Which is exactly what the board is claiming - it's voidable because it wasn't done legally. The arguments here I was responding to was the one that says the board can't possibly go after the deal
because they are the ones that made it. That alone is not sufficient to keep the board from going back against the deal as the hypothetical highlights.
The keystone here is the debate around the argument made to determine the deal being invalid from the start... they can undo a deal if it was never valid to start. The big debate is.. if their conclusion on it being valid or not is correct. Not 'what are the correct avenues for reconciliation' (to paraphrase)
Again you all are already moving onto point #2 (terms of a developer agreement) while the board and it's lawyers are saying "Do not pass go, do not collect $200" and not even respecting the contract as in force.
You're talking past each other as you debate something different from the terms they are working from. I don't know if their interpretation is correct, but you're not even debating the same things as them.
Yes, we all know in that sequence of events how that woud go