How do we get the backhoe back into our (the company) possession on company property, perhaps a request/demand for its return by majority membership? 8 Answers as of April 07, 2014

We have a small mutual water company and the new president has taken our backhoe off our company storage property and took it to his own property where we do not now have access to. He is now subcontracting out all backhoe work at a great expense.

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Stephens Gourley & Bywater | David A. Stephens
Make a demand and then elect a new president who can get it back.
Answer Applies to: Nevada
Replied: 4/7/2014
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
The board of directors needs to fire him. Get the company lawyer to send a demand letter, then file a police report.
Answer Applies to: Michigan
Replied: 4/7/2014
Candiano Law Office
Candiano Law Office | Charles J. Candiano
Have an attorney write him a letter, threatening an injunction. If it is not returned AND the cost of the contracted work refunded to the company, File an action for injunctive relief. You MUST be able to demonstrate that the cost of labor, maintenance , and insurance for the backhoe is cheaper than the cost of subcontracted work.
Answer Applies to: Illinois
Replied: 4/4/2014
Fluhr & Moore, LLC | Steven S. Fluhr
Sounds like the board should think about firing the president.
Answer Applies to: Missouri
Replied: 4/4/2014
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
You go to the Board and ask them to act.
Answer Applies to: Iowa
Replied: 4/4/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    If the backhoe is owned by the company and the president of that company is using it for his own purposes, then the president is in breach of his ficuciary responsibilities and the board can fire him, have him prosecuted for theft and sue him for conversion and loss of use value.
    Answer Applies to: New York
    Replied: 4/4/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Can't you sit down and have a word of prayer with the fellow? You can always sue him but is a backhoe worth it? Why don't you unelect him?
    Answer Applies to: North Carolina
    Replied: 4/4/2014
    Gates' Law, PLLC | Thomas E. Gates
    Do a recall of the President or have the Board pass a resolution to bring him back in line.
    Answer Applies to: Washington
    Replied: 4/4/2014
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