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Marc Colen
Marc Colen, Attorney
Category: Business Law
Satisfied Customers: 9
Experience:  25 years experience, state and federal litigation, intellectual property, business law.
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I am vendor and stockholder in the Oregon Growers assoc which

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I am vendor and stockholder in the Oregon Growers assoc which consist of a group of vendors (farmers) selling product wholesale to business's at the floral Wholesale market in Portland Oregon. How do I enforce the current bylaws that the board members will not address or enforce. The first rule in the bylaws state the vendors must grow 80% of their product they sell. Unfortunately this is not enforced and only the new vendors are having to abide by this rule. The board members say the "older" vendors have been unofficially grandfathered in and do not have to grow any of their product (zero). This is not stated anywhere in the bylaws. This has created an unfair advantage for the older vendors and a lot animosity in the work place. I have the overhead costs (farm mortgage, labor, etc) of growing my product when other vendors have none. In fact, the older vendors are attempting to put me out of business by duplicating my product and flooding the market with it. Sounds like Walmartism.
The other board members must obey the bylaws; the bylaws are a written document and some nonsense about unofficial grandfathering of older members is worthless. When they signed the agreement they agreed to it.

If they had you sign up after being told that the bylaws controlled the association then you have a strong fraud case against them which may result in a substantial punitive damage award, which can be as much as 9 times the base value of the case. Even if that were not the case, the other members owe you a fiduciary duty. This may also bring a high punitive damage award.

Because of the large punitive damages the defendants could suffer you may be able to settle this case readily. There are some very good attorneys in Portland that can help you with this.

Good luck!

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