I Am SHOCKED!! - Wilderness Club

I am SHOCKED !!!Did You Hear, it’s Official
Lincoln County PICKS Big Corporations
over YOUR RIGHTS.

The Wilderness Club WINS !!!Apparantley, Judge Michael Prezeau ruled that instead of ONE MILLION DOLLARS in punitive damages, the WILDERNESS CLUB has to pay ONLY $25,000. What do You Folks think of this?

This Does Not Seem Right to Me. You ALL should LEAVE Lincoln County, BIG corporation, even, FOREIGN owned corporations can COME into YOUR neighborhood and Do what they want. NO BIG DEAL.Will this Decision create a Public OutCRY or will the Residence of Lincoln County, as usual, hide safely in their own homes and NOT stick up for their neighbors. THIS is WRONG.. you WILL be wronged next. It does not matter what your covenants are in your neighborhood, a Wilderness Club Type can come in and do what they want. They VIOLATED a court order to STOP building and NOTHING made them STOP, they are Seriously Above the Law. But YOU are NOT.

Trial By Jury, WHY ? if the decision is in no way final than why bother.What Good is a Trial if a Judge can Say, oh Nevermind. The Wilderness Club Was TOLD to STOP working on the building, nothing happened to them. They kept building on it, they got to keep their building. A Jury awarded them Punitive damages but apparantley their life is only worth $25,000 . Why have a jury if a Judge can say, well no that is excessive.

Shocked is an UNDERSTATEMENT.

Whats YOUR Life Worth ?Will This Go to the Montana Supreme Court ?Eureka attorney Amy Guth, representing the McKays, said the couple has filed a motion asking Prezeau to reconsider his decision."The Montana Supreme Court has been pretty stern in reductions of punitive damage awards when they are given by a jury," she said. "(But) that doesn't mean in this case they won't say the judge was right and the jury was wrong."Guth said the McKays also have filed a motion with the high court to stop Wilderness Development from further impacting their property.Whitefish attorney Sean Frampton, representing the developer, said he believes Prezeau made the right decision in lowering the punitive damages.

He had argued that state law prohibits jurors from awarding punitive damages based on covenant claims, and the only "tort," or civil wrong, the jury thought the developer had committed was cutting down trees.The McKays lost more than TREES, they were in CONSTANT stress, loud noise, dust, harassment, their horses had bright lights on them all the time, generators ran 24 hours, traffic was horrific, they LOST everything they worked for and Frampton says that the only “tort” was cutting down trees. BULL….

In May 2007, Wilderness Development cleared out trees on the McKays' property and cut a road across their land leading to a maintenance facility for the club.Guth asked that the work be stopped, and Prezeau issued a temporary injunction against the developer in July.

A month later, Wilderness Development cleared more trees and poured the foundation for the 14,000-square-foot maintenance building, court records said.
ABOVE THE LAW ? You Decide !!!

The McKays went back to court in early fall and asked Prezeau to stop the construction project. The judge said the developers could do what was needed to protect what they had already built.The developers then finished the building, which was "well out of sight of the Wilderness Club homes, but right in the face of the McKays,"

Guth has said.In March, Prezeau ruled that the Wilderness Club had violated the subdivision's covenants and set a trial so a jury could determine damages.On April 4, the jury awarded the McKays $350,000 for the value of the property and another $6,500 for the value of the trees cut. Jurors also found Wilderness Development had acted with "malice" and ordered $1 million in punitive damages.Now this Has ALL Changed.

Start Asking Questions Folks. Lincoln County NEEDS
Big Corporation for Big Tax Dollars.You Lose !!!

Wilderness Development, LLC

Well Folks Check Out this Link

http://dockets.justia.com/docket/court-mtdce/case_no-9:2008cv00054/case_id-34210/

It seems that the Wilderness Club is in another Lawsuit of Some Sort.... Stay Tuned. It is with the Hash Tree Company. Not Sure which Side they are on, but I will let you know the story when I get it.

Do the RIGHT Thing !!!

Wilderness Club Lawsuit

Well the local paper published the amount the jury awarded so I will do so here.
Keep in mind folks that the attornies most likely got at lease 40% and these folks lost the value of their home and 2 years worth of intense stress. The award was for 1.35 Million, and the lawsuit from the other neighbors is still pending. My guess is that some of this will go on for years. There are wells in the neighborhood that were sucking air last summer.

The amount of water use for the golf course may drop the levels of the nearby lakes and wells. Some say that Carpenter Lake fluxuates with the seasonal levels of Lake Koocanusa, the water table in that area (according to my sources) and in my opinion cannot handle a golf course of this magnitude. What a Waste of fresh clean montana water to keep fields green for seasonal visitors.
Water is valuable and this golf course, in that area is not a good thing for the local water table. It is not good for the lakes, fisheries our our local recreational values.

It seems the Wilderness Club wants us to believe that they did not act with malice and that they did not know they were doing anything wrong.

They act like others were violating the covenants so it was ok that they did. They still claim that the landowner gave permission to cut down their trees. Why would anyone let this amount of trees come down, get no money for them, and ruin their privacy forever.

It makes no sense.Apparantly the jury decided that cutting the trees down was not trespassing but that the landowners were due the value of the trees.

With this I would have to assume that it was proven that the wilderness club had legal easement and therefore had the right to cut the trees.

If you look at the Google Earth map, which seems to show the old county roads, you see that there is an old county road that runs through the wilderness club resort. Can we, the public, open up this road for our use.

Or can only big business like the wilderness club and tungsten holdings force these roads open but we the taxpayers of the county cannot have these roads opened for our use.

It seems as if the Wilderness Club developers were advised a number of times not to use the 3rd access through a local neighborhood and they ignored this.

The rumor mill has plenty of stories of the wilderness club and their real estate broker saying they will do what they want because they can.What this all boils down to is that though the Wilderness Club was VERY wrong and lost this lawsuit, this is just the cost of doing business to them and the Resort will keep moving forward.

The long term issues will continue to come up due to the fact that the Wilderness Club Golf resort has forced their way into to an area that may have not been the right choice for their project. I feel that not enough accurate testing was done on the water table. I feel that the chemicals to keep the lawns green will end up in lake koocanusa and this will hurt fisheries and in turn all of us. I feel that the water table will weaken and the neighborhood will suffer even more.

It is claimed that the Developers are Honest - Above Board and Open in all phases of Development.... The Rumor Mill suggests and is most often accurate, that this is in No Way True.The wilderness club claims No Trespass, the photos I have show yellow caution tape tied to the trees of the neighbors.

These trees were on private property and did not tie the tape on themselves.

The photos also show a gate and post removed that was not on WC property.
The photos show private property caving in due to Trespass of machinery as well as trees marked up where machinery trespassed.

There was even an old road that had been used as a horse trail that had been caved in - Again Trespass on Private Property. And not to mention the giant mound of dirt and dust ,the deliberate jake braking of commercial trucks and the Rumors that SO MANY have agreed is true with the shooting of dogs and the break in.

It was like some sort of a war zone over there.The wilderness club still claims they had permission to open up the road in question, its simply not true. They have had easement, but not permission.

If you have an easement you don't have the right to steal trees, rip out gates and disrespect all involved along the way.

Apparantley the private life and relationship between husband and wife was questioned by the council for the Wilderness Club. This is Shocking, what a last straw grasp, who cares, what could this possibly have to do with whether the Wilderness Club broke the law or not, Come On, how low will they Go ?

The Wilderness Club claims that their GIANT building, dusty roads, tree removal, noise pollution, fertilizer use and heavy commercial traffic actually enhanced the neighbors land values. NO WAY. I don't want to live there - do you? Your life would be trucks all day everyday picking up with traffic as the development gets buyers for the homes.

The commercial building is an industrial building with workers coming and going with vehicles and machinery ALL DAY. The road brings up a LOT of dust. There is loud heaters and machinery that runs 24 hours a day. There is to be an 8 foot fence with barbed tops.
And this according to Frampton - council for the WC is an enhancement to their property.

Not for ANY of my Clients.I am not opposed to development necessarily or to big business.

I have no grudge of any kind, I simply wish the Wilderness Club would have done the right thing in the first place. My personal experience is that they do not ask questions or seek answers they just throw the biggest stone they have and hope they take you down enough that you will simply Shut Your Mouth.

Look back through this Blog and you will see what my run in with the Wilderness Club was. I had a blog with positive community news about the wilderness club.

I deliberately kept this blog positive and YET the Wilderness Club had legal council send me a Demand Letter to stop talking about them on my blog. It was simply community interest. But because I get internet marketing and came up higher in the search engines than they did at the time - they were mad and instead of calling to advertise on my site or even meeting with me they simply got the legal system involved - WHY ?

Back than I would have been more than happy to work with them for the good of all. But they Could Not Simply Do the Right Thing.We will continue our Eye on the Wilderness Club and we sincerely hope that things get better for all involved.Be Well Folks, Have a Great Spring and Summer and Watch Your Neighbors back.

Just Do The Right Thing and Everything Else Will Work Out.

Yeah - Lincoln County Cares

-
Well - the Verdict is In. Big Money and Smooth Talkers LOSE. the Wilderness Club Montana has been Spanked. Obviously I am glad to see that Big Money cannot run over property owners in Eureka Montana. Golf Course Resorts and Big Corporations cannot take your property rights away from you. You deserve quiet enjoyment and you deserve to live in the property as you bought it. With covenants and trees intact. Congratulations to the landowners on their WIN.... We may disclose the amount in a future post, for now just know - Justice has Been Served.....

What is Happening NOW ?

Well, according to My Sources the Wilderness Club Montana GETS to Keep their Building. They finished the building, saying they had to in order to protect the foundation. Even though they were ordered to STOP construction, they knew that if they continued that there would be too much value in the building and the Judge would let them keep it. That is what they were banking on and that is what has seemed to of happened, according to my sources.

So what this means to you is that ANYONE with enough money can move in next to you, violate your covenants, cut down your trees, break into your home, shoot your dog, cause SEVERE property erosion on your borders, take the VALUE out of your property that you have worked a lifetime to build, harass you, violate your property rights and ignore a court order telling them to Stop. You may get some sort of damages but you WILL NOT get your life back. You will not get your dog back. You will never get the real VALUE out of your property.

I thought that if you violated a judge’s order that you were in contempt. I guess I am wrong on that. Joe Purdy and the Wilderness Club claim that the neighbors gave them permission to cut down their trees and build a giant road. It has been said to me that Joe said he was going to cut down the trees because he could. They were not given permission of any kind. They simply cut the trees down, took them away, and built a road to build a LARGE hideous building that violates the covenant and ruins lives.

The property next to the Commercial Building was once a place of sanctuary, with trees blocking neighbor houses and noise. Now there is a huge amount of dust, the trees have been removed without the landowners permission, there is constant light and noise, there is constant traffic, and the stress is absolutely unbearable.

The Wilderness Club has ruined the lives of hard working local residents and for what ?

For a Building, to house chemical fertilizers to keep a luxury, private golf course green. A building put here so as to ruin the adjacent landowners property values while keeping this “maintenance building” out of site of the homes in the Wilderness Club Resort, thereby making sure the NICE homes do not have to look at this building while making the landowner not part of their exclusive club, look at the building – suffer the noise and dust and 24 hour lighting.

Apparently the “High End” homes are given more rights to a good quality of life than those who have lived here a lifetime.

It is Simple Wrong.

Why can’t the Wilderness Club Montana just do the Right Thing.

And why doesn’t anybody seem to care? Is Eureka Montana so desperate for this resort because we need the taxes that we will literally ruin people’s lives to make it happen? I guess so.
IF You Buy a Lot or a Home in the Wilderness Club Montana than you are basically saying It is ok to ruin peoples lives, it is ok for Big Money to violate property rights and do whatever they please regardless of the law or what is ethically right.

If you have money than your version of the Truth seems to hold more weight than what actually happened. This is what seems to be true for the situation with the Wilderness Club Montana.


What Happens Next ?

Starting April 1st there will be a trial to determine what damages the neighbors have suffered. They will never get their life, as they new it back. And they will never get the price for their real estate that it would have been worth had the Wilderness Club Golf Resort not ruined their property value. I personally would not pay a dime for that property and neither would any client, (real estate buyer). Why in the world would you want a home where you front yard is caving in because of a giant road to the back side of resort is to close and undermining your property, where a giant heating and cooling system is so loud you cannot here the crickets, where lights blare 24 hours a day, where you live in the woods but do not have any trees for a buffer between houses, and people are constantly in your front yard with machinery to maintain an elite resort. No Way, I could not sell this property for any price.

There is absolutely no doubt that what the Wilderness Club has done in this situation has severely hurt the property values of the adjacent landowners and all they seem to care about is their bottom line. As a real estate broker owner, I care about people’s property rights before – during and long after their real estate transaction. And what the Wilderness Club has done is inexcusable period.

Keep in Mind folks, Fair Market Value is different than appraised Value. Just because a property will appraise for a certain price does not mean that anyone will buy it for that price.

In Conclusion, ask yourself – Who Will move in next to you and Take away Your Lifestyle ? Lets hope it is not property that Joe Purdy of Montana Properties is in charge of or property purchased by the Norcal Group out of Calgary Alberta, or really any Big Business .

Still ABOVE the LAW

the Wilderness Club STILL ABOVE LAW

the Eureka Montana Golf Course Resort Continues to Work on The Commercial Building even after they were ordered to STOP.

They WORKED ON THE BUILDING TODAY
they have NEVER stopped Working.

The Wilderness Club Resort has Deadlines to meet and they Will NOT let the rights of local landowners stand in their way.

The Calgary Based Wilderness Club Montana and Nick Faldo have no Concern for the laws of Lincoln County Montana.

Weeks Ago Judge Prezeau ordered the Wilderness Club Resort in Eureka Montana to STOP working on a Commercial Building that VIOLATES the covenants of the Subdivision that they are in. And the Wilderness Club Continues still TODAY to work on the INSIDE of the Building. They were aparantley told that they may have to remove the building. Another words if they lose the lawsuit that the Koocanusa Estates residents have against them they may have to tear down their investment.
The Wilderness Club seems to think that they own the LAW in Lincoln County.
Since THIS illegal project started and the Wilderness Club chopped down the trees of private land owners to make a road that they did not have a right to make, the Wilderness Club had the attitude that if they just do it than no will STOP them. If they have enough money invested than the Laws of Lincoln will step aside and just say, "oh, well you have to much money into it, go ahead and keep it". I hope this is not true, but it Seems the Wilderness Club believes it is.
"It is Easier to say - oops - I'm Sorry, than to ask for permission", "Easier to Ask Forgiveness than to abide by the Law and do the right thing in the First Place."
Just when the Residents thought they would get some peace, they are now experience a different kind of stress. Loud Heaters and Lights blaring into their home, Construction Continues and the general feeling is that Big Money seems to be above the Law.

It does not matter what the Lincoln County Judge tells them to do they seem to Stand Above the Law, and Joe Purdy, their Realtor, whom I have not yet put into my BLOG is at the forfront of their blatant disrespect for the Laws of Lincoln county and the Rights of Private landowers.

I had purposely kept Joe's name out of my reports on the wilderness club, but if Joe will not tell the truth and stand up for the rights of property owners in a valley he claims to love than it's time to tell the truth about Joe Purdy.

In this situation Joe has been quoted as saying He will do what he wants. Joe Purdy claims he was given "written permission" to remove trees from private property for a road to be used to access a large commercial building that violates the local covenants. This building is to house chemical fertilizers and serve as a base of operation for grounds keeping equipment for the Wilderness Club Resort in Eureka Montana. The idea is to bring the "help" in the "back way" so as to not Disturb the Elite Group of landowner that reside within the Wilderness Club Golf Resort. However, it not only disturbs but RUINS the way of life the neighbors had been living previously.

You may think that this does not affect YOU. However, it does, if BIG Money can move into your "neck of the woods" and ruin the life you thought you moved here to enjoy or the life that you have always known here than it affects us all. It Seems that The Wilderness Club Cannot be Stopped. And despite the order from the Judge, they continue to work.

Today they are Plumbing the building they were told to stop working on. Today they are putting in Electrical Wiring on the Building they were TOLD to STOP working on.

They WILL NOT stop, and it seems there is NO WAY to Make Them. It's as if they know they will never be made to remove the building and they certainly cannot magically make the stolen trees grow back and will, seemingly, never be made to PAY for the value of the trees.

Well Joe Purdy is Off to Mexico on Vacation and the Lives of the Neighbors at the Wilderness Club Montana continues to be Hell.

Slideshow of Area Photos before building went in andafter the trees were illegally removed.http://www.flickr.com/photos/northwest-montana/sets/72157602296757871/show/

Wilderness Club Above the Law?

After the Lincoln County Judge told the Wilderness Club to stop all construction on the building that has violated the covenants of the Koocanusa Estates and said that the building may be torn down after the case is decided, the Wilderness Club, according to my sources is MOVING FORWARD on the construction of the building in question. They are working inside of the building and Swank Construction workers have confirmed this.

Why does the Wilderness Club Golf Resort Feel they are above the Law?

Lincoln County Cares about YOU

Well Folks, Looks like the Residents of Koocanusa Estates will Sleep Well for awhile, last night was the first night the "workers lights" were turned off. Living with constant harassment and stress can take a toll on Life. I am very excited to know that I live in a County where the rights of locals, of private residents REALLY are Now being listened to. The trees won't come back and who knows what will end up happening but there is peace for now until the fighting begins again in Spring.

The Wilderness Club has been apparentley court ordered to to Stop Construction on the building in controversy. They thought they were above the law, above the covenants and above the rights of the neighbors to have a peaceful existence. They cut down the neighbors trees and harassed them for months upon months and now the local law is listening. The Wilderness Club Resort may even have to tear down this building that is in violation of the covenants that the neighbors have always had to follow. Even if the building is removed, the trees are gone and Life is Changed forever.

I feel the bunker is inappropriate, it violates the covenants, encroaches on the neighbors land and rights to quiet enjoyment, it will hold herbacides and pesticides that WILL pollute the air, the water quality and the quality of life in the neighborhood.

A BIG HAND to those who do not let up in fighting for what is right and Do Not Let big business take away their life. In the face of dogs being shot, cursing, fighting and lies these residents stood up for their rights and now they will get a chance in April, apparentley to be heard.

The Wilderness Club is fighting hard to change our way of life and to own our area, to take over our air space, pollute our water, violate the rights of neighboring properties and NOW the locals will be heard. I am proud to be a Resident of Lincoln County with this Injunction, it creates a way for people to be heard. The Realtor on the project told the land owners next door that he would do what he wants, he ordered the removal of trees and was the leader of the pack as they ran over the land owners rights. This injunction says to ALL residents of Lincoln County that Big Money, big Business and Local " Big Names" cannot ruin your life and get away with it. You will have your day to be heard. YAHOO I say...


I believe there was an injunction last spring for Stop the Wilderness Club from clearing a road to the bunker but they did it anyway. I will soon show you slideshows on the issues from that time.

Lets protect the Rights of those Who Live in and Love Eureka

PS. I was asked to make sure and include that there were 4 major issues the judge ruled against the Wilderness Club..... main one being they cannot work on the "small maintanence building" they put right next to the McKays building, along with the fact also they cannot divide that 10 acre piece into 3 lots since Prezeau ruled that the covenants cannot be broken. This is good news for those folks.

Boycotted Locals

Today I heard that the Wilderness Club Montana has a list of locals, local folks trying to make a living, they they will not work with and will not allow there subcontractors work with. In the begining they promised to give jobs to locals and NOW they are not only keep the JOB opportunities out of the tobacco valley, they are initiating a boycott of local businesses. More on this Coming Soon.

Who Benefits from The Wilderness Club ?

Who is on the side of The Wilderness Club Resort instead
of the Local Residents and Why ?


My guess on the why is that some think the Wilderness Club will bring in money and jobs. Whitefish Montana has had resorts, golf and skiing for over 30 years. Yet businesses are still folding. I had an office in the Whitefish mall for a couple of years and no one really walked by. The mall was pretty much empty.

The folks that buy these luxury homes want to get away from their regular life, if they buy a home on a ski hill or in a golf course resort community than mostly they stay their for the time they have off. They are not walking the streets, they may have a dinner or two and buy a local trinket but that does nothing to support the community. What is does do is provide tax dollars to the county.

The county wants this, I am sure. However, YOU the local citizens WILL NOT benefit from the WILDERNESS CLUB. They will consumer your boat docks, raise your taxes, turn their nose up at you in the streets and if you’re their neighbor they will STEAL your trees, and do unthinkable acts to get you to SHUT UP.

What they WILL NOT do is the RIGHT THING.

Who Else may Want the Wilderness Club, well tax dollars and numbers create more revenue for the local police department, my guess is that they want it. Why else would they assume and blame neighbors for the infamous port a potty incident while ignoring the dogs being shot and homes being broke into.

Who Else, well may the Real Estate Industry or a very small part of the Real Estate industry may want the Wilderness Club Resort so they can make commission off of selling homes and land in the resort ?

Other than all of this, think about FOLKs,
Does having this Resort here really benefit you ?

Of Course Barry Cole, the Norcal Group
and Nick Faldo also benefit from t
his disgraceful treatment of local citizens.

I personally do not benefit either way. I believe YOU have the right to enjoy your property and your home and that YOUR family has a right to quiet peaceful enjoyment of that home. You have a right to have your DOGS not shot, to NOT be harassed, to NOT have your Timber STOLEN and you have a right to what you thought you bought in your real estate purchase which was a parcel with covenants to protect you and trees that would only be removed with your permission. Again, to those who say THIS is NONE of my Business. I ask - whose BUSINESS is it ?