August 4th, 2009 6:04 PM

Message from William (Bill) Harper, President, DIPOA

Dear friends,

Information concerning the lawsuit the Dauphin Island Property Owners Association and James W. Hartman initiated almost a decade ago against the United States of America, including the United States Army Corps of Engineers, plus the State of Alabama is no longer confidental. Effectively, the DIPOA/Hartman lawsuit/settlement and it's addendum(s) agreeing to a settlement against the USG is almost over. We have a fairness hearing September 15, 2009 in Mobile where a Federal Judge will review settlement documents negotiated over the last six months and hopefully concur with what all the parties have agreed to.

After considering all of issues and options available, the Board of Directors unanimously agreed to a settlement of the lawsuit under the terms of the settlement agreement which must be approved by the Court. The settlement agreement reached in the Corps lawsuit, if approved, will put an end to years of litigation and will likely avoid more years of litigation and uncertainty. This lawsuit and other litigation has been an obstacle to moving forward with efforts to secure projects that will restore Dauphin Island. We are hopeful that once this settlement is finalized, the Town of Dauphin Island can continue to work with our local, state and federal representatives to accomplish the goal of restoring dauphin island as an effective gulf coast barrier island as soon as possible.

A copy of the settlement agreement will be available on our website shortly, www.dipoa.com

All members of the class action, some 1,500 DIPOA members who signed on in 2005, will be receiving packets in the mail outlining the Litigation Settlement Agreement, including additional addendums and notification in writing of the hearing on September 15, 2009.
If you have any comments or questions, e-mail me at dipoaoffice@skyynett.com

Respectfully,

William (Bill) Harper
President
DIPOA

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