Question
From 2008 to 2016, Harris was a director of Northeast Harbor Golf Club, Inc. (the Club), a Delaware corporation. The Club owns and operates an
From 2008 to 2016, Harris was a director of Northeast Harbor Golf Club, Inc. (the Club), a Delaware corporation. The Club owns and operates an 18-hole golf course in Northeast Harbor, Maine. Throughout her time on the board, the Club had continuous financial difficulties. Occasionally, the board discussed developing various parcels of real estate it owned surrounding the golf course to raise money, but never did so, despite Harris being in favor of such actions.In 2012, because he knew she was affiliated with the Club, a man contacted Harris regarding property adjacent to the golf cou rse that was for sale. She told individual board members of her intentions to purchase the land at the time but did not formally disclose the purchase until 2013, saying she had no current plans to develop the land.In 2014, she began making plans to develop homes on the property. A majority of the board took no action, but some board members formed an organization to oppose the development. In 2016, there was increasing concern regarding her development, and she was asked to resign from the board.The board is considering suing Harris. They consult you about a possible cause of action under state corporate law and the likelihood of success.
Question: What do you tell them? Make sure you explain the reasoning behind your advice.
I also need relevant Laws regarding these issues. (Maybe in MBCA and DGCL)
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