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CARTEN v AMERICAN SOCIETY OF APPRAISERS Click to find out why . . .



Keywords & Phrases
CaseNo: C.A. No. 16,118, CourtName: ITS FORMER EXECUTIVE COMMITTEE, BOTH INDIVIDUALLY AND DERIVATIVELY UNDER COURT OF, Plaintiff: CARTEN, State: DE Delaware, UniqueCaseRef: DE>CC>00016118, Complaint, Asa, Allege, Executive Committee, Injunction, Alasko, Breach, Appraisers, Del, Damages, Dismiss, Ethics Complaint, Chancery Rule, Failure, Mandatory Injunction, Duty, Motion, Supr, Credentials, Harm, Fiduciary Duty, Contract, Dues, Nonprofit, Directors, Money , ContentID: 120239801

Case Documents
1 1999-07-30 LETTER OPINION
[ see first page and extracted highlights below  ] ItemID: 100422
6 pages
PDF
Total Documents: 1 document , 6 pages
Price: $ 19.95


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1 . LETTER OPINION

EXTRACTED KEY WORDS
MEMBERS
COMPLAINT
ASA
ALLEGE
EXECUTIVE COMMITTEE
INJUNCTION
ALASKO
BREACH
APPRAISERS
DEL
DAMAGES
DEFENDANTS
DISMISS
COURT
ETHICS COMPLAINT
CHANCERY RULE
FAILURE
MANDATORY INJUNCTION
DUTY
MOTION
SUPR
CREDENTIALS
HARM
FIDUCIARY DUTY
CONTRACT
DUES
NONPROFIT
DIRECTORS
MONEY
                                                           C OURT  OF  C HANCERY
                                                                   OF THE
                                                            STATE  OF  DELAWARE


JILLIAM   B .   C H A N D L E R   III                          July 30, 1999                    T H
         CHANCELLOR                                                                                

                                                                                             G E O





          Kevin G. Abrams
          Richards Layton & Finger
          One Rodney Square
          P.O. Box 551
          Wilmington, DE 19899

          Robert J. Leoni
          Mason Ketterman Morgan & Shelsby
          200 Continental Drive, Suite 109
          Newark, DE 197 13

                                         Re: Carten, et al. v. American Society of Appraisers, et
                                               Civil Action No. 16118

          Dear Counsel:

                          This is my decision on the defendants' motion to dismiss. The plaintiffs

          matter are "dues paying . . . members" of the American Society of Appraisers (ASA),

           a Delaware nonprofit association.' They have brought this suit against the ASA and

          its former executive committee,' both individually and derivatively under Court of

           Chancery Rule 23.1. The complaint alleges that a member of the  ASA, Richard

          Alasko, conducted an appraisal for one party in a Colorado divorce action in 1990.

          The other party in that litigation, William Foxley, filed a grievance with the ASA


           ' Am. ComI>l. at 77 2-3.

           ' Am. Com:pl. at lTll 5-14.

SNIPPETS:
  • This is my decision on the defendants' motion to dismiss.
  • matter are "dues paying.
  • members" of the American Society of Appraisers (ASA),
  • its former executive committee,' both individually and derivatively under Court of
  • The complaint alleges that a member of the ASA,
  • Alasko, conducted an appraisal for one party in a Colorado divorce action in 1990.
  • plaintiffs in this action contend that the executive committee and its ethics panel
  • On a motion to dismiss for failure to state a claim, I accept, as I must, all wellpleaded
  • Perot, Del.
  • Supr., 498 A.2d 1099, 1104.
  • they are members failed to pursue adequately a charge of ethical lapses by another
  • The complaint also seeks to enjoin the ASA from permitting Alasko to run for the position of
  • Court of Chancery Rule 23.1 permits a derivative action to be brought by
  • While the plaintiffs allege that the executive committee
  • to the ethics complaint against Alasko has damaged the plaintiffs individually.
  • membership) enhancement of their credentials as individual appraisers.
  • A.2d 3 19, 330 (where plaintiff has suffered "special harm," claim is individual
  • The plaintiffs allege breaches of fiduciary duty on the part of the defendant
  • a fiduciary duty to the nonprofit association.
  • What remains of plaintiffs' complaint is a suit for money damages allegedly arising
  • from breach of contract.
  • In such a case, the members, as the objects of the fiduciary duties of the board of
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