Homestead homeowners that had previously deposited funds in the Whatcom County Court Registry as part of the Hillius v. 18 Paradise, et al. litigation now have a mechanism to receive the return of their funds.

“This is a very good outcome for the former class members.” Stated attorney Jeffrey Possinger, attorney for MJ Management, in response to the Court’s order. “This process will ensure that monies owing [to the former class members] will get to the right people with the proper level of court oversight.”

On July 15, 2025, Judge David Freeman entered an Order on the Release of Funds, and clarifying the rights of previous homeowners who had made deposits to the Whatcom County Superior Court Registry pursuant to earlier orders entered in the case. Neither 18 Paradise nor MJ Management contested the right of these homeowners to have the return of these funds following the Court’s decision in July 2024.

The Court’s Order in relevant part states:

The Whatcom County Superior Court Clerk is authorized to release the funds contained in the registry to the individuals listed as former owners in documentation provided by the title company. The Plaintiff’s counsel are to provide any additional information that they have that will assist the Clerk in determining the current contact information for those individuals identified in the registry.

The Order (which can be viewed here), lists the names and credit balances on record with the Court Clerk, and set out that with proper documentation the Clerk is to release these funds to those individuals.

In entering the Order, the Court denied the request that Plaintiffs Counsel, Matthew Davis and K. David Andersson had made to have these funds released to them for administration and distribution to the various former class members. In denying this request, the Court entered an order consistent with the proposals made by counsel for both 18 Paradise, MJ Management, and the Intervenors.

Those homeowners identified on the list of names contained in the Court’s Order should contact the Whatcom County Superior Court Clerk to request their funds.  The Clerk can be contacted at (306) 778-5560, or at their page on the Whatcom County website.