Court Finds In Favor of Halcyon Lodge

After two years, the Halcyon Lodge case in Cleveland is at last winding down through the courts. The court seems to have sided against the Grand Lodge of Ohio, finding that the lodge followed the provisions of its bylaws when it voted to split from the GL in November 2007. (Halcyon Lodge is now a part of the Grand Orient of the US.)

Today, the following docket information was listed on the Cuyahoga County Court site, Case #649002:

DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT ARE GRANTED IN PART AND DENIED IN PART. SUMMARY JUDGMENT IS GRANTED IN FULL AS TO NON-OFFICERS MICHAEL HOWARD, JOEL MICHALEK, CHRISTOPHER MICHALEK, TOME COSTE, HALCYON CHARITIES. SUMMARY JUDGMENT IS GRANTED IN PART AS TO DEFENDANT OFFICERS CHRIS SNOW, TODD WARMINGTON, LYNN ERIC CHIPPS, SCOTT KELLY. ONLY ISSUE THAT REMAINS FOR TRIAL IS RETURN OF "PERSONAL PROPERTY MASONIC IN NATURE AND UNPAID DUES." ALL OTHER CLAIMS FAIL. DEFENDANTS OWED NO FIDUCIARY DUTY TO GRAND LODGE AND DEFENDANTS ACTED IN GOOD FAITH TO PRESERVE ASSETS OF LODGE. THE COURT FINDS THAT THE VOTE TO TRANSFER ASSETS WAS DONE IN ACCORDANCE WITH BYLAWS. IN REGARDS TO NOTICE, ALL HAD NOTICE OF THE STATED (NOT SPECIAL) MEETING AND NO EVIDENCE WAS PRESENTED THAT ANYONE COMPLAINED. THE COURT ALSO DETERMINES THAT WRITTEN NOTICE OF THE ACTION WAS NOT REQUIRED BEFORE THE VOTE ACCORDING TO BYLAW 21.04, WHICH REQUIRES NOTICE ONLY FOR SPECIAL MEETINGS NOT STATED MEETINGS. FINALLY, THE COURT CONCLUDES THAT BYLAW 9.01 IS NOT APPLICABLE AS "ANY OTHER SUCH POLICY OF TEMPLE OWNERSHIP *** SUBMITTED TO TEMPLE COMMITTEE" AS THE ACTION WAS NOT FINANCING OR CREATING INDEBTEDNESS. PRE-TRIAL SET FOR 01/12/2010 AT 02:45 PM. PRETRIAL SET TO SCHEDULE ADDITONAL COURT DATES INCLUDING TRIAL DATE. CLPAL 12/22/2009 NOTICE ISSUED