It is now a matter of hearing for the Judge of the Court Common Pleas of Delaware County Civil Division to decide whether or not the Grand Gedeh Association’s objections to impeached President Fred Gwyan’s lawsuit are sustained. Mr. Gwyan’s attorney has responded to the GGAA objections and praying the court to deny the objections proffered by the Association.
Mr. Gwyan filed a lawsuit on March 27, 2017 seeking declaratory judgment against the Grand Gedeh Association Board of Directors, its chair Isaac Bull Yonly, Secretary Leroy Beldeh, former Acting GGAA President Rancy Wright, and the GGAA Independent Elections Commission. Mr. Gwyan is seeking the strong arm of the Court to restore his rights and privileges as National President of the GGAA.
“This is an action to recover damages for breach of fiduciary duty and declaratory relief in connection with the systematic mismanagement and intentional disenfranchisement of the members of the Grand Gedeh Association in the Americas, Inc. by the defendants,” says Gwyan, by and thru his attorney.
The Declaratory Judgment Act, according to 42 Pa.C.S. § 7541, is a remedial statute that has as its purpose “to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations.”
For his lawsuit, the former president wants the court to take notice that the defendants breached their fiduciary duty to the GGAA, including its members, beneficiaries and plaintiffs; that Yonly and the National Board of GGAA violated the Association’s Constitution and By-laws in suspending and impeaching Plaintiffs, and that the defendants committed an impeachable offense under Article V, Section 3(g) by eliminating Plaintiffs Gwyan and Shar from the GGAA Bank of America account and changing the password and email of same in violation of Article X, Section 1(e) of the GGAA Constitution and By-Laws.
Mr. Gwyan also wants the court to overturn the suspension and impeachment of him and Jeremiah Shar; order that Plaintiffs are immediately eligible to hold a national or local elected office in the Association; that the Judge take note that the National Board is not the highest decision-making body of the Association in the absence of the National Conference; that a special conference be held to amend the GGAA Constitution and By-Laws to more clearly define the powers held by each of the principal bodies of the GGAA, and that the Court orders and impose costs of suit and such other and further relief as the court deems just and equitable.
But the GGAA objected to declaratory judgment lawsuit and prayed the court to denied Mr. Gwyan and others declaratory relief. In his objections filed with the Court of Common Pleas of Delaware County Civil Division, GGAA attorney told the court that lawsuit by Gwyan and others has deficiencies that did not meet the standard of law for consideration by the Court.
“Plaintiffs’ Second Cause of Action (Declaratory Relief) is legally deficient, based on Plaintiffs’ failure to state a claim upon which relief can be granted,” the GGAA lawyer said, “Plaintiffs’ Declaratory Relief …cause of action seeks relief based on presumed, and unproven liability.”
The GGAA then prayed the Court to deny the declaratory judgment suit with prejudice.
But on May 30, 2017, Gwyan and others filed their response to the GGAA Preliminary Objections. In his response, attorney for Gwayn and others requested the court to deny the objections and grant declaratory judgment to Gwyan and others.
