us time but... again..without a final order??? The gods of the "Appeal Gate" tossed it back.