Home / Thumbnail Story


Vera's 1972 Will


Vera's Nature Preserve Saga

HAF Revered or Reviled?

Happy 2002

Caveat Emptor

Forum
What's Your Opinion?

HAF Breaks Ground

 

Printable Form to Support Class Action

Open Letter to Supporters

Aug 01 Class Action Suit

APPEAL TO CALIFORNIA COASTAL COMMISSION
 

Vera's Lament


Save the Nature Preserve


Protest Humboldt Area Foundation Building Permit To Supervisors


Invasion Of Vera's Trust Principal


Dolly Coffelt Declaration


Watchdogs Declarations


Timeline Of Humboldt Area Foundation Saga Development


Vera's Watchdog Rebuttal To Humboldt Area Foundation Public Misinformation


Bogus Attorney General's Letter


Internationally Acclaimed Architect John Yeon


Contact Us To Join The Class Action Suit



Perrott Family Album


Standing (Courtroom Rights)


Humboldt Area Foundation Board Of Governor Appointment


Who Owns The Property


Tell A Friend


Relevant Links



Contact Us

 

HAF And Bank 1999 Building Approval Court Chicanery

Post 1992, in the Pennekamp era HAF and Wells Fargo Bank (WFB) went before the Court on several occasions to get Court approval of motions (joint petitions to instruct trustees) that breached Vera's 1972 will. The Perrotts allege that post 1992 HAF (WFB) participated in a series of well planned incidents of breach of their fiduciary duty as trustees to carry out the solemn duties that Vera entrusted to them in exchange for her setting up the San Francisco Bank Principal Trust, and creating HAF as the recipient of the Trust income (only) to benefit the North Coast public. Her quid pro quo, was protection 'native and unspoiled' of her cherished public Lynn Vietor Nature Preserve including her 'architecturally significant' residence.

To put it in layman's words, post 1992, HAF 'recreated' Vera and her 1972 will, in court proceedings, thwarting Vera's intent, to instead serve their own clandestine self serving aims. In HAF's first 18 years, Vera's first Executive Director, Ellen Dusic, never went before the Court asking for `instructions'. She just ran HAF strictly by Vera's clear and unequivocal mandates. Not so, post 1992, in the Pennekamp (new Board of Directors and method of selecting them) era.

Below is the April 30 1999 HAF (WFB) court `petition' that documents what the Perrott's allege is charlatan HAF getting permission (with Wells Fargo's Linda Burille's complicity) to do two things barred by their Founder Vera Perrott Vietor's will:

1) Despoiling of the public's Lynn Vietor Nature Preserve, which Vera mandated be kept `native and unspoiled', not even to be despoiled by 'a picnic table or barbecue pit.'

2) Invasion of principal, on which subject, Vera's will is unequivocally clear stating that HAF was only to have income, not be allowed by the Bank to have access to the Trust Principal.

Vera's heirs, named in her will to take over if her will was breached, were never advised of any court proceeding (after 1974 probate) like the court proceedings documented below. Vera's Perrott watchdogs take the liberty to respond to the post-1992 distortions of Vera's intent and will at this time in the COURT OF PUBLIC OPINION, having been egregiously denied that opportunity earlier in the COURTS OF LAW. The Vera's Watchdogs believe this is still America, and there should be a `rule of law'. Vera's interests were denied 'equal protection and due process of the law'. The seven page 1999 Court document is presented below. The circled number denote areas where the Perrotts make rebuttal, which are presented in below shown documents:

please scroll down

 

 

The following are the allegations that the Perrotts would have made on their aunt Vera's behalf if they had been given proper legal notification and been present at the 30 April 1999 court hearing in which HAF countersigned by WFB petitioned the court TO DESTROY THE PUBLIC'S LYNN VIETOR NATURE PRESERVE WITH INVADED TRUST PRINCIPAL

(1) The Perrotts with an interest in Vera's will were not given legal notice, knew nothing of the proceeding to breach Vera's will in 1999 or earlier in HAF post 1992 'rethought mission' era.

(2) WFB's resignation was a breach of the Bank's fiduciary responsibility to Vera. She wanted a Trust Bank to be the trustee over the 14.3 acre public's Lynn Vietor Nature Preserve at Indianola, not an `ad hoc' organization like HAF with no concept of fiduciary responsibility. HAF also had a conflict of interest to get control of (and destroy as they already had in 1995) the public's Lynn Vietor Nature Preserve. Vera wanted `checks and balances' and 'independent oversight'. HAF becoming the trustee of the 14.3 acre Nature Preserve defeated Vera's aim.

(3) This is an admission in Court in 1999 that INVASION OF PRINCIPAL had been clandestinely going on since 1995 or earlier. HAF (WFB) did not clear the 1995 'destruction' with the court, surreptitiously went directly to the Planning Commission for a permit, masquerading as the 'owners' of the property, not trustees with a fiduciary responsibility to husband the property 'native and unspoiled'.

(4) HAF claims ( in court) sensitivity to preserving the John Yeon masterpiece (as displayed in the New York Museum Of Modern Art in the early 1940's alongside works of Frank Lloyd Wright) but have duplicitously (on site) irreparably destroyed it. It is almost beyond renovation to its pre 1995 state, and it would take a huge sum of money. This is a gross prevarication and obfuscation on the part of HAF and WFB.

(5) This is an admission of breach of Vera's will (invasion of Principal) in that HAF was to have access only to Trust income (first paragraph of Vera's 1972 will) for the purposes of their North Coast activities.

(6) Further admission of `past' Invasion of Principal outlawed in Vera's will

(7) HAF does not have it right. Vera gave $2.4 million in cash. But she had timber and other assets that sold became liquid after probate. Humboldt County Court files indicate that Vera's total contribution to the Principal Trust, with HAF as beneficiary (of income) was approximately $4.3 million. By under reporting the original money, HAF make themselves look like greater heroes for the growth. Vera's original money grew to about $10 million mid 1999. But by mid 2000 it is reported as under $8 million with `invasion' and the first half of year 2000 stock market swoon. With the continued `invasion of principal' and Vera's Principal to take a hit for $1.3 million (if HAF prevails) for the `illegal' building inside the Nature Preserve, it is predictable that Vera's Principal trust will shrink appreciably in the future. Kill the hens (principal), there are fewer eggs (income), finally no hens, no eggs.

(8) The `growth' indicated at $45 million is thus mostly from other donors who have chosen (been lured) to join Vera under her HAF umbrella since 1974 when HAF was first up and running.

(9) HAF now has some 12 to 15 people shoehorned into the largely devastated John Yeon's architectural masterpiece. This is a travesty of HAF mismanagement and breach of their fiduciary responsibility to guard the public's residence and Lynn Vietor Nature Preserve `native and unspoiled' as Vera left it in 1972.

10) HAF proudly reports the increase of traffic. The 14.3 acres is the public's Lynn Vietor Nature Preserve. Visitors should park outside, then walk into a `nature preserve'. Only a mismanager would plan to bring large numbers of non `nature reserve' visitors and their cars into such a sanctuary, which breaches the 'letter or spirit' of Vera's will.

(11) HAF proudly reports the `over population' of vehicles that they as a mismanaged HAF have caused. To not breach Vera's will in 1994 (when HAF went to Planning - bypassing the Court- to put in a parking lot and devastate the residence), they would have instead, moved their expanded operations off site. There are no excuses for HAF destroying the public's Lynn Vietor Nature Preserve and John Yeon home as HAF has done (1995), breaching their fiduciary responsibility to Vera and the owners of the Nature Preserve, the North Coast public.

(12) The proposed new building (1999) takes up (destroys) about 10 % of the 14.3 acre Nature Preserve, that is on top of the 1995 destruction. If allowed, HAF will eventually gobble up all the Nature Preserve for their miss-directed `empire building.' They should do that off site, in areas that are not `nature preserves'. Could it be simpler?

(13) HAF, as Vera envisioned it was to be a charitable, philanthropic `non profit'. She would not approve of HAF destroying her nature Preserve (in any case) to expand to do `for profit' and `chamber of commerce' type activities that HAF divulges here in, topped off with invasion of Vera's principal.

(14)HAF proudly announces all the `for business' (not non profit activities that they are dabbling in). This leads HAF to HAVE to (they claim) destroy Vera's public Nature Preserve and residence, in HAF's misguided `empire building', funded by invaded principal, all an egregious breach of Vera's trust and HAF's fiduciary responsibilities. HAF should have moved offsite in 1994.

(15) This is HAF's mantra, 'grow the Foundation'. This means luring in more donors, hoping to get a lot of new money before the invasion of principal (in Vera's trust's case) wipes Vera's principal Trust out. Meanwhile HAF smokescreens that they have a low overhead, but their IRS 990's show quite the opposite. This is a travesty of Vera's Foundation having been taken over by what the Perrotts allege are charlatans post 1992.

(16) HAF says Vera failed to provide money for the maintenance and renovation of facilities. In HAF 'double speak', they are talking about money for the destruction they are heaping on the public's Lynn Vietor Nature Preserve and architecturally significant Vietor residence. Vera said to keep it `native and unspoiled'. That costs very little. It cost a lot to bring in dozers, chain saws, paving machines and wrecking bars to destroy the property as HAF has done in 1995 and have announced plans to do in 1999. So the 'failure' was not on Vera's part, but by her `interloper' HAF (1994) trustee (of the 14.3 acre property) in dereliction of their fiduciary responsibility to keep the property `NATIVE AND UNSPOILED' for the North Coast Public. Reread Vera's will. She said if the Trustee failed to do so, this Trust SHALL be terminated. It is very clear what was important to Vera, the public's nature preserve and Vietor residence, not the `empire building' of post -1992 HAF, invading her Principal, and duping potential donors to keep HAF's post 1992 'hill top' party going.

(17) This paragraph is real genuine chicanery. Again, Vera said keep it `native and unspoiled, not even a picnic table or barbecue pit' (i.e., no man-made improvements) or this Trust SHALL be terminated.

(18) This is the ultimate insult to HAF's Founder Vera Perrott, who HAF claim in their annual reports to `honor'. Reinventing Vera and her will in 1999 to cover up HAF (WFB) chicanery. Again, read Vera's will. She said, if the Bank or HAF breached the `letter or spirit' of her will which said to protect the Nature Preserve and residence, and don't invade principal -- this Trust SHALL BE terminated. All HAF had to do was move off site to not breach Vera's will. But then they couldn't invade principal for building (property 'improvement') costs.

(19) Here's the real chicanery. Perrott's allege HAF made no efforts whatsoever to locate off site outside the Lynn Vietor Nature Preserve. HAF WANTS TO build on site so they can claim they are 'maintaining the property' (while destroying it) so they can invade principal. Vera's invaded San Francisco Trust Principal is to pay for 100 % of the $1.3 million of the ugly barn like building that HAF would build to destroy Vera's public Nature Preserve, plus all the project engineering, legal, etc. costs.

(20) Here is the tallest prevarication of all. HAF is going to build inside the outlawed public's Lynn Vietor Nature Preserve and have the pusillanimous (mean spirited and cowardly) audacity to claim that it will be done `WITHOUT INTRUDING ON THE WOODLAND AND MEADOWS THAT MRS. VIETOR WISHED PRESERVED. Is it to be suspended in space from hellium balloons? It will destroy about 10 % of the public's Lynn Vietor Nature Preserve. This is the ultimate in chicanery!

(21) Vera was very clear about her goals. The Lynn Vietor Nature Preserve came first. She said `this Trust SHALL be terminated', if the area is not kept native and unspoiled, NOT EVEN A PICNIC TABLE, and don't invade Trust principal. HAF 'honors' their Founder and 'serves' the public by thwarting both her aims, and `charmingly' claiming otherwise. All HAF has to do is move off site with their `operations' and cut out all the CHICANERY.

(22) The estimated budget of $1,290,000 is all to be paid out of Vera's INVADED PRINCIPAL, plus engineering, legal (current lawsuit), etc. costs.

(23) The Perrotts allege that it was not largely discussed as HAF indicates. It certainly wasn't discussed with the Perrotts. When they got wind of it, by friends sending the Perrotts Pennekamp's June 1999 press release, Vera's watchdogs tried to discuss it with Pennekamp. He arrogantly hung up on the Perrott representative, and told them to talk to HAF's lawyers (August 1999). HAF Director, Jack Selvage, was not as nasty, but admitted he had never read Vera's will. Pennekamp and the lawyer have obviously read Vera will, not to see what she intended, but to see how they could distort what she said and intended to thwart her very wishes and mandates, while masquerading as the 'white knight' saviors of the North Coast vs the charlatans (wolves in sheep's clothing) the Perrotts allege they are.

24) In this paragraph 18, HAF divulges that they `asked' Wells Fargo the trustees of the Principal Trust to INVADE PRINCIPAL for HAF to cover the cost of the building, illegally located within the public's Nature Preserve, claiming it as 'Vera's Express Intent'! For Vera, a Frankenstein Monster (HAF) took over her Foundation Post-1992.

25) In this paragraph 19, HAF and Wells Fargo Bank seek to make the Court a party to their breach of trust and fiduciary responsibility and other chicanery.

26) There you have it, approval of the INVASION OF VERA'S Trust principal, Vera with no representation in court.

27) Here the Court documents indicates that all this chicanery is permitted under Vera's will (Exhibit A) which the Perrotts and those who knew Vera, and the pre-Pennekamp HAF organization know is not. HAF with the aid and support of Wells Fargo Bank is ripping off the North Coast public. The North Coast public should not stand for this egregious chicanery, destruction by HAF as trustees of the public's Lynn Vietor Nature Preserve.