October 22nd, 2006
Dear Property Rights Project,
I hope you can help me shine the spotlight on this case of property rights
abuse. Please do not dismiss my story because of the high level officials
involved. This corruption started at the top and worked it way down.
My story follows.
WHO: Summit County District Court Judges David R. Lass; Richard Hart (retired);
Chief Judge Terry Ruckriegle; Water Court Division V Judges Daniel Petre; Thomas
Ossola; Chief Judge T. Peter Craven(deceased), Summit County Attorney Jeff Huntley,
State Water Engineer Harold D. Simpson, U.S. Senator Ken Salazar, Attorney General
John Suthers, Representative Gary Lindstrom and Attorneys Alison Maynard, Victor F.
Boog, Jefferson Houpt, Glenn Porzak, Kristen Moseley and others.
WHAT: Acted together to steal approximately twenty million dollars in vested water
and land rights and ownership. In the course of said theft and numerous cover-ups,
they also committed bribery in giving themselves and co-conspirators and
collaborators, privileges to violate the following Laws, Rules, Judicial Canons and
Oath’s of Office with impunity:
a. Liability based upon
behavior………………………………………18-1-601, C.R.S.
b. Behavior of
another……………………………………………………18-1-602, C.R.S.
c.
Complicity…………………………………………………………………18-1-603,
C.R.S.
d. Criminal liability of business entities……………………………18-1-606,
C.R.S.
e. Criminal liability of an individual for corporate conduct… 18-1-607, C.R.S.
f. Criminal
attempt…………………………………………………………18-2-101,
C.R.S.
g.
Conspiracy………………………………………………………………..
18-2-201, C.R.S.
h. Criminal
solicitation……………………………………………………18-2-301,
C.R.S.
i. Criminal
extortion………………………………………………………..18-3-207,
C.R.S.
j.
Theft…………………………………………………………………………..18-4-401,
C.R.S.
k.
Forgery………………………………………………………………………18-5-102,
C.R.S.
l. Obtaining signatures by
deception………………………………….18-5-112, C.R.S.
m. Criminal
impersonation………………………………………………18-5-113, C.R.S.
n. Offering a false instrument for recording………………………..18-5-114,
C.R.S.
o. Unlawful activity concerning the selling of land………………18-5-302, C.R.S.
p. Duty to report a
crime…………………………………………………..18-8-115, C.R.S.
q. Perjury in the first
degree………………………………………………18-8-502, C.R.S.
r. Perjury in the second
degree……………………………………………18-8-503, C.R.S.
s. Tampering with physical
evidence…………………………………..18-8-610, C.R.S.
t. Intimidating a witness or
victim……………………………………….18-8-704, C.R.S.
u. Retaliation against a witness or
victim……………………………..18-8-706, C.R.S.
v. Prohibited
actvities……………………………………………………….18-17-104,
C.R.S
(Letters f, g, h, I, j, k, m, n, o, q, s, t, and u are felony’s. Letters I, j, k, m,
n, q, r, s, and t are racketeering charges.)
Violations of Federal Law-RICO.
aa.
Extortion…………………………………………………………………1-A
USC
bb. Conspiracy against
rights………………………………………….18-13-241, USC
cc. Mailing threatening communication……………………………18-41-876, USC
dd, Receiving the proceeds of extortion………………………….18-41-880, USC
ee, Title Records-Fraud and false statements…………………….18-47-1021,USC
ff. Mail
fraud………………………………………………………………..18-63-1341,
USC
gg. Tampering with a witness, victim or informant……………18-73-1512, USC
hh.
Perjury……………………………………………………………………18-79-1621,
USC
ii. Subornation of
perjury……………………………………………….18-79-1622, USC
U.S. Constitution violations: Article VI(2)(3), 1st, 5th and 14th Amendments, and,
Colorado Constitution Bill of Rights Article II Sections 3, 6, 10, 24 and 25;
Article XII Section
8; Article V Section 2, and Article XII Section 7.
Violations of Colorado Rules of Civil Procedure, Colorado Rules of Professional
Conduct, Judicial Discipline and Judicial Canons as follows:
aaa. Real Party in Interest……………………………………………Rule
17(a), C.R.C.P.
bbb. Duty of Judge to Report Misconduct……………………..Rule 251.4, C.R.C.P.
ccc. Grounds for Discipline……………………………………….Rule
251.5(a)(b)(c), C.R.C.P.
ddd. Scope and Objectives of Representation…………………Rule 1.2(d)(e),
C.R.P.C.
eee.
Diligence…………………………………………………………….Rule
1.3, C.R.P.C.
fff. Confidentiality of Information………………………………..Rule
1.6(b), C.R.P.C.
ggg. Meritorious Claims and Contentions………………………Rule 3.1, C.R.P.C.
hhh. Candor Toward the Tribunal…………….Rule 3.3 (a)(1)(2)(3)(4), (b)(c),
C.R.P.C.
iii. Fairness to Opposing Party……………………………………Rule
3.4(a)(b)(c), C.R.P.C.
jjj. Impartiality and Decorum of the Tribunal……………….Rule 3.5(a), C.R.P.C.
kkk. Truthfulness in Statements to Others……………………..Rule 4.1(a)(b),
C.R.P.C.
lll. Threatening Prosecution………………………………………..Rule
4.5(a)(b), C.R.P.C.
mmm. Judicial and Legal Officials………………………………..Rule 8.2(a),
C.R.P.C.
nnn. Reporting Professional Misconduct………………………..Rule 8.3(a)(b),
C.R.P.C.
ooo. Misconduct………………………………….Rule
8.4(a)(b)(c)(d)(e)(f)(g)(h), C.R.P.C.
ppp. Violations of Responsibility…………………………..Preamble and Scope,
C.R.P.C.
qqq. Grounds for Discipline……………………………………..Rule
5(a)(1)(2)(4), C.R.J.D.
rrr. A Judge Should Uphold The Integrity And Independence Of The Judiciary, Canon 1.
sss. A Judge Should Avoid Impropriety And The Appearance Of Impropriety, Canon 2(A)(B).
ttt. A Judge Should Perform The Duties Of His Or Her Office Impartially And Diligently,
Canon 3(A)(1)(4)(9)(10),(B)(3),(C)(1)(a)(b)(c)(d)(II).
The Colorado Constitution at Article XII Section 7 defines bribery thus: Section 7.
Bribery corrupt solicitation. (1) Any person who directly or indirectly offers,
gives, or promises any money or thing of value or privilege to any member of the
general assembly or to any other public officer in the executive or judicial
department of the state government to influence him in performance of any of his
public or official powers or duties is guilty of bribery and subject to such
punishment thereof as may be prescribed by law.
Co-conspirators and collaborators: Nelson and Catherine Lane, Kevin M. Smith, Donald
F. Moorehead Jr., Shelley Moorehead, Kevin J. Shepard, Wayne Andrews, Executive
Aviation of MN., and Shadow Creek Partners Roger Wikner and Mark Smith,
Robert Swenson, Clayton and MaryEllen Beattie, Lisa Lindley, Astrid Gifford, Bruce
and Judith Anderson, Joe and Marguerite Sergent, Joyce and Ken McNichols, Gerald
Lewis, and others.
Note: In addition to the initial twenty million dollar vested water and land theft,
and through recent fraudulent transactions on Shadow Creek Ranch and Shadow Creek
Ranch Partners, the fraud amount has surged to eighty million dollars. An official
investigation will uncover even more.
WHERE: Spring Creek Ranch and Shadow Creek Ranch, in the very Northern end of Summit
County. Summit County District Court in Breckenridge and Water Court Division V, in
Glenwood Springs.
WHEN: Started in 1989 with the State Water Department and Nelson and Catherine Lane.
In Water Court Division V since 1993 to present,(13years). And, in the Fifth
Judicial District Court in Breckenridge, Colorado since 1999 to present, (7 years).
WHY: Greed, unjust enrichment, and the cover-up of certain State, County and
Judicial government officials involvement in theft, violations of Laws and cover-up.
A Brief Case Background
In 1980, a developer/owner (Herbert Buchwald), of the approximately 6,000 acre
Spring Creek Ranch in Summit County, Colorado, recorded most of the water rights
(175 acre feet), in the Spring Creek Ranch Planned Unit Development Agreement,
(Phase 1). Numerous wells were drilled on the 6,000 acres with little or no success.
Only one well (the Community Well), proved to be of a viable source of water
producing approx. 100gpm. Phase 1’s water rights were adjudicated in Water Court
Division 5 with a Decree issued in 1982. The water rights were also vested in Phase
1 per the Spring Creek Ranch Declaration of Covenants and Restrictions dated April
18, 1980 and Recorded at Reception No. 206078, the Spring Creek Ranch Phase 1
Recorded Plat dated June 03, 1980, and Recorded at Reception No. 207217, and the
Planned Unit Development Agreement dated December 17, 1979 and Recorded at Reception
No. 204557.
In the mid 80’s the developer/owner filed for bankruptcy and Metropolitan Life
Insurance Company (Met Life), which held the note, foreclosed on the property.
In 1989, a buyer was found in Nelson and Catherine Lane for all of Spring Creek
Ranch excluding Phase 1, ( approx. 5,700 acres and minimal water rights not
associated with Phase 1). Neither Met Life nor the Lanes wanted to be bound by any
responsibilities, duties or obligations of the previous developer/owners’ contracts,
and therefore, a new contract (1989 Settlement Agreement), was drawn up and signed
by all. The 1989 Settlement Agreement forever removed and released Met Life and the
Lanes from all obligations, etc., of the previous developer/owner including the
vested water rights. Prior to the signing of the Settlement Agreement the Lanes and
their attorney were informed that there were no other adequate water sources on
Spring Creek Ranch except for the community well and water rights previously
adjudicated for Phase 1. The Lanes were asked if they wanted to share in those water
rights. They refused. The Lanes then re-zoned their 5,700 acre ranch from the Spring
Creek Ranch Planned Unit Development to A-1 agricultural and went on to drill
numerous wells without success.
Realizing they were only entitled to their minimum water right which proved to be
insufficient, the Lanes’ set out to pursue Phase 1’s water rights. Our nine-year-old
Community Well was suddenly declared un- permitted and illegal by State and Division
water engineers despite the 1982 Water Decree stating otherwise, and we (Phase 1
homeowners) were told we had to apply for another well permit. We were also forced
to obtain a temporary supply plan from the Bureau of Reclamation, as State Water
Engineers threatened they would Order that cement be poured into our Community Well
and have it shut down.
1993 was the start of numerous Addendums to the 1989 Settlement Agreement. I refused
to sign. The Addendum would forfeit all of my, and Phase 1’s vested water rights and
ownership to the Lane’s. We were again threatened by State and Division water
engineers to sign the Addendums or have our well shut down. I still refused to sign.
Seeing they were getting nowhere year after year with their threats, intimidation
and extortion, a phony corporation was formed in 1997. Along with the phony
corporation, a phony Board of Directors (BOD) and Officers were elected, (Bob
Swenson, Lisa Lindley, and Clayton and MaryEllen Beattie.) The threats, intimidation
and extortion to sign numerous Addendums to the 1989 Settlement Agreement now
doubled, coming from both the phony Board of Directors as well as the State Water
Engineer’s Office.
In April 1999, the Lanes fraudulently sold their portion of Spring Creek Ranch along
with Phase 1’s vested water rights, (175 acre feet) to developer buddies, and their
5,700 acre ranch became Shadow Creek Ranch. I strongly objected to the fraudulent
sale, and because of my objections and refusing to acknowledge the phony corporation
and its authority to force me to sign the Addendum’s, a lawsuit (Case No. 99CV277)
was filed against me in October 1999 by the phony Board of Directors. I was verbally
forewarned by Bob Swenson that it would not matter what evidence was submitted or
what I said or wrote to the Court. They would win. I also received numerous such
statements of the foreknowledge of the outcome of the trial in writing. Usually they
preceded the numerous attempts to force me to sign the Addendum to the 1989
Settlement Agreement.
The lawsuit initially only asked that the Board of Directors be recognized as
legitimate and with power and authority to act. The threats, intimidation and
extortion continued, and when the phony BOD’s realized that their limited lawsuit
did not empower them to force me to sign, backdated counterclaims were interjected
into the lawsuit which asked that the vested water rights be divided up amongst the
Phase 1 Homeowners. This fraudulent counterclaim would prove to be ineffective as
the vested water rights run with the land (Phase 1), and not with the individual
Homeowners.
In 2000/2001, Shadow Creek Ranch owners/developers, were given approval to develop
Shadow Creek Ranch on the known illegally sold water rights, but, because the
ineffective counterclaim could not legalize their claim of having adequate water to
supply the development and by my continual objections and complaints to the Summit
County Commissioners; Water Court Division 5; the State Water Engineer, and others,
a Quiet Title action was filed on my behalf without my knowledge or consent. The
Quiet Title sought to bring Shadow Creek into the lawsuit and to determine ownership
of Phase 1’s vested water rights. (Title was already adjudicated in 1982 in Phase 1.
As with the previous counterclaims, I had nothing to do with this Quiet Title
Action. This makes clear that this lawsuit was orchestrated and directed as needed.)
Judge Lass would grant me three extensions of time without my asking for them in
which to serve the Quiet Title suit. I refused, and it was eventually dismissed with
Judge Lass issuing a judgment against me for attorney fees.
The trial was held in November 2001 and a Ruling was issued in January 2002. True to
what Bob Swenson foretold regarding the outcome of the trial, Judge David R. Lass
ignored, altered and/or fabricated the evidence and testimony in his January 2002,
and subsequent rulings. Contrary to the Laws and without authority or jurisdiction,
Judge Lass;
1.Ruled the phony corporation was legal. (The Laws state a phony corporation has no
legal standing and cannot bring suit in any court.)
2.Ruled that the phony Board of Director’s power and authority to act was legal.
(Again, the Laws give no legal standing and therefore cannot legally give them power
and authority to act.)
3.Ruled that my and Phase 1’s adjudicated and vested water rights were owned by the
Lanes and Shadow Creek Ranch, (He dismissed the Quiet Title Action earlier and
therefore had no jurisdiction or authority to grant title of Phase 1’s vested water
rights to the Lanes and Shadow Creek. This act was done to cover-up Summit County
Commissioners and County Attorney’s approval to develop Shadow Creek Ranch in 2001,
and also by the time of this ruling, it was reported that Shadow Creek had already
sold some lots for around five million dollars each and they needed to cover up the
fraudulent sale of the water rights in 1999.)
-
Ruled that I must sign the Addendum to the 1989 Settlement Agreement when asked
to do so by the phony BOD’s.(1.The Addendum to the 1989 Settlement Agreement
seriously alters the Water Court Decree issued in 1982. Only a Water Court has
jurisdiction in this matter. Judge Lass presides in a District Court. He knew he had
no such jurisdiction or authority. 2. The Addendum to the 1989 Settlement Agreement
is a contract. In order for a contract to be valid and enforceable, four elements
must be met. They are: Offer, Timely acceptance, Voluntary acceptance, and
Consideration. The ruling makes clear that none of these elements were met and that
Judge Lass knowingly overstepped his power and authority.)
-
Because I still refused to sign the Addendum to the 1989 Settlement Agreement,
Judge Lass signed an Order directing the Court Clerk to sign for me.( Again, signing
a contract by force is invalid, unenforceable, against the Laws and
un-Constitutional.)
-
Needing to cover-up the illegal sale of Phase 1 vested water rights in 1999;
cover-up using the 1982 Water Decree to issue two well permits to Shadow Creek
Ranch, by the Water Court and the State Water Engineer’s Office in 2001, and needing
to cover-up Judge Lass’s actions, Water Court Division V accepted this fraudulent
ruling.
-
The phony Board of Directors, empowered by Judge Lass’s predetermined ruling,
assessed me to pay for their attorney’s fees. In 2004 Judge David R. Lass ordered
the sale of my property (45 acres), at an auction to pay the BOD’s attorney Victor
F. Boog. Attorney Victor F. Boog bought the 45 acres for approx. $10,000. My land is
worth three to five million.
Following is an excerpt of an affidavit of Kevin M. Smith, dated March 28, 2006.
Except for the part stating that they changed/amended the bylaws, (they made new
ones) and Clay’s wife’s involvement(she was substantially involved and knew
everything they were doing ), all is true and verifies the above violations of Laws
and abuse of power and authority by State and Summit County Officials. (Note: Elk
Dance is Shadow Creek.)
AFFIDAVIT OF KEVIN M. SMITH:
“3. Most of the discussions were prompted by Swenson and Beattie. They kept wanting
to make deals. They wanted money from Elk Dance in return for trading commonly owned
property of Spring Creek Ranch, including not only the storage tank site, but the
refuse site and pipeline easements across the meadow. Frequently, I would be
discussing issues with these two men, then learn that several of the other
homeowners in Spring Creek Ranch did not know anything about it, or did not agree
with Swenson and Beattie. Swenson would frequently brag that he “had the votes” for
this or that, when he did not.”
“5. On several occasions, both Swenson and Beattie expressed their plan to thwart or
get rid of members of the Spring Creek Ranchers’ Association who would not go along
with what they wanted. They told me it was their goal to force Wades and Lewises
out, as well as anyone else that didn’t agree with their management of the
homeowners association. They were going to take legal action to change how the
Association voted, saying that, when they won that lawsuit, they would control the
Association. It would be just them, as the directors, and they would gain control
through a change in bylaws. They would use the bylaws and the voting situation to
force everyone out. Both Swenson and Beattie bragged about how they had amended the
bylaws and had an attorney, who I recall was named Victor Boog, who was going to
find a legal way to thwart the dissenting members, by running up the legal bills.
Swenson and Beattie talked about having the power to suspend voting rights, if
someone didn’t pay these assessments, so that they could then foreclose on their
property, and sooner or later they would be gone.”
“6. Beattie and Swenson used to laugh about Lisa Lindley, saying she was on so many
drugs that, “We elect her because she’ll do whatever we want.” They decided it was
better to have Lisa on the board because putting Mary Ellen Beattie (Clay’s wife) on
it might give away what they were doing.”
The details in this Complaint testify that I am not a disgruntled litigant but
rather the victim of legal corruption and abuse of power. If you need more
information, I can be reached C/O (303) 433-3573.
I am also herein including a Letter to the Editor, letter I have been mailing out to
various newspapers. My letter follows.
To all Voters in District 16, (Clear Creek, Gilpin, Grand, Summit and the Western
half of Jefferson and Boulder counties.)
Please do not re-elect incumbent Joan Fitz-Gerald. I contacted Senator Fitz-Gerald
numerous times regarding corruption within Summit County Government, the Attorney
General’s Office and the Colorado State Water Engineers Office to no avail. Only
after contacting all 100 State Legislators regarding said corruption did Senator
Fitz-Gerald finally respond by stating she would have her assistant Kristen Boyd
investigate and contact me. That was in February 2006, and I am still waiting for
the investigation to begin and to be contacted.
Joan Fitz-Gerald has proven herself to be a liar, and has proven willful refusal to
perform her duties, responsibilities and obligations to the Constituents of District
16, and Colorado. Joan Fitz-Gerald gives us pretend representation. Don’t give her
yet another 4-year free ride.
The Rocky Mtn. News lists two other candidates for the Colorado State Senate
District 16 seat. They are: Tim Leonard, American Constitution Party and Marty
Neilson, Republican. I do not have any association with these two candidates, and am
only showing that we have other choices. Let’s give one of these a try.
To all Voters in U.S. House District 2, (Broomfield, Clear Creek, Eagle, Gilpin,
Park, Pitkin and Summit Counties as well as portions of Adams, Boulder, Grand and
Jefferson Counties.)
Please do not re-elect incumbent Mark Udall. I also contacted U. S. Congressman Mark
Udall numerous times regarding the corruption within Summit County Government, the
Attorney General’s Office and the Colorado State Water Engineers Office to no avail.
And, again, it was only after I contacted all Colorado U.S. Congresspersons that I
did receive a response from Congressman Udall. He stated that he did not have the
jurisdiction to investigate, expose and halt the corruption. Congressman Udall is
bound by oath to support the U.S. Constitution as well as a duty, responsibility and
obligation to uphold and defend the Colorado Constitution and Laws. My complaint
listed 22 violations of State Law. Of these 22, 13 are felony’s and 9 are
racketeering charges, as well as 7 violations of the Colorado Constitution. There
are 5 violations of the U.S. Constitution and 9 violations of Federal RICO Laws.
He has the jurisdiction, what he doesn’t have is a spine. Congressman Udall is being
paid more than $162,000.00 a year for his pretend representation of Colorado and
U.S. House District 2 Constituents in Washington, D.C. Don’t give him another
two-year free ride.
The Rocky Mountain News lists three other candidates for the U.S. House District 2
seat. They are: J.A. Calhoun, Green Party; Rich Mancuso, Republican and Norm Olsen,
Libertarian. I do not have any association with any of these three candidates, and
am only showing that we have other choices. Let’s give one of these a try.
To all Voters in Colorado,
Please do not re-elect Attorney General John Suthers. A.G. John Suthers does not
defend and protect the People’s water and land rights. A.G. John Suthers is involved
in the said corruption and violations of Laws. Instead of doing his job of bringing
all to accountability, John Suthers allows his Assistant A.G.’s to rubber stamp the
corruption and violations of Laws. If the regulatory agencies and other government
departments worked as everyone is led to believe, Attorney General John Suthers
would be behind bars with a rap sheet two pages long! John Public Citizens are held
accountable to the Laws, why isn’t John Suthers? Don’t give John Suthers another
four years to continue raping People’s rights and Colorado’s resources.
The Rocky Mountain News lists two other candidates running for the Office of
Attorney General. They are: Dwight Harding, Libertarian and Fern O’Brien, Democrat.
Again, I do not have any association with these two candidates and am only showing
that we do have other choices. Let’s give one of these a try.
Remember what Jesus told us to look for? “By their fruits you shall tell them.”
Matt. 7:16. The “fruits”of Joan Fitz-Gerald, Mark Udall and John Suthers do not
match their campaign promises and speeches. They lied to us in the past, they are
lying now, and they offer no signs of changing the status quo.
As stated, I contacted all 100 Colorado State Legislators and all 9 Colorado U.S.
Congress Representatives and Senators regarding the corruption within Summit County
Government, the Attorney General’s Office and the Colorado State Water Engineers
Office. The costs of the corruption in this case amounts to eighty million dollars,
(my estimate per paper trail. An investigation will uncover even more.) None stepped
up to stop the corruption or to bring those involved to accountability.
I beg everyone to vote out every incumbent, at every election, and in every District
in Colorado. We must demand real representation of the People, accountability, and
most of all respectability, integrity and honor within all areas of our Government.
Find out who else is running for your District. Check them out yourselves and vote.
It is clear that the same big money, the same well-known names, and the same big
promises only bring the same pretend representation once the elections end.
Everything stated herein is true and correct and can be verified My name is Halena
Lewis and I can be reached at 303 433-3573, or Halen@axint.net. Please spread this
letter to everyone you know and ask them to do the same.
