THUMBNAIL HISTORY--FIGHT TO SAVE THE PUBLIC'S NATURE PRESERVE
Save The Public's Lynn Vietor Nature Preserve (STPLVNP) appeared in the Humboldt Superior Court on 2 October 2001 in a class action lawsuit to enlist the `rule of law' to stop despoliation of the public's Nature Preserve and the Vietor's architecturally significant residence (and other egregious post '92 HAF and WFB activities) breaching `founder' Vera Perrott Vietor's 1972 will and trust. Unfortunately, the Judge ruled against STPLVNP in favor of the `destroyers', based on HAF's `kill Vera's messenger' legal strategies, ignoring the destruction of public property by its `trustee' (HAF).
Vera's will created the Lynn Vietor Nature Preserve of Vera's 14.3 acre real property at Indianola including her architecturally significant residence as designed (1941) by Portland architect John Yeon (deceased 1994) as displayed photographically at the New York Museum Of Modern Art alongside works of Frank Lloyd Wright in the early 1940's. This all survived pristine for 22 years. Thanks to post-92 HAF, no more.
Vera's will clearly and unequivocally mandated that the 14.3 acre Indianola property cum public Lynn Vietor Nature Preserve be guarded `native and unspoiled', not even to be despoiled by `a picnic table'. So it was for the first 22 years. But in a transition (coup d'etat) starting in 1992, HAF, until then a charitable foundation simply allowed to reside in the Vietor residence, changed philosophy drastically, scrapped the method of selecting the until then HAF Board Of Governors. This lead to chicanery and duplicitous acts resulting in the despoliation of the Public's Preserve and Vietor residence funded by the invasion of Vietor Trust principal, manifested in the `first' destruction of the Nature Preserve with bulldozers, chains saws, wrecking bars and paving machines in 1995.
Contrary to HAF's egregious claims otherwise, these first surreptitious '94 and '95 acts breaching the Vietor will and trust were not divulged to, thus not approved by the Court or the California Attorney General, nor know to `interested and affected' parties, the public owners of the despoiled treasures, who were thus denied their `due process and equal protection of the law' by not being informed of the plans for these deplorable acts.
When the Vietor's original (72) trustee Crocker Bank was bought out by Well Fargo (94), HAF `volunteered' to become the replacement `land trustee' (Dec 94), to simultaneously act as beneficiary and trustee under the Vietor will and Trust. But HAF had a bogus building permit to despoil the Nature Preserve already in hand. HAF (Feb 94) surreptitiously approached Humboldt Planning for and received (Jun 94) what STPLVNP allege was an illegal and fraudulent building permit to despoil the public's 14.3 acre Nature Preserve, making a mockery of Vera's will and Trust. In the ensuing post-94 land use `conflict of interest', HAF as `interloper' land trustees despoiled the public's Nature Preserve and architecturally significant Vietor residence vs. abiding by their recently `usurped' but still solemn fiduciary responsibility as `land trustees' to guard the treasures `native and unspoiled' for their public owners (in trust). HAF's `hidden' incentive? As usurping land trustees (94) HAF claimed the right to invade trust principal to `maintain' (actually destroy) the property Vera clearly left the public. HAF's `double duplicity' has arranged for Vera's principal trust to fund 100% of the current building and parking project destroying 10 % of what Vera left to the public to be guarded `native and unspoiled'. HAF's claims to honor their founder and protect Vera's legacy, bunk!
The public owners and Vera's heirs knew nothing of the 94-95 activities, never being informed of any Court or other Trust and will breaching proceedings. Only by chance did Vera's heirs hear of HAF's mid-99 announcement of the second major despoliation, the new office building. Vera's heirs pleaded with HAF not to further despoil the public's Nature Preserve, but were rudely ignored and dismissed. Vera's heirs took HAF and WFB to court in August 1999 to stop the despoliation. Their efforts were initially successful in delaying (if not stopping) HAF's planned August 1999 `break ground', but were eventually thwarted by HAF and WFB persistent and egregious `legal actions' which averted any Court focus on the facts and merits of the breach, resorting to obfuscation and dissembling, in a `kill Vera's messenger' ploy, culminating with the California Supreme Court refusal to review the case in February of 2001.
The Court's legal `reviews' were limited to Vera's heirs standing (killing Vera's messenger), never the merits of the case, the breach of the Vietor will and Trust and destruction of public property by HAF with WFB complicity. HAF's post '92 chicanery , has thus never been adjudicated in court. The Courts found ways to `accommodate' HAF's egregious breach of Vera's trust and will to destroy the public's Nature Preserve funded by invaded Vietor Trust principal. Money Vera meant for charity, never the destruction of the public's Nature Preserve.
Meanwhile the delay in break ground from August '99 resulted in HAF's building permit of '98 expiring. Vera's heirs appealed the extension of the alleged `illegal and fraudulent' permit to Planning (Jan 01), then appealed to Humboldt Supervisors (Mar 01) then appealed to the California Coastal Commission (Jun 01). All appeals asked that the illicit '98 building permit be rescinded as being illegal (destroying a public Nature Preserve) and fraudulent (HAF in the applications never divulging the true nature of the property). This to no avail before the respective bureaucracies, all ostensibly cowed by HAFs `sacred cow' image as a charity, ignoring that post-94 HAF as the `illicit-interloper-land-trustees' with WFB complicity are the culprits, not `charitable' HAF.
Having lost in the legal arena with the California Supreme Court refusal to review the case in Feb 2001, STPLVNP as an `interested-and-affected' party was created as an association for a class action suit to stop the despoliation of public treasures. STPLVNP's original Court submission heard on 26 Jun 2001 was accompanied by a Temporary Restraining Order (TRO) request. This was denied by the Court, leading to HAF breaking ground to further despoil the public's Nature Preserve the first week of July 2001, having been delayed some 22 months, but now `legally' wreaking further irreparable damage on the public's Lynn Vietor Nature Preserve.
STPLVNP submitted their Amended Class Action suit (2 August 2001)
to try to finally get the `rule of law' to work, for the court to review
the true merits of the situation and save the public's Nature Preserve
and uphold the Vietor will and Trust. It was denied by the court on 2
October. Thus ends the two year `legal' saga to stop despoliation of Vera's
public Nature Preserve by the North Coast's own `Santa Claus' HAF. Does
HAF really have to destroy a public Nature Preserve to give away charitable
funds? A real travesty and miscarriage of justice. As to HAF's current
LEAVE A LEGACY campaign, these people have destroyed Vera's legacy. Caveat