The Upper Little Warm Springs Association Board of Directors has been named in a new lawsuit filed by Mary Kiernan. The Board has retained Tarver & Leininger LLP to represent the Association in this matter. (Our regular counsel, Davis & Canon LLP, was unavailable and referred us to Tarver & Leininger for this case.)
Background on the Dispute
The lawsuit relates to a records request Mrs. Kiernan submitted regarding ACC (Architectural Control Committee) actions for a specific time period. On August 4, 2026, the Board provided the requested information at the same level of detail that has been provided in the past, and at the exact same level of detail that will appear in the Minutes of the next Board of Directors meeting under the "Architectural Control Committee Report" section: the lot/address of the ACC application, the nature of the ACC application, and the ACC approval date.
Later that same day, Mrs. Kiernan informed the Board that she had already filed suit—note that the Board had not yet received formal Service of Process at the time the Board supplied the requested information, nor had the Board been aware that Mrs. Kiernan had already filed her suit.
In response, the Board respectfully requested that Mrs. Kiernan withdraw the lawsuit given that we had already provided the records she initially requested. However, Mrs. Kiernan demanded additional materials, including copies of drawings, correspondence, and emails related to ACC applications.
The Board declined to release these additional materials. Under W.S. 17-19-1602(f): "Nothing in this act pertaining to access to corporate records shall operate to violate the confidentiality of records, including patient files, personnel matters, disciplinary files, individual member files, client files, medical files or other files which are generally considered by law to be confidential or privileged." Among other reasons for declining, the Board believes that the contents of individual members' ACC applications constitute "individual member files" protected under this statute. Furthermore, none of the owners who filed ACC applications have provided consent for the release of materials related to their applications. These documents may contain proprietary designs, copyrighted drawings, and communications never intended for public distribution.
We will provide updates as this matter proceeds.
Disclaimer: This "Legal Update" notice is provided in good faith by the Board of Directors to inform members about pending legal matters affecting the Association. It represents the Board's understanding of the situation and is not intended as legal advice or as evidence in any legal proceeding. If you believe any factual errors appear in this notice, please contact: board [at] ulwsa [dot] org.