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GA Court of
Appeals |
MEET THE RICES…
We are a small family from
Powder Springs, GA, a suburb of Atlanta, located in Cobb County within “Lost
Mountain Township”. Our family has resided in our house for 14 years, and it is
the only home our children have ever known. We together are working
professionals, veterans, Christians, and property owners. But ours is no longer
totally a success story, about family values, hard work, and achievement. Woven
among the other details of our life, is now of a pursuit of justice, against a
force of incredible magnitude. How does a family of 5 protect young children
and their home, from the effect of foreign interests, politicians, lawyers, and
a judicial system that will not hear or acknowledge arguments, truth, or
undeniable evidence? It is not only a story of fearful and epic proportions,
but also one of case precedence. As a property owner, be advised, you can be
sued by a dissolved entity with no legal right, regardless of any previous
covenants or
restrictions on your title or deed. God be with us all! Please speak of this effort and may every
American demand their constitutional rights be protected.
PROPERTY RIGHTS UNDER SEIGE
This website was created to
warn property owners of state, federal, and constitutional rights, taken
from our family, after objecting to the illegal sale of a common area (in our
opinion), and the massive campaign of retaliation initiated by a powerful and
well placed law firm, Brock, Clay, Calhoun, Wilson & Rogers (BCCWR).
Not only were we attacked via the courts, but also by various agencies and
agents of Cobb
County Government, insurance companies, politicians, and those with ties to the
personal goals of the Cobb Chamber of Commerce, emanating from the potential,
regional success the election of State Senator to US Congressman, might provide
the area. And despite documentation fully verifying the outrageous efforts, as
noted by the firm’s billing records, no elected official, to include staff
within the Governor’s Office for the State of Georgia, will address the
travesty. This effort includes County Commissioners, State Representatives,
State Senators, the District Attorney’s Office, the Cobb County Police
Department, GA Insurance Commissioner, a US Congressman, Georgia Attorney
General's Office, the Secretary of State's Office, and countless well
placed or former Republicans.
***************************************************************
***************************************************************
1.
While the Plaintiff initially filing this action was
"administratively dissolved" by the time of [his] Cannon's deposition, admitted by him
under oath, no action was taken by him or Attorney Calhoun to correct the
obvious defect of no (live) plaintiff. However, after
our Notice of Appeal was filed following a letter notifying our neighbors of
current actions, a request to "reinstate" the corporation LMHA,
Inc. was made to the Secretary of State. Though the statute of limitations
to "resuscitate" a corporation is only 2 years, Kevin Fogle of Brock,
Clay, Calhoun was allowed to reinstate
a dead corporation after just under 3 years, and list the same officers for 2
separate corporations! The Secretary of
State's Office allowed the renewal, as LMHA, Inc.,
a nonprofit corporation, after more than 2 years. As such, how could they collect dues, file
lawsuits, or fund parties, beyond being able to sell property owned by LMTA
Members?!!!!! We can only suggest you ask
Senator Clay, Representative Cooper, or DA Pat Head! And why haven't you
read of this travesty in the local or Atlanta paper? Good thought...strange
at best isn't it?!
2. We received a
copy of their (BCCWR - Appellee, LMHA. Inc. & the ACC of
LMTA) response to our Appellate Court brief.
They CHANGED THE PLAINTIFF ON APPEAL?! The new Plaintiff is listed as
LMHA, Inc. Phase I and the
ACC of LMTA, Inc. Phase II & III! How do you do that? While they sued us as LMHA, Inc.
for 5 years, the next homeowners meeting following their brief submission to the
GA Appellate Court, they announced they were operating as LMTA, Inc. In their response to the Appellate Court, they
not only changed the
name of the Plaintiff, but also began to argue they are acting as LMHA Inc. and
the ACC of LMTA, Inc., despite the fact they swore to the a different Plaintiff
name in the underlying case!!!!
3. We have now
received a request for dues money and threat of lien, if we do not pay LMTA,
Inc. dues, in violation of the Superior and Appellate Court rulings. Mr.
Michael Rome is now requesting these funds.
4. And the
latest.....the Appellate Court ruled, there is a new sheriff....I mean
Plaintiff. No it's NOT the parties that prevailed in Superior Court, and
not the Plaintiff, who filed a reply brief, it's a new set of players. The
GA Court of Appeals, ruled the new prevailing party is LMHA, Inc. and the ACC of
LMHA????? We have a filed a Motion For Reconsideration (MFR), or as a
Judge at a recent conference put it "More Fascinating Reading". Will the
Court address their own egregious error? What would you expect?
This ruling by the Court of
Appeals is one that can be applied to every GA property and imposed upon every
owner, without their agreement, and in this case knowledge. Did we
mention, restrictions and covenants can be applied by a dissolved company or non
entity according to GA Law? Ready to learn more....you better....your home
depends upon it!
*******************************************************************
The
initiating factor in our nightmare is…
The common area of our
neighborhood (for 14 years) was sold without the approval of every deeded owner,
to a foreign diplomat (the CEO of Ronstadt - from the Netherlands), for approximately $10,000/acre,
according to documents we were able to obtain. After more than 3 years, he is now
selling that property, along with his home, with an increased value of $1.2
Million, which appears to be $100,000 or so per acre increase, from what was paid. Great return on investment, aye?
When my husband and 2 others spoke up about this travesty, we found ourselves
facing a legal tornado!
1.
Our deed has no Covenants or Restrictions.
We specifically asked for ALL restrictions prior to closing, and the seller
(Decatur Federal, now owned by Wachovia, whose agent was Realtor Rick Nally), stated and wrote, there were none. The unencumbered deed is filled with
the county and now Appellate Court.
Billing records
show, a litigation file created on us, following our objections to the common area sale first being discussed, before we asked for permission to
build our current fence.
2.
Approvals for a fence to protect our family members from video taping,
encroachment, and property damage, were provided and “rescinded”
by the same member of Phase I, Ronald Cannon. While approval was granted by the
county and those claiming to be members of an ACC, Mr. Cannon rescinded all
those approvals, in violation of covenants the very covenants he sought to
enforce and the law. He testified, he was President of LMHA,
Inc. since 1997, and never held any other position. Mr. Cannon is also the
sole signatory on the 'quit claim deed' for the sale of our common area, as the
President of LMTA, Inc. How did he do that?
3. Continuous calls were made by those involved in the sale of the
common area,
to the county purporting nonexistent violations. The majority of inquiries
came from the Says next door, a British couple, with personal ties to State
Representative Sharon Cooper the Republican Caucus Leader, who now request and
receive dues for LMTA, Inc. or Cannon, claiming LMHA, Inc. affiliation
4.
A file was made for a criminal detective by BCCWR, according to
billing records. However Detective Holland, states an investigation for
"criminal stalking", was initiated by Ms. Say. We were investigated for 3 weeks by a criminal detective,
after which there was found no such activity. However Detective Holland
months after her investigation, has no evidence of the entire effort, despite an
very detailed memory about the parties and issue. Additionally, there are
no records of this investigation in Cobb County Police Records Department, nor
did the Safety Officer or Chief of Police know anything about it.
Detective Debbie Holland co-authored the "Stalking Statute", along with
Representative Cooper for the State of GA.
5.
The original suit was dismissed and renewed to “avoid corporate legal issues”, according to
billing records of BCCWR.
6.
The renewal lawsuit requests the Judge to reinterpret, and effectively
rewrite, the covenants of
113 properties, by simply suing 1 family, which her order accomplishes.
7.
Private investigators were hired repeatedly.
8.
Multiple, repetitive, and false documents were filed on behalf of the
Plaintiff.
9.
We were sued repeatedly by an entity with no standing in accordance with
our deed, and by the time of the renewal and trial, PLAINTIFFS DID NOT EXIST.
The lack of proper party was admitted early on in court documents by Plaintiff’s
counsel, Richard Calhoun, disclosed to neighbors, and reiterated on Appeal.
10.
A Motion to Dismiss, as a result of the proper party plaintiff
issue, was never ruled upon, but ignored.
11.
Plaintiffs prevailed, in direct opposition to both evidence, testimony,
and lack of Plaintiff’s existence.
12.
Judge Adele Grubbs demanded we pay legal fees, costs, and/or expenses
despite the purpose, intent, or culpability of the Plaintiff as well as its lack
of existence, to the tune of $50,000, beyond our own legal expenses, and repairs
to our home, as well as the fence.
13.
Judge Grubbs further threatened contempt, if we use the legal corporate
name, which we created and hold sole rights to, LMTHA, Inc.
14.
Our attorneys signed an agreement with the Plaintiff’s counsel without
disclosing existence or concurrenct of the agreement to us. Additionally, they filed a Notice of Withdrawal,
which contained disparaging comments,
in Superior Court, after having been terminated, which was then forwarded to the
Appellate Court by the Superior Court Clerk.
15.
Despite the 20 day requirement to transfer an Appellate Court Record, our
request was held, until Judge Grubbs instructed for the record to be
transmitted. Additions to the record were made, beyond those specified.
16.
We awaited a ruling in the Appeals Court for the State of Georgia.
BCCWR on Appeal created a new Plaintiff, and were allowed to do so, in violation
of Appellate Court Rules. In their ruling, which was delayed for 4 months,
due according to the Clerk, because of a coding error on their part, a new
Plaintiff prevailed, with reliance on facts, that were NOT in evidence. We
filed a Motion for Reconsideration.
THE FIGHT FOR PROPERTY OWNERSHIP IN AMERICA!
After reading of the changes in
law and the affect homeowners in CA, FL, and now GA were witnessing, my family
began to better comprehend, we are not alone, particularly in the powerful Cobb
County, GA web of influence and judicial control. We have been made targets,
but few will address the unethical issues for fear of retaliation and
retribution. Who would want to be in opposition to a State Senator’s law firm,
the former County Attorney’s crosshairs, the Cobb County Courthouse or the Cobb
County Chamber of Commerce? For details and documents, please visit (www.ricegang.com),
currently under construction.
During this concerted effort,
our family has been videotaped in your own backyard, had people enter our
property without permission or provocation, been denied access to enter our own
driveway, had our property damaged, and yet not been afforded any rights or
protection under County, State, Federal, and Constitutional Law repeatedly.
Try to imagine, becoming the
target of multiple false or frivolous lawsuits, providing resounding
legal arguments for 4 years including ALL legal costs, without understanding
why. In the originating lawsuit, supposedly about a fence, a powerful law firm
with extensive political connections, asked the judge to ‘reinterpret’ our
covenants to mean what they prefer today, as opposed to what is currently
filed. Thus, they are requesting restrictions upon 113 landowners be changed
after purchase, without even disclosing this to homeowners, via a lawsuit
against 1 individual owner/family. And more importantly, the true
purpose of the actions aimed at our family, is to mask the
illegal sale of our common area, 10
acres and 2 tennis courts, by the same powerful law firm, whose senior partner
is a State Senator, former GA GOP Chair, and current US Congressional Candidate.
Their control of the courts, media, and government agencies, has been no less
than shocking!
In addition, we were told by
the judge, because this was an injunctive relief matter, we were not to be
afforded a jury trial. The judge specifically stated, she would be the one
deciding. Georgia law requires all issues of fact be decided by a jury, unless
the parties waive that right. We have not waived that right. When evidence of
‘Proper Party Plaintiff’ was reintroduced, we were told she would not hear of
it, as she understood the issue, and was not a jury member or lay person. No
direct evidence was allowed, to address the fact neither Plaintiff exists. As a
result, the Judge awarded her verdict in favor of 2 NON-EXISTENT ENTITIES.
Recently, we were informed by a county official that the judge had been part of
a discussion with members of the Chamber of Commerce, regarding their version of
our fence and the associated ramifications, prior to her hearing our case. As a
result, we filed a Motion to Recuse the Judge, which Judge Adele Grubbs denied.
Justice seems so unattainable, it is frightening to us and our neighbors!
***
The story unfolds as
follows:
·
We have owned our property since making an offer in 1990, followed
by a 1991 closing. At that time, we were told there were no covenants on the
property, which our deed and closing papers reflect. We purchased in the
Phase II & III area in Lost Mountain Township, identified as LMTA, Inc. The
other area or corporate interest within the neighborhood is Phase I, titled as
LMHA, Inc., a completely separate, corporate organization.
·
In 1993, one of the developers announced dues. This was shocking,
since our property was sold professing NO Covenants, and our deed does
not show we are bound by any restrictions or covenants, running with the land.
We wrote letters explaining same and no issue of dues was made again until
December 1998. Also, we pointed out the neighborhood was developed in 2
separate phases, separate associations, and separate covenants, which did not
allow funds to be used jointly, if money was collected. Thus, money could not
be collected mutually for both corporations. Monies obtained from LMTA (Phase
II & III residents), were to be used for maintenance of the common area, 10
acres with 2 tennis courts. Since no maintenance or upkeep was being provided,
we questioned the intent of the request.
·
Never was there a quorum or election of officers in accordance
with the covenants. However, despite the fact, Phase I in 1996 allegedly
adopted the covenants of Phase II & III, giving precedence to LMTA, Inc.,
as well as superceding anything filed for Phase I or under the corporate name of
LMHA, Inc. And we have just learned, this was an illegal merger as we
understand it, based upon numerous prerequisite covenant and corporate
provisions, which have not been addressed to date, and were but recently
disclosed.
·
In 1999, several things occurred. Our neighbors to the south,
British Citizens, according to a neighbor from the east or back of us, were seen
coming onto our property, among other things. We installed a video camera
system to verify the neighbor’s information regarding intrusion. As a result in
April of 1999, we requested from those we were told were members of the
Architectural Control Committee (ACC), to install a fence. The ACC approved our
April request verbally and in June of 1999, provided the same in writing. The
45 day requirement for approval was not met by the ACC, and our fence was by
default approved, with or without regard to the written approval received, in
accordance with the covenants.
·
During June 1999, a meeting was called by a Phase I (LMHA, Inc.),
resident Ron Cannon, formerly of the Chicago area. He along with our British
neighbor, and 2 other new residents, including an attorney now deceased, stated
they were going to sell our common area, deeded to LMTA, Inc. owners without
regard to homeowner approval. This meeting was the closest to a quorum ever in
the history of the neighborhood. Residents overwhelmingly told them they
neither had the right to sell the common area, nor could they sell without 100%
approval of owners in Phases II & III, as per prior association legal
counsel documentation. My husband and 3 others spoke up profusely. All
received retaliation, but none to the same degree as we. When my husband said
the covenants do not allow you to sell the common area, the attorney stated “the
covenants don’t matter, only what a judge tells us we can do matters.”
Approximately one year later, this attorney was found shot to death in his back
yard Jacuzzi, which was ruled a suicide, following an arrest just prior to his
death.
·
In the summer of 1999, the same owner in Phase I, Cannon of LMHA,
Inc., changed attorneys without notifying the neighborhood. He hired a local
law firm, Brock, Clay, Calhoun, Wilson & Rogers (BCCWR), comprised of a State
Senator, former County District Attorney, former County Commissioner, head of GA
GOP, along with a former County Attorney for partners, as well as a State
Representative, as an employee. A litigation file was created on us, dated
October 1, 1999, according to billing records. Later in October, we began
getting serious about the fence, after working with the county, as a result of
learning our neighbors had violated county code in installing partial fences.
Several offensive, as well as detrimental actions by the British neighbor
continued to escalate. We decided a vinyl fence, as opposed to a brick fence
would be more appropriate, based upon both damage to our property and contractor
recommendations. Again the ACC approved the minor modification to the original
plans verbally, with assurances that a written confirmation was forthcoming.
Note: The litigation file from BCCWR was begun, before we requested to erect
the vinyl fence. The litigation effort was begun clearly after my husband and 3
others voiced opposition to what they believed to be an illegal sale of our
common area, 10 acres and 2 tennis courts.
·
Our written approval was not received until December 5th,
well after 45 days, again providing an automatic approval per covenants. Our
fence was effectively completed at or around Christmas. Following completion,
our neighbors called the county enforcement offices more than 17 times. We
passed 2 complete inspections, in which every panel of our fence was measured,
in the same manner as theirs was measured, from the inside of the property
owner, in accordance with county code. The issue was marked as closed.
Never had we received anything with a confirmed problem, issue, or violation.
·
During March of 2000, we received a letter from Ron Cannon of
Phase I purporting to be the President of LMTHA, a completely fictitious
entity, in which he indicated he was rescinding our approval, in direct
violation of the Phase II & III covenants.
·
In April, we received a lawsuit delivered to our door Sunday
morning by a Deputy Sheriff. The lawsuit stated, we were in violation of County
Code and covenants, despite the facts, (1) We had verbal as well as written
approval, and (2) the county had not issued any valid violation against us,
despite the extensive efforts of the neighbors.
·
During July and August of 2000, Susanna Say and William Odom
attended as well as spoke at 2 Cobb County Board of Commissioners Meetings,
unbeknownst to us. Mrs. Say said, she was representing the association. She
and/or Odom stated, we were in violation of covenants and county code, though we
had committed no violation despite their efforts. These 2 neighbors, who DID
receive a violation by the county, regarding their own fences, informed the
Commissioners of their need to take action against our property. Say alleged,
the fence in our backyard is a safety hazard to the public! In addition, she
was able to quote specific statements made during a private phone conversation
between my husband and Ms. Dale Tatum, of Cobb County Code Enforcement. This
despite the fact, at that time, the conversation had not been documented or
disclosed according to Tatum. Based upon Say’s statements alone, in direct
opposition to county records and employees, Chairman Bill Byrne
demanded an investigation of our West Cobb property. This was five months
after the County closed the file on our fence and without notice
to us we were to be the subject of a County Commission investigation or
hearing. The Commission Agenda for this meeting, held on July 11, 2000,
contained approximately 40 pages regarding our fence.
·
The day after the July Commission meeting, Mrs. Say called the
County Manager’s assistant, threatening to sue several county employees, to
include the Chairman, all Commissioners, and the County Manager, if the county
did not take action against us.
·
The county did not investigate our property, but in direct
contradiction the Code Enforcement spokesperson stated to the Board of
Commissioners, we refused to allow the county onto our property. The then East
Cobb Commissioner, now Chairman Sam Olens demanded we receive a
‘citation’, without so much as a notice of any problem and despite multiple
previous inspections, vindicating us and confirming our compliance with the
county requirements, as well as providing us with approval. He demanded we
receive a citation, in direct violation of county code and the record, stating
inaccurately we did not allow the county on our property. We were NEVER asked
by the county to enter our property, following our request as to why furtherance
of the issue was required however. The notion of not allowing the county to
reinspect, would later be noted on Plaintiff’s attorney billing records (for
BCCWR). Strangely enough, Sam Olens who obtained the position of Chairman
shortly after, received a doubling in pay to $106,000 along with an approval of
15 hours of private, professional work to supplement his pay, in a bill led by
Senator Clay in the next legislative session, along with full time status
enabling enhanced benefits. Chairman Olens owns a law practice in Cobb County,
like Senator Clay. The bill (SB245), and corresponding law, did not apply to
the next elected official, but to Olens immediately.
·
By September, I attended the Commissioner’s Meeting after having
seen the replay of prior meetings, where I explained, I have come to be
accountable. The ‘Notice of Violation’, not a “citation” as Olens had directed,
was mailed to us. This false violation was subsequently rescinded in a 4-0
vote, at this Commissioner’s Meeting. While based upon Olens position, access
to records, and training as an attorney by trade, he should have known a
citation was not an appropriate vehicle in accordance with at a minimum county
code, he ordered that action and overturned the same. Despite the unanimous
vote, in our favor, the entire Commission proceedings were in direct
contradiction to the procedures, established by the County, regarding the appeal
of an administrative decision by a county official, in the this case Community
Development. The Says again threatened to sue the county, structural engineers,
commissioners, and other county employees. They stated this to a Marietta Daily
Journal reporter. We were called by the Journal, who requested to come to our
home. The story appeared on the front page of the Marietta Daily Journal, next
to the Oil Embargo Crisis! The Says later threatened to sue various county
employees in October 2000 and May 2001.
·
Our first hearing was June of 2000, with Judge Fluornoy, Jr. He
informed Plaintiff’s counsel, they had no valid plaintiff and must address the
issue, or he would throw the case out. Calhoun (Plaintiff’s attorney, and
partner of BCCWR), filed a false consent order, noted in our attorney’s letter
to the court, and Calhoun’s billing records ultimately. Further in pleadings,
Plaintiff’s attorney argued they did in fact, have the wrong Plaintiff. But
they never corrected the error, despite 2 original filings, a dismissal, and a
renewal of the action, culminating in 3 years of our lives and savings.
·
Following this hearing, during the month of November, we received
another lawsuit. This time it was in the name of the Says and Odoms, the
adjoining neighbors, who were both guilty of violating county code and
covenants. They accused us of violating county code, malicious prosecution,
libel, and slander. The lawsuit was filed by the same attorney, Richard
Calhoun of BCCWR, also a former County Attorney. This is the
same law firm, who filed the fence lawsuit, which based upon evidence was in
direct opposition to underlying documents. Testimony served to bear out a
concerted and related effort between the suits, and ultimately insurance
attorneys. However, one of the most frightening details in this single aspect
was the overwhelming scope of the effort against us. In the Say/Odom lawsuit, a
December 28, 1999, phone call between Ross Lang and me was specifically and
erroneously listed as a claim. Not only was the call explained in opposition to
the complaint, but the mere knowledge of a private call, could not be explained.
Lang testified, Ms. Say came to his house addressing the phone call specifics,
without him having divulged the call first. And more alarming was the timing.
She visited his home to explain the topics of the private call, without
invitation or provocation. BellSouth records showing a physical cross in the
phone lines were generated and provided to the insurance company and insurance
attorney, with no action on either the part of the attorney or the FCC.
·
Our insurance company of 23 years, USAA, my husband being a
retired USMC Lt. Colonel, filed absolutely nothing to address our rights in this
2nd case by the neighbors, and after testimony exonerating us
completely, settled with our neighbors, effectively paying them to videotape our
property, from atop 12 foot high ladders, and harass us in a countless number of
venues. Our rates were increased beyond state law allowance and confirmed to be
beyond the bounds of law. And ultimately, our policies were canceled. Even our
homeowner’s insurance, which we were told by USAA did not provide protection to
the legal efforts lodged against us. However John Oxendine, the State
Insurance Commissioner, though one of his employees stated this activity
was in violation of state code, would not initially address the issue.
Conflicting responses and paperwork verify an unwillingness to address this
obvious wrong. Oxendine did allow us to provide information directly and
committed to contacting USAA, himself. Despite calls and emails, we have never
received follow-up from him or his office to date.
·
After obtaining an affidavit from the Director of Community
Development (Code Enforcement Department Head), clearly stating we were in
compliance with county code, along with our neighbor’s lack of code compliance,
the Plaintiff dropped their Motion for Summary Judgment, regarding county code,
in the fence lawsuit, and amended the complaint to delete all references to a
county code violation.
·
Repeatedly we pointed out a lack of covenant compliance, the
direct contradictions regarding the 1996 Amendment, and the willful efforts of
the Plaintiffs, neighbors, and insurance companies.
·
Our efforts included contacting the developers, taking pictures,
copying documents, and phone call verification. However, no county agency would
address, our being videotaped, watched from atop ladders, damage to our
property, a false criminal investigation, of which the Cobb County Police
Department now has no written record, and countless other egregious
efforts by various agencies.
·
We finally obtained a court date in the original lawsuit regarding
our fence in January 2002. On the Friday before a Monday court date, the
lawsuit was dismissed.
·
The lawsuit was renewed on June 7, 2002. In this version, the
issue of county compliance was abandoned, along with concerns about the front
fence. The back fence, of which the approval was well documented but rescinded,
was now the focus. Asking the court to effectively rewrite our covenants, via
litigation rather than a vote of all owners, was also part of this suit.
·
Our court date in Cobb County Superior Court before Judge
Adele Grubbs, was March 7th and 14th of 2003.
Judge Grubbs limited testimony, allowed Plaintiff’s Attorney to submit billing
records including costs prior to the renewal and for issues not involved in the
fence lawsuit, accepted false statements of Plaintiff’s Attorney as fact,
interrupted/disallowed questions by Defendants, scolded Defendants during
testimony, and ruled in direct opposition to the covenants, court records,
documents, Georgia Code, and sworn testimony. In fact, the judge ruled a
non existent corporate entity had precedence over our and 112 other neighbors
property, despite hard evidence. Our covenants, if they are indeed
valid, identify LMTA, Inc. as the only corporate entity with authority over our
property. Additionally, Judge Grubbs quotes testimony by individuals as fact,
when the transcript shows no such statement was even made. Further, she awards
more than $50,000.00 in attorney’s fees and costs against private homeowners, a
young family of 5 in direct opposition to the statute she cites. Part of her
justification for the bond and fees was, we sent notices to our neighbors after
the lawsuit was filed, informing them of what was happening to us and the effect
to their property. The judge effectively punished us for exercising our freedom
of speech rights. No one challenged the truthfulness of our statements. We
were punished for making others aware. This after we have been sued 5 times,
including amendments, by the same involved parties. Moreover, our attorney fees
and the original cost of the fence bring our total costs to over $100,000 for an
approved fence, required to secure our property from those
claiming to be members of the alleged ACC or “Board”, using their positions for
no less than harassment, coercion, and abuse, for activity the US Statutes, GA
Code and the covenants, if valid, should have protected us from. Furthermore,
despite the fact county code was no longer an issue in the suit, Judge Grubbs
ruled we were in violation of county code, thereby in my opinion denying our
Constitutional right of equal protection under the law, because she effectively
applied County Code differently to us than approximately 700,000 other
residents.
·
Imagine our horror, when District Attorney Pat Head divulged to us
and our neighbors, he was not aware of a problem with our fence, until he
overheard 2 members of the Chamber of Commerce, who are residents of our
neighborhood, Bill Cheeks and Tom Hill, discussing the issues with the judge a
few weeks prior to our hearing. How can it be proper for the judge to engage in
a public discussion of a case before her? This was reminiscent of the
revelation in a recent Forbes article, regarding the Chamber of Commerce effort,
furthered by Republicans, focused upon control of the courts via ‘business
friendly’ judges, (Forbes Article, “Big Business Buys Up State Courts”,
7/10/03). Senator Clay’s campaign disclosure forms, submitted to the Secretary
of State and Board of Elections, interestingly show Wellstar provided over
$200,000 income to Senator Clay during one recent year. Tom Hill is a former
CEO of Wellstar.
·
Needless to say, we have filed an appeal in this case. Even
getting transcripts has been stalled by the county courthouse staff. But not to
our surprise, was legislation sponsored by GA Senator Chuck Clay, partner of
BCCWR, the Plaintiff’s attorney in both cases, which increased pay for key
County Clerk Staff. Moreover, Clay’s spouse, along with other associates, are
or were employed by the courthouse.
·
The alleged Board (LMHA, Inc.), following the ruling, published a
document in direct opposition to the judge’s order. They informed residents
that LMTA, Inc. was the proper ruling party, as per Judge Grubbs’ ruling. This
was completely in opposition to their request or her ruling, for LMHA, Inc., as
testified to under oath by Cannon. Then the next correspondence was a demand
for dues from LMTA, Inc., despite the fact our common area of 10 acres, that
which dues could be collected for per covenants, was sold to a foreign
national. When visiting the home of the purchaser, Mr. Eric Vonk, I noticed a
placard at his front door, with the following identifier, the Consulate of the
Netherlands, along with a ‘Diplomat’ identifier on his car tag. Our deeded
interest, common area of 10 acres was sold by a Phase I resident via quit claim,
Ronald Cannon, who by his own admission had no right or responsibility to that
parcel of land, in any way shape or form, at any time in history. Cannon was
the same person, who rescinded our approval in violation of the covenants, and
filed the fence lawsuit against us, who like State Representative Sharon
Cooper of East Cobb claimed to be personal friends with our British
neighbors, the Says. While Cooper publicly raised the issue of this travesty
referring to the legal situation and continuous harassment associated, swore to
have no involvement. Could it be Ms. Cooper was not told her name appeared on
the witness list of the suit filed by the Says, her dear friends? Cannon,
during the original lawsuit and prior to the renewal of the lawsuit according to
billing and Secretary of State records, had allowed the corporation, Plaintiff
LMHA, Inc., a corporate entity, to be dissolved. Despite that fact, he presents
himself as the President of LMHA, Inc. in the March 2003 trial, and the judge
orders that entity to be the prevailing party. Secretary of State records show
no mention of Mr. Cannon having ever been listed as President of that
corporation, despite his sworn testimony, that he has continuously held that
position since 1997. Meanwhile the Says, following the judge’s order in favor
of LMHA, Inc., sent out a demand for dues money in the name of LMTA, Inc., via
threat of lien on our property and that of our neighbors. Another adjacent
neighbor, persuaded to join the Says in falsely addressing the Board of
Commissioners about our property, has now been appointed to Chairman of the
Architectural Control Committee (ACC) of the neighborhood, in violation of the
covenants.
There are countless, more
shocking (and verifiable) details, excluded for the sake of brevity. But please
understand, this is a nightmare centered on property right reduction/abduction,
and harassment imposed as a result of objecting to that theft, using varying
forms of government against private American property holders, by Republicans,
elected officials, or governmental agencies. Moreover, the lack of judicial
redress voids both property, as well as state, federal, and/or constitutional
rights, in our opinion. Beyond our inability to sell our property, the
requirement to fight multiple lawsuits for which we have no responsibility or
fault demonstrates we are being no less than persecuted by the Marietta or Cobb
County Juggernaut, recently documented in the book, And the Dead Shall Rise.
While we believe Homeowner’s Associations are unconstitutional, we are
unquestionably being ridiculed and harassed by one that has been dissolved at
the very hands of those filing lawsuits, as they publish statements to the
contrary to neighbors, without so much as providing us a copy. Inspite of being
terrorized, we sent out a letter, telling our neighbors of our court hearing,
for which Judge Grubbs declared us to be financially culpable, and required to
pay in the amount of $50,000, dating back to the original suit, in which the
Plaintiff dismissed the suit, “to avoid corporate legal issues”.) When they
renewed the suit, they abandoned any issue with County Code compliance, but the
judge ruled on the matter, despite the fact it was not an issue in the
complaint. And yes, she ruled despite testimony to the contrary, the issue
being previously adjudicated thoroughly and repeatedly by the county, and in
opposition to the county’s final disposition, we were NOT in violation of county
code governing fences!
When we purchased our home, we
were told there were no covenants. Our deed reflects no mention of
restrictions. However, we have just learned through the Appellate Court Record
review, that every other property in the neighborhood sold by Decatur Federal
Savings and Loan (the seller, which is now part of Wachovia), included a
disclosure of the covenants on every other individual deed, except ours. While
we specifically noted in our purchase contract, if there were covenants, we
needed to be provided them, as we did not want to buy a property bound by
restrictions, the disclosure was purposefully left off our deed, unlike all
others sold at that time, by Decatur Federal. Despite these facts, using case
precedence for an inapplicable case, Judge Grubbs ruled our covenants were a
contract we agreed to with full knowledge. This could not be further from the
truth. In fact, Georgia Code requires both parties to a contract to fully
assent to ALL provisions of the contract, before a contract can be legally
binding. This standard of law clearly has not been met in our case. This, like
the 9th Circuit Court of Appeals in California, is a case of a Judge
legislating away civil rights from the bench, in direct opposition to the laws
enacted by an elected legislature, and the deeded evidence provided to her by
the plaintiff, in the case upon which she was ruling.
While developers can purchase
land with threat of litigation, for any restriction upon their right to use
property as they choose, the immediate filing of covenants, only serves to
violate American Citizens rights. Whether the covenants are filed properly,
disclosed, obeyed, or enforced is not regulated in any fashion in direct
opposition to prevailing property and/or contract law. As in our case, a non
existent entity [LMHA, Inc.], and another created by my husband [LMTHA, Inc.]
after the first lawsuit was filed to further the lack of Plaintiff existence,
was ruled to have dominion over property owners or deed holders despite
existence or corporate ownership, by the stroke of the Judge’s pen, without
regard to evidence in direct violation of filed deeds, corporate registration,
or the Covenants, if in fact they are valid or applicable. However Judge Grubbs
ruled in our last hearing, if we challenge our properly filed, corporate
interest, LMTHA or appointment of the ACC by developers James O. Knox and Jim
Ross, we will be held in contempt of court. We would like to make
this story known, so that others would not be forced to endure what we have, and
to circumvent such repetitive activity. The cost, political involvement,
ramifications, and current “Chamber of Commerce” effort, known to be growing
nationally, is frightening and must be exposed, lest American freedom would be
the resultant loss.
It is our hope to create enough
exposure to protect others. Please feel free to contact us, regarding the full
story including State House and Senate member participation, along with an array
of elected officials, currently serving and/or candidates seeking higher
office. We approached Governor Sonny Perdue’s staff, Johnny Isakson, and Bob
Barr, with no assistance to date. The Marietta/Cobb influence has been
something no one wants to become a target of or in opposition to. Specifically,
we were told: (1) Just sell your property, from a man whose family’s livelihood
was derived from real estate, (2) We didn’t have enough money to fight for our
rights against Brock, Clay, & Calhoun’s law firm, and (3) There’s nothing we can
do, as this is a legal matter. May God Almighty forbid it! But after
sustaining damage to our fence, having our neighbors videotape us, being
watched from atop ladders, contractors threatened, feces dumped adjacent to our
property, bushes cut, petitions taken door to door, witnesses and county
officials threatened, and accusations of crimes without redress to name only a
few, we and our neighbors are left numb and dumbfounded!
Initially we hesitated to speak
of all this, when the Police, County Officials, and Courts, continued to punish
us, while the abuse became more severe. Our attorneys feared more acts to
financially break us. However, we must speak out, lest we should be treated
like other local victims of long ago, as Steve Oney, so recently documented. We
have tried to contact state and federal agencies to no avail. Local politicians
are shocked and horrified, but afraid to oppose such overwhelming powers. We
are NEVER without fear, and are quite certain, the information we have briefly
shared will not be the end of this nightmare. Not only is our economic future
frightening, but our children are afraid to be in the house. Once a home we
brought our children to, from their birth, with so many dreams, has now become a
tomb which we continue to pay for, but cannot be freed from. Beyond a family
mortgage, our monthly costs have included fees to no less than 4 attorneys after
as many years. A once very successful and well planned couple has been choked
to death for only obeying the law and standing up for our rights. A guest in
our home for a conference call with Governor Perdue, informed us after the fact,
she (a doorkeeper for the Senate), had been providing reports of our personal
activity to Senator Chuck Clay, while one of the highest ranking Republican
officials in the State House, Representative Sharon Cooper, declared she was
in no way involved, despite her stated relationship with the Says. However,
in direct opposition to her statement, Cooper is listed directly as a witness
by the Plaintiffs. And Senator Clay, along with Representative Rob
Telheit, is also listed in the billing records, as having charged time to the
fence lawsuit, despite Clay’s insistence to me personally, that he had no
involvement and their lack of appearance in the case.
For those who say they don’t
like politics, my message is, regardless of personal likes or dislikes, every
American needs to understand the implications and influence of politics and
politicians. For surely, none of us are truly immune or safe! For how else
could a family with 3 small children be so overwhelmingly besieged, with no
recourse or protection from such obvious wrongs. And who else can be caught in
the sights of those so willing to misguide their power and control. Provide the
world with updates of wars in other countries, but please stop for a minute and
imagine, not being able to enter your home, make a private phone call, being
videotaped, monitored, and your actions conveyed to politicians, in this country
with no protection or civil rights. What if the police, courts, and private
citizens were afraid of assisting you, while everything you worked for or own
was taken from you? How do you explain that to your friends, your children,
your parents? I apologize for this summary, which seems to be so lengthy, but
hear my plea for both freedom and justice, I pray. Below you will find a link
to the Plaintiff’s attorney and partner. Maybe then, you can understand how the
law and contracts as written can be circumvented, having less priority than
human or constitutional rights. Thank you for your time and interest in this
grave matter. If you have any questions, concerns, or desire additional
information, please do not hesitate to contact us.
After waiting 4 months for the
Appellate Court Record to be sent up by the Superior Court Clerk, we were able
to view the documents. We went to the Appellate Court Building to create an
index of documents for the case. We recognized there were specific pleadings
not present relating to deeds submitted by the Plaintiff in the underlying
case. Additionally transcripts requested in June had not been supplemented by
the Clerk to the Appellate Court Record, as we were told they would be. But
when viewing the Appellate Court Record, we were shocked to see a
document, we had never seen before. Our counsel had signed a stipulation
allowing only depositions and affidavits from the original case, before it was
dismissed and renewed. Therefore the pleadings, in which Calhoun admitted the
wrong Plaintiff was used, were not included in the record. Upon seeing this, my
husband directed counsel to request the record be supplemented. The Appellate
Court ruled the lower court is the appropriate avenue for supplementing the
record, and as a result the issue was remanded back to Judge Grubbs in Cobb
County Superior Court. In despair we contacted the Appellate Court, only to
learn our attorneys could have asked the Appeals Court to reconsider this
decision in direct opposition to their statements to the contrary.
Strangely enough, we obtained
an immediate court date for the first time in 4 years, something NEVER possible
before. Calhoun subsequently filed a ‘Motion to Dismiss’ our entire appeal, as
we have caused an undue delay he claimed, that’s after forcing us to endure 4
years of frivolous lawsuits, harassment, and abuse, in our opinion. The fact
that a court reporter took 4 months to complete a transcript, he cites as our
responsibility and a reason for negating the right to an appeal. However the
transcript was actually filed before the Judge’s Order. It was the record that
took 4 months to compile, and the record is not the responsibility of the
Appellant, but the Clerk to prepare. In fact, once fees are paid, only the
Clerk can handle the record or its contents. We argued via written pleadings
against the Motion to Dismiss our appeal, along with his request
for attorneys’ fees and costs in the amount of $50,000.00 and injunctive action
against our fence on October 30th. But again Judge Grubbs stated,
when our attorneys began speaking, she had already made up her mind. Judge
Grubbs denied our Motion to Supplement the Record, with documents from the
original suit, despite her award of attorneys’ fees for those very documents,
thereby restricting our constitutional right to present our defense, in our
opinion.
Upon the receipt of the Judge’s
Order, we filed a motion requesting 45 days in which to obtain the bond.
Calhoun, Plaintiff’s Attorney, agreed in part and created an order for the Judge
to allow 30 days, until January 23rd. On
Saturday, January 10th, we received an order ruling on the extension
from Judge Adele Grubbs, which she signed on January 6th. She has allowed us
until Thursday, the 15th of January to post a $50,000 bond, for the
efforts of a law firm to destroy a law abiding family! Keep in mind, we had to
put up a fence, as members of the Plaintiff were entering our property,
videotaping us in our backyard, and/or threatening those who worked at our
home. Members of the alleged PLAINTIFF
AND COUNTY approved our fence, in oral and
written formats. But yet, the PLAINTIFF WITHDREW OUR APPROVAL 3 MONTHS AFTER
COMPLETION, SUED US, AND NOW THE JUDGE SAYS: WE DID NOT HAVE APPROVAL, VIOLATED
COUNTY CODE AND WE MUST PAY $50,000,
and
remove or drastically modify our fence, at great expense to us to whatever is
currently desired.
We cannot fathom how this
nightmare and continued reduction of our rights continues. It is as though the
entire courthouse network is at play, and the playing field is not level. We
are now responsible for every effort of court reporters and clerks, to include
timeframes and inaction. Moreover, we are continually penalized and have our
every right reduced without regard, despite constant follow-up, payment of fees,
and efforts to comply with all procedural requirements. Following the October
hearing, Judge Grubbs allowed Calhoun of BCCWR to write the order, but
instructed him to get it to her immediately. During Christmas on December the
22nd, we received the judge’s first order. The order allowed only 10
days not from receipt, but from her signature, on December 18th, to
obtain a bond. This afforded us only 1 business day, which no bond company was
able to complete. Also telling, most companies do not provide this type of bond
for personal families only businesses, as such an award is so egregious and
uncommon. Our understanding of the O.C.G.A. § 13-6-11, and associated case
precedence, does not provide for the award of attorneys’ fees in an equity suit,
such as ours. We requested an extension and received no response until January
5th from Calhoun. Mr. Calhoun provides an order for the judge to sign, allowing
30 days from the December 23rd date. Once again through regular
mail, we received a letter from Judge Grubbs, providing an extension to January
23, 2004. Imagine enduring ALL such a barrage of harassment, in addition to
erroneous and unnecessary cost, directed out of sheer retaliation for speaking
out against your common area being sold to a foreign diplomat.
Our lives, home, and family remain in
jeopardy!!!
May God be with us all! While
we remain frightened on a daily basis, this case sets a precedence and pattern,
which can be used against any property owner. Via her ruling, Judge Grubbs has
paved the way for any property owner to be sued by a non existent entity,
prevail without cause, and be forced to pay for such harassment, despite county
code, Georgia Law, Federal Statutes, and Constitutional Rights. Where has the
rule of law in Georgia gone? As Judge Roy Moore stated, in refusing to rule
based upon law, the court is now ruled by tyrants, in direct violation to the GA
and US Constitution.
Our fear is that private
citizens can no longer obtain justice, even when the only guilt is protecting
their family or their property, which should be a right. Our neighbors watched
our property and entered onto during our absence according to an adjoining
neighbor. They began putting up ladders, from which they watched and videotaped
us. As a result of this action and several other more heinous and appalling
efforts, we were forced to put up a fence to protect our family and property.
Subsequently, we have been sued and defeated by a Plaintiff, who according to
the Plaintiff’s billing and the Secretary of State records, does not exist, as a
result of dissolution. Although we were not sued for breech of contract, the
judge ruled this case as a contract dispute when, even if the covenants are
deemed to be valid, neither of the two plaintiffs are listed in the covenants.
Therefore, they are not parties to the contract and as such, cannot sue to
enforce the contract, under Georgia law. Moreover our deed is not encumbered by
any restrictions or covenants, but Judge Grubbs applied them to us, none the
less. They can garner a verdict in their favor, change the covenants of 113
properties via a judge’s order, apply them where a deed does not allow, punish
us if we respond or speak of it to any neighbors, and then attempt to negate
our rights to appeal, based on the timeframes of courthouse staff. How can any
of this be allowed?
We pray for your patience in
reviewing the story provided. Should you need ANY supporting documentation,
please do not hesitate to contact us. We are beyond belief and pray this is not
the fate of other homeowners in Cobb County Georgia or other locales around the
state of GA and America. But the stature and authority of the law firm
initiating this effort and others, is no less than frightening! What will be
the resulting influence and effect, if the senior partner of the law firm
initiating these actions locally, while proclaiming ties to the White House and
Halls of Congress, is successful in his US Congressional bid? First the
‘Patriot Act’, and now NO judicial redress, as Chamber of Commerce efforts can
determine the ability to be heard in a court of law, subsequently becoming the
prevailing rule of law. Or when non-existent entities can reign over property
owners with threats of contempt and excessive fees for speaking of this travesty
without owners even being made aware, where and how can one find justice? God
be with us all.
Sincerely,
Taffy and Andy Rice
taffyrice@mindspring.com
770-605-5921
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