Judge dismisses TCT suit

The Fifth Judicial District Court out of Park County has entered summary judgment in favor of Neil Schlenker, Chris Davidson, Steve Harper, Dalin Winters, Clifford Alexander, J.O. Sutherland, Daniel Greet, John K. Johnson, and Tri County Telephone Association, together with its affiliated companies, dismissing the class action lawsuit filed against those defendants and pursued by Joe Campbell, Barbara Campbell, and William (Bill) Loveland.

In their lawsuit, the Campbells and Loveland made accusations that TCT was acquired through a scheme of fraud, deceit, and collusion.

While noting the repeated arguments of Plaintiffs filled with what was characterized in the order as “vitriolic assertions, beliefs, and opinions regarding the issue of fraud,” the Court determined that Plaintiffs had failed to show any evidence that fraud or other wrongful conduct occurred. The Court’s order dismissing the class action states that “Plaintiffs have failed to present specific facts demonstrating that a genuine issue of material fact exists as to intentional torts or illegal acts.” The Court’s order states that the “Plaintiffs must provide some measure of proof, evidentiary facts to support their position and overcome the business judgment rule, which they have failed to do.”

TCT released a statement saying, together with its parent company, BHT, is pleased with the court’s ruling. “Having intimate knowledge of the extraordinary and honest efforts of all involved in the transaction, TCT has vigorously defended this litigation with the expectation of receiving an order dismissing the claims which were brought by the Plaintiffs without factual support. The court’s recent order is seen as full vindication of the honest and diligent efforts of the former officers and directors to negotiate and present to the cooperative members, for their approval, a transaction in the interests of those members, the company, and our community.”