Southgate Exit Closure

· December 5, 2006 Instructed by the Picayune City Council to close the Southgate exit within 10 days. Reasons given were HAWL was in violation of our own covenants, HAWL was in violation of an agreement with city on this exit, and road safety concerns. As advised by the council, we contacted our county supervisor, Bettye Stockstill, for assistance in this matter.

· December 14, 2006 After researching and determining all claims were unsubstantiated, HAWL’s attorney mailed a letter to the city’s attorney, mayor, and councilman requesting to discuss this matter. A response was not received.

· December 15, 2006 HAWL closed the Southgate exit.

· January 3, 2007 By telephone, HAWL and the city manager discussed that the continued use of the exit for one way traffic did not require any additional work. However, future use of two way traffic would require more intensive work in the shoulder area closest to the gate. HAWL offered their assistance in this area.

· January 12, 2007 HAWL mailed a letter to the city’s manager, mayor, and councilman again requesting to work together in this matter and offered assistance in upgrading certain areas deemed problematic. The letter also stated the exit would be opened on January 29, 2007. Additionally, all attempts to reach the city by telephone were unsuccessful. The city did not return any of the numerous messages that HAWL left.

· January 26, 2007 The city manager finally contacted HAWL and requested we delay the January 29^th opening so that we could sit down in a meeting to discuss. In a show of good faith, HAWL postponed the opening to January 30^th.

· January 29, 2007 During the meeting, the city manager stated HAWL needed to get the county’s cooperation in making certain repairs on Cooper Road. A meeting was planned for January 30^th with HAWL, the city, and the county. HAWL requested the exit’s reopening “as a show of good faith” until the matter could be resolved. The city manager stated this was a fair request and would get back with HAWL by the end of the day. However, the city failed to follow-up with us.

· January 30, 2007 HAWL opened the Southgate exit. Because of this, the city refused to come to the planned meeting with the county. Nevertheless, the meeting still occurred between HAWL and the county. It was during this meeting that a barricade was placed by the city, thus preventing use of the exit.

· January 31, 2007 Picayune Police patrol car consisting of two patrol officers was manned at the Southgate exit from 6:30 am to 8:30 am.

This Southgate exit was officially platted and accepted by the county in 1969. Unfortunately, due to the city’s refusal to work with the county and HAWL in a collaborative manner, HAWL will now need to take this mandatory closure of the Southgate exit to legal action. We apologize for any inconvenience this has caused our property owners. However, you can rest assured that HAWL will continue working on this matter for now and for the future use of this gate.

Bruce Devillier

General Manager

HAWL BULLETIN

February 2008

RE: Southgate Exit Closure

Timeline of Events – Update #2

· February 2007 - Hired attorney to research options.

· February 2007 – Pearl River County paid for engineering firm to see what improvements were needed. After many requests from the county to the city to work this out, the city refused.

· August 2007 – HAWL met with our attorney, the city manager, the city attorney, and PRC officials to work this out. The county offered to conduct a two week survey of car traffic at both the main gate and Cooper Road. However, the city manager informed our attorney that the Picayune Council did not grant the county’s request to conduct the survey.

· September 2007 - HAWL filed a lawsuit against the City of Picayune.

· October 2007 – Picayune Council met in executive session and issued an order prohibiting HAWL from using the Southgate (except in emergency situations). This was the first time a formal action was taken by the City of Picayune. Before this action, they refused to speak to HAWL.

· October 2007 – Picayune filed with Chancery Court to dismiss the lawsuit filed by HAWL.

· January 2008 - Judge Johnny Williams denied a request by the City of Picayune to dismiss the lawsuit filed by HAWL. Our attorney asked the court to order that the road be opened. The Court ruled that the chancery court matter would proceed or, the Judge would transfer the chancery court matter to Circuit Court if Picayune agreed to allow HAWL a full trial in Circuit Court. Picayune would not agree to allowing HAWL a full hearing in Circuit Court so Judge Williams denied Picayune’s request to dismiss the Chancery court proceeding. Picayune has promised to appeal the ruling by Judge Williams. That appeal would be to the Mississippi Supreme Court.

· Our attorney’s goal is to fight this matter in only one court rather than in two different venues Their plan is as follows:

1. File a Motion in the Circuit Court proceeding requesting a full trial on the issue of the alleged closing of Copper Road ( We hope to have that Motion argues within 30 days)

2. If we are successful in the Circuit Court, then the appeal of the Chancery Court matter would be dropped.

3. If we are not successful in Circuit Court, then we will defend the appeal from Chancery Court.

Bruce Devillier

General Manager