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Emerald Valley BMX <br /> Re: Emerald Valley BMX / Snooks / ABA <br /> April 5, 2004 <br /> Page 4 <br /> to lapse when Mr. Snook did not renew it. The ABA letter contained inaccuracies which <br /> likely influenced the City in refusing to deal with anyone other than Mr. Snook, particularly <br /> when it identified him as the owner of the ABA sanction agreement instead of the <br /> organization itself, and when it referred just to disgruntled parents without acknowledging <br /> that they were members in the organization and as such entitled to a voice. <br /> Claims of this nature are difficult to prove. <br /> GENERAL <br /> Emerald Valley BMX is also faced with potential issues arising out of the Statute of <br /> Limitations for these various claims. Fraud claims are barred 2 years from the date of <br /> discovery. Breach of contract claims are barred 6 years from the date of the breach. If you <br /> do wish to take action it should be taken quickly. <br /> I conclude that reporting to governmental agencies will generally be ineffective. I <br /> note that the Attorney General has already referred the matter to the Internal Revenue Service <br /> and the Department of Revenue. I do not know if anything has taken place as a result of <br /> those referrals. <br /> I believe the only avenue Emerald Valley BMX has open to it is civil litigation. As <br /> set forth above, that litigation could be expensive and time consuming. <br /> Emerald Valley BMX can assign any claim it has to a third party. The terms of that <br /> assignment would need to be worked out between Emerald Valley BMX and any third party, <br /> in terms of compensation. The third party does not have to be a member of the organization, <br /> and the consideration for the assignment could be nominal. <br /> The last possibility is to file a claim in Small Claims Court. Small Claims has <br /> jurisdiction of up to $5,000. If the claim is more than $750, the defendant could require the <br /> case to be removed to Circuit Court where it would have to be handled on a formal basis. <br /> Small Claims has exclusive jurisdiction of cases involving $750 or less, and attorneys are not <br /> permitted to appear in Small Claims Court. <br />