ALICO
ANNOUNCES RECEIPT OF SERVICE FOR A SHAREHOLDER DERIVATIVE ACTION FILED BY FORMER
DIRECTOR BAXTER TROUTMAN
La Belle,
FL., October 29, 2008 -- Alico, Inc. (NASDAQ: ALCO), a land management company,
announced today that it has been served with a shareholder derivative action
complaint filed by Baxter Troutman against J. D. Alexander and John R. Alexander
which names Alico as a nominal defendant. Mr. Troutman is the cousin
and nephew of the two defendants respectively and is a shareholder in
Atlanticblue, Inc., a [50.6%] shareholder of Alico. From February 26,
2004 until January 18, 2008 he was a director of Alico. Although his
complaint does not provide much specificity, he appears to allege that J.D.
Alexander and John R. Alexander committed breaches of fiduciary duty in
connection with the proposed merger of Atlanticblue into Alico which was
proposed in 2004 and withdrawn by Atlanticblue in 2005. He also
appears to allege, among other things, that the merger proposal was wrongly
requested by defendants J. D. Alexander and John R. Alexander and
improperly included a proposed special dividend; and that the
Alexander’s sought to circumvent the Board’s nominating process to insure that
they constituted a substantial part of Alico’s senior management team and these
actions were contrary to the position of Alico’s independent directors at the
time causing a waste of Alico’s funds and the resignations of the independent
directors in 2005. As a result the complaint is seeking damages to be
paid to Alico by the Alexander’s in excess of $1,000,000. The
complaint concedes that Mr. Troutman has not previously made demand upon Alico
to take action for the alleged wrongdoing as required by Florida law alleging
that he believed such a demand would be futile. A copy of the
Complaint may be obtained from the Clerk of the Circuit Court in Polk County,
Florida.
Dan
Gunter, the President and Chief Executive Officer of Alico stated that he was
surprised that Mr. Troutman filed this action without bringing his concerns to
the attention of Alico’s independent directors more than three years after the
events occurred and noted that Mr. Troutman was a member of the Board at the
time of the events complained of and continued to serve as such until January of
this year. He noted that the events surrounding the proposed
withdrawn merger and the resignations of the independent directors were
disclosed by the Company when they occurred. Be that as it may, Mr.
Gunter indicated that the Company takes seriously its obligations to review and
address Mr. Troutman’s allegations and will take it up with the independent
directors shortly following well established principles of corporate
governance.
About
Alico, Inc.
Alico,
Inc., a land management company operating in Central and Southwest Florida, owns
approximately 135,500 acres of land located in Collier, Glades, Hendry, Lee and
Polk counties. Alico is involved in various agricultural operations and real
estate activities. Alico's mission is to grow its asset values through its
agricultural and real estate activities to produce superior long-term returns
for its shareholders.
For
Further Information Contact:
Dan L.
Gunter
La Belle,
Florida
(863)
675-2966
Statements
in this press release that are not statements of historical or current fact
constitute "forward-looking statements"' within the meaning of the Private
Securities Litigation Reform Act of 1995. Such forward-looking statements
involve known and unknown risks, uncertainties and other unknown factors that
could cause the actual results of the Company to be materially different from
the historical results or from any future results expressed or implied by such
forward-looking statements. The forward-looking statements contained
herein are also subject generally to other risks and uncertainties that are
described from time to time in the Company's reports and registration statements
filed with the Securities and Exchange Commission.