¿Tera eRex o Mx. Cheese? ¿San Bernardino o Alhambra?
República Chiquita, Gringos y Fernando.
APCHA wants homeowner to pay $63,254 during appeal
by Chad Abraham, Aspen Daily News Staff Writer
Thursday, August 18, 2016
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Mulcahy takes his case to appellate court
An Aspen man who is appealing a judge’s order that he must sell his home should put up a bond of $63,254 if he’s allowed to live there during the appellate process, the Aspen-Pitkin County Housing Authority contends.
Lee Mulcahy is taking the case for why he should retain ownership of his Burlingame home that he built himself to the Colorado Court of Appeals.
Mulcahy wants a judge to stay the order that he list his home for sale, meaning he would be able to stay in the residence, until the appellate decision, something APCHA opposes.
“In his motion for stay, defendant Mulcahy does not even address the jurisdictional issue that is the basis for the judgment in this action, much less any reason to believe that there is any basis for the Court of Appeals to reverse the judgment of the trial court on this issue,” wrote APCHA attorney Thomas Smith.
If Judge Chris Seldin of the 9th Judicial District does grant the stay, Mulcahy should have to put up the $63,254 bond, APCHA’s motion says. That amount includes attorney fees and what the housing authority believes it could get in monthly rent for the three-bedroom, 3.5-bath home until the appellate decision.
“A stay of the judgment in this action prolongs the defendant’s improper use and possession of the property during the pendency of the appeal,” Smith wrote. “This is similar to an appeal by a tenant in a landlord-tenant action which deprives the landlord of possession.”
APCHA won its case at the district court level last week when Judge Seldin denied Mulcahy’s motion to reconsider his earlier ruling in favor of the housing authority.
In that June ruling, the judge found that Mulcahy failed to properly appeal APCHA’s ruling that he had violated guidelines governing his deed-restricted residence. The violations included that he had not worked the requisite 1,500 hours required of Pitkin County residents who live in affordable housing and that he had failed to timely provide APCHA with information regarding compliance it requested.
Jordan Curet/Aspen Daily News
The Aspen-Pitkin County Housing Authority, which is trying to force Lee Mulcahy to sell his home, wants him to put up a $63,254 bond if he’s allowed to live in it as the case goes to the Colorado Court of Appeals.
On Aug. 9, Judge Seldin awarded APCHA $15,419 in attorney fees. APCHA’s motion says state law calls for the bond amount to be 125 percent of the total amount of the judgment, or $19,274. APCHA also has the right to recover damages based on the home’s rental value, Smith wrote.
Mulcahy’s 1,912-square-foot home, valued by the county assessor’s office at nearly $800,000, falls within APCHA’s resident-occupied category, the most expensive. The maximum monthly rent for RO housing is $2,932.
“This amount needs to be multiplied by an estimate of the number of months from now to the decision of the Court of Appeals,” Smith wrote. “We believe that a reasonable estimate would be 12 to 18 months. At the low end, this would result in an amount of $35,184.”
APCHA believes it is entitled to 125 percent of that amount, or $43,980, for the total of $63,254. Judge Seldin has not yet ruled on the stay nor whether Mulcahy must put up the bond.
Mulcahy, representing himself, writes in his notice of appeal filed Friday that he has been employed as a property manager, substitute teacher, taxi driver and artist.
He wrote that APCHA ordered him to sell his home that he and his family spent years working on for $180,420, despite the assessor’s valuation.
Cindy Christensen, APCHA’s deputy director, said Wednesday that that isn’t accurate. The $180,420 figure likely stems from the appreciated value of the lot itself, since Mulcahy never submitted any construction documentation showing the work and final state of the home, she said.
Mulcahy’s grounds for appeal are that Judge Seldin “misapprehended controlling case law on several issues” and numerous admissions, arguments and positions he holds; “misapprehended and applied standards and cases addressing arbitration in lieu of standards and cases addressing administrative proceedings”; and that the judge evidenced clear errors in his factual findings.
“With all due respect, the order is clearly in error and is manifestly unjust,” Mulcahy wrote.
Letter: Other side to the story
On Wednesday, the deputy director for Aspen-Pitkin County Housing Authority lied to the Aspen Daily News (“APCHA wants homeowner to pay $63,254 during appeal,” Aug. 18).
She said the city of Aspen didn’t demand that my family sell the house we built for $180,481 while we were in rural Kenya.
She didn’t stop with that whopper. She continued: “Mulcahy never submitted any construction documentation.”
The housing authority is out of control. In October, I took both my construction and employment documentation to the deputy director pursuant to an email I received from the qualifications director that would have required the housing authority to accept art as a profession, since she had already disqualified my other two jobs.
Instead, the housing authority’s deputy director refused to look at the construction and employment documentation, simply stating the director had decided to sue me instead, using your tax money.
In addition, the city of Aspen’s comical abuse of power is further illustrated by the fact that the city wants over $63,254 in rent and legal fees on the house my family built ourselves before we can appeal while refusing to allow us to rent rooms pursuant to its guidelines. If you’re confused, you’re not alone: The city of Aspen wants rent from a family’s house but refuses to allow them to rent a room?
The new judge never allowed a hearing or mentioned the reason for the “trip to Africa.” We were delivering used laptops and installing a water pipe from a water well Aspen residents had drilled in 2012 to a newly built medical dispensary. The used laptops were donated by individuals, churches and synagogues in the Roaring Fork Valley and Texas. The pipe was bought utilizing funds donated by generous Colorado and Texas residents in honor of my dad, who had just passed, Edward Lee “Bud” Mulcahy.
To that end, we’re still collecting used laptops for 2017. Drop them off at St. Mary’s, St. Stephens or the Aspen Jewish Community Center, or call me and we’ll come pick them up!
Lastly, we’re having a community barbecue honoring our law enforcement here in the Roaring Fork Valley: the Pitkin County Sheriff’s Office and the Aspen Police Department, on Sept. 5 from 3 to 7 p.m. at the “outlaw” Mulcahy house at 53 Forge at Burlingame Ranch behind the Maroon Creek Club. RSVP to 970-429-8797.
Lee Mulcahy is asking a judge to reconsider a court order forcing the activist to sell his deed-restricted home.
The outspoken Aspen resident filed a motion last week contending that Pitkin County District Court Judge Chris Seldin’s ruling was erroneous for a number of reasons. The motion seeks to have Seldin vacate his June 3 order and issue a summary judgment in Mulcahy’s favor.
Mulcahy’s motion argues that he has met the Aspen-Pitkin County Housing Authority’s requirements that he work 1,500 hours a year in the county to qualify for ownership of his Burlingame Ranch home.
Mulcahy bought a vacant lot, located at 0053 Forge Road, in October 2006. Serving as general contractor, Mulcahy spent the past five years building the single-family residence. He obtained a certificate of occupancy March 1.
But his living situation became clouded by a lawsuit filed by the housing authority in December. The suit, which came after the authority asked Mulcahy in July 2015 to prove his eligibility, successfully sought a court judgment ordering him to sell the home.
Mulcahy’s motion, however, contends he has worked full time as an artist and at other jobs. Additionally, he wasn’t in Aspen to address the housing authority’s concerns because he was doing aid work in Africa both this year and last. A Texas church pastor’s letter, which explains the necessity of Mulcahy’s work in Africa, is an exhibit to his motion.
Seldin’s order noted Mulcahy was in Africa while he could have addressed the housing authority’s proof of eligibility requests last year as well as the ensuing litigation.
“Mulcahy evidently decided to travel to Africa where it was not possible to reach him,” Seldin’s order said. “Mulcahy cannot lay the consequences of this choice at (the housing authority’s) door.”
Mulcahy’s motion says that in addition to being an artist, he currently drives a cab and is a substitute teacher.
“Again, throughout the pleadings, what Mr. Mulcahy has admitted is that having worked the same two part-time jobs for nearly six years, in addition to creating, marketing and exhibiting art, he had no idea that his part-time jobs did not qualify for compliance with the employment requirement until informed by (the housing authority) in the summer of 2015,” the motion says.
Mulcahy once had a full-time job as a ski instructor with Aspen Skiing Co., which fired him Feb. 1, 2011. Skico said it was for performance issues; Mulcahy said it was because he was outspoken about low pay.
''The Shameful Foundation of the Clintons' Power'', by Eric Ruder:
''The practices of the Clinton Foundation illustrate the total embrace of neoliberalism and the free market by the Clinton clan -- to the family's enormous financial benefit.''
radix omnium malorum est cupiditas ...
''The Shocking Story of How a Chicago Cop Killed a Teen -- Then Locked Up His Best Friend for the Murder'' - w/Amy Goodman, DemocracyNow!:
''Class consciousness has ebbed and flowed throughout US history, peaking in the 1920s and '30s. But it has been extremely limited during the last 50 years of neoliberalism, as wages have stagnated despite a rapid increase in productivity (see figure 1). In the 1970s we saw the "advent of 'neoliberal' capitalism," as Dollars & Sense described it -- the "triumph of an economic policy agenda hostile to government economic intervention, social welfare programs, and labor organization," which was part of a broader shift to the right. But while working class anxiety and financial insecurity both rose during this period, for decades, organized mobilization from the working class did not rise up to resist it.
''Neoliberalism still persists today as the dominant ideology, but it also faces strong, organized resistance -- and the Sanders campaign is one reflection of this. "Sanders is trying to break from neoliberalism," Steve Maher of York University told Truthout in late 2015.
''Sanders managed to place socialism -- however hazily defined -- into the US mainstream for the first time in generations. This was unthinkable in the years before Occupy; and the economic conditions it resisted, created conditions for Sanders to thrive nationally. This, in addition to the millions of dedicated (often young) activists Sanders has mobilized, has laid the groundwork for more Americans to have real conversations about the ways in which US capitalism has failed the working class. The Sanders movement, of course, comes just seven years after the economic system nearly collapsed (spared only by taxpayers' unwitting subsidization of the big banks' losses) and five years after the birth of Occupy Wall Street -- the most meaningful act of resistance to the neoliberal era in the US since the World Trade Organization protests of 1999 in Seattle.'' - from ...
omnia causa fiunt ...
''Bernie Sanders .. like Occupy before (him), has dramatically shaped the national discourse by raising class consciousness and planting the seeds that make real change more plausible. Those who helped in this effort should feel empowered, not disillusioned by the fruits of their labor.'' - from ...
per aspera ad astra ...
Consider ... ''Neoliberalism: The Ideology at the Root of All Our Problems'' .. by George Monbiot:
Another VERY "good one" fyi & here appended as I am not too sure if I copied to you before. Also see:
http://www.truth-out.org/opinion/item/37323-today-s-economic-hard-times-are-the-culmination-of-a-long-series-of-crises and then - if you have time and energy left, please do try to consider this:
multum in parvo ...
that is a good one for sure. I am afraid it might not be effective here but I will use it in other ways and on other people. thanks very much for that
Both major parties need to go. Trump is working on taking down the GOP (sic). Now it is up to the rest of us to take down the Dems. Yeh, vote for Stein and the Greens; that will help.
''In Arctic, Ancient Diseases Reanimate and Highways Melt as Temperatures Hit "Frenzy" of Records'', by Dahr Jamail:
Re. US/IS, more evidence for what we know already ...
fiat lux ...
''America Has Been At War 93% of the Time – 222 Out of 239 Years – Since 1776'':
This important knowledge and information seems to have escaped your other interlocutor on this thread and so perhaps you may think it appropriate to bring it to his attention as he thinks that .. ''The military strength of the U.S.A. comes from its military-industrial complex. Dismantling it is a crazy idea.''!! I end by quoting someone who knew a thing or two about War and The Military Industrial Complex ... namely Pres. Dwight D. Eisenhower ...
''Every Gun that is made, every Warship launched, every Rocket fired signifies in the final sense, a theft from those who hunger and are not fed, those who are cold and are not clothed.''
https://www.youtube.com/watch?v=Gg-jvHynP9Y [3.16 - President Eisenhower - re. The US MIC]
https://www.youtube.com/watch?v=FtoDnussUvE [3.24 - Dangers of Ignoring Ike,by Abby Martin]
fiat lux; fiat justitia; fiat pax ...
wtf! vietnam was lost?? slapping the wrist? are you out of your mind. this is a disgusting way to talk about the massive suffering and destruction we inflicted on a poor country - and why? because they drove the japs out in ww2 and did not want the french back in sucking the wealth out to benefit france!
as for your nationalistic feelings i do not share them but you know that already. no you wouldn't see much point in getting worked up about vietnam. neither does kissenger. are you guys tennis partners or do you play with zbig and charlie rose. same thinking no or am i wrong here. do you differ with henry and zbig and if so where and how? that is really the question i would like answered. can you do that for me then i will stop bugging you. if you make the answers clear i will try very hard not to misunderstand them
you respond to my point that the cold war was an invention by the ruling elites of the usa by telling me that a strong military must have a strong economy behind it. then by giving a history lesson on the decline of the soviet union. so yes i misunderstood you maybe his is why i did - "The military strength of the U.S.A. comes from its military-industrial complex. Dismantling it is a crazy idea. The U.S. has an economic machine unequaled by any other since ancient times. There are connections between the military and the commercial enterprises that are best left undisclosed to foreign powers"
ok so i agree that ww2 was won because of our economic power but i disagree with much of your history - no surprise there. it is very important to understand that history if we are going to have a rational conversation about how to move forward. if we accept the history of the ruling class we will end up with their plans for fixing our problems - no?
first of all long before reagan the usa elites forced the soviets into military spending it could ill afford. Khrushchev made unilateral cuts in the soviet military thinking the american people would force kennedy into doing the same. he misunderstood american "democracy." i would also say here that if Brezhnev was in power instead of Gorbachev the soviet union would still be in place.
secondly it is a mistake to say the soviets failed economically. take a look at the soviet union and brazil in 1918 - they look quite similar as far as they are third world economies. fast forward to 1987 and wow - 90% of brazilians would run to have the life and economic conditions of the soviets. now this was done through much suffering and death but then we could talk about the brazilian black bean famine and so on no? and all the while brazil had the capital and "expertise" of the west while the soviets were under attack economically - to say nothing of the destruction of ww2.
lastly why do you think we need - "an agile fast-reacting heavy-hitting conventional military force deployable worldwide with sufficient logistical support" sweden does not have one and the people there seem to be doing just fine. why do you feel we have to be able to meddle anywhere we like. do you think china and russia and iran need the same type of military force or is it just the usa because we are the exception!
You misunderstood me. A strong military can sprout from a strong economy, Not the other way around. The reason is that the military is capital-intensive. Two billion dollars spent on a new aircraft carrier will create or support far fewer jobs than the same amount spent on the civilian economy. Building aircraft carriers also tends not to increase productivity in the economy more than civilian productivity improvement efforts.
The former Soviet Union had made this strategic mistake and it was the primary reason why it met its demise. Of course, there were other reasons, too, such as the inherent inefficiencies of centralized planning that also led to shoddy qualities to meet quota or in some cases to bureaucratic lyings that undermine trust and breed cynicism. It's Not really a joke that "You pretend to pay me and I'll pretend to work for you!" This built-in inferiority pays off for the centralized power élite but weakens the whole system.
Reagan grasped this instinctively that the economic might of the U.S. could break the Soviet Union which had embarked on an ambitious armament buildup in the 1970's. The C.I.A. was impressed by the military might of the Soviet Union but it was like a gigantic peacock's tail grown on a small rooster. Cockadoodle-doo a few times and it's over. We should not make the same stupid mistake as the Soviets who had lost World War III.
What's needed is an agile fast-reacting heavy-hitting conventional military force deployable worldwide with sufficient logistical support. Some nuclear deterence will be helpful but it will be a very stupid mistake to take that to extremes. The U.S. has never won any nuclear war (hopefully Never! - "Winning" a nuclear war is really for FOOLs.) but it had won production on the homefront consistently for the conventional war efforts.
yes military spending has commercial uses as a side effect. so you think that is the best way to spend our tax dollars. make jet fighters and hope something spills over into the consumer economy. wow - not sure what to say to that. and what exactly do we need to protect ourselves in your opinion - other than w very strong coast guard and a few nukes. maybe some good intelligence for a chance - no
The military strength of the U.S.A. comes from its military-industrial complex. Dismantling it is a crazy idea. The U.S. has an economic machine unequaled by any other since ancient times. There are connections between the military and the commercial enterprises that are best left undisclosed to foreign powers.
Military strength comes from harnessing the economic might in times of national needs. The U.S. proved that it knew how to mobilize its economy. The U.S. could handle vast projects, a rather unique capability.
Greater America is the World. What we Americans can achieve should make all peoples proud. "It's one small step for [an American] and one giant leap for mankind." I've been watching the Olympiade so I'm thrilled by the prospect of the dominance of the U.S. in amateur sports. Full spectrum? - No problem!
Wars are won or lost at home although battles are won or lost on the battlefields. Vietnam War was lost by Nixon's loss of the mandate and his resignation. The American people did not have the appetite to slap the wrist of the North Vietnamese after Nixon had resigned. "I'm not a crook!" Oh, yes, he lied many times. Where does the truth lie? Truth cannot lie, can it? It can only stick up. In the olden days, he had the recording tapes. Nowadays, there are the emails.
I don't see much point in getting all worked up emotionally about the Vietnam War. Vietnam has apparently come to the conclusion that the U.S.A. is less of a threat than China is, similarly for the Philippines, having previously kicked out U.S. military bases. Did North Vietnam's breaking a promise to our crook warrant emotional excitement? No, lying to a crook is fine in my mind.
yes we are all fed misinformation but seems that reading it fast is not helping you counteract it. if you have a point to all of this i missed it - sorry. no need to go on if you don't want to - this seems pointless. first of all the nazis might have won (and we might have been on their side?) if they played nice with us. if they had gone after the commies and not england they would be heroes in our (capitalist) history books. i do have real problems when you say things like this - "I've no problem with U.S. full spectrum dominance because I am American. .........................
Vietnam War was lost on both moral grounds as well as technical grounds. Our government lied to us, again and again, and trust was lost(so no more backing from hoi polloi), starting with Gulf of Tonkin incident, secret bombing of Cambodia, etc. AK-47 was superior to our troops' rifles which were unreliable. Both Soviet Union and Red China were supporting North Vietnam as a proxy in war."
Alright so the U.S.A. is a beacon of darkness in a free world. There is malware planted worldwide for spying, aiming for global domination through the total control of info-sphere of targets but who owns the malware?
Japanese students were surprised that Japan had fought the U.S.A. and wondered which country won. Haha! Did Japan keep them inside of a drum? Germans were saying that Hitler had made a strategic mistake by declaring war on the U.S.A. Otherwise, Germany would have conquered Europe and the Soviet Union. Yeah, Aryan Supremacy! Master race domination. China has its Great Firewall which will probably work as well as the Great Wall and Japanese drumming, I hope. The takedowns of negative media articles about the U.S. election written by independent contributors indict the U.S. lame-stream cheesy media engaging in pubic surfice to hoi polloi. Russia denies meddling in East Ukraine, repeatedly. Hey, how did these "Little Green Men" who spoke Russian fluently get their Russian equipments galore, from the neighborhood Ukrainian thrift stores?
We are ALL being manipulated. I tried to counteract the manipulations by reading information fast, widely in different languages, and globally but there is a growing eclipse of the info-sphere.
We are ALL being fed a lot of lies and partial truths. If hoi polloi don't realize this, we'll be at each others' throats fighting over a mountain peak here and a barren reef there. Apparently, the cavemen are still with us.
Muslims don't eat pork but Chinese eat a lot of pork. Hindus don't eat beef but Americans eat a significant amount of beef. We condemn the Chinese for eating dogs because we love our best friends (especially in Washington, D.C.). People don't grasp the origins of these religious, national, and cultural differences before feeling disgust and condemning others. Many of these customs are no longer valid. Pigs and dogs are not foraging in the dumps anymore. Cows are not ploughing the fields in the U.S. unlike other countries. We all need Peter's wisdom about these (stupid circumcision) customs.
so you would hand things over to the GOP?
The Green TEA Party is the only way, take over in the primaries and stay off of the ballot.
i have to wonder why you would take the time to write such silliness. maybe you have changed your opinion of the usa as a beacon of freedom in a dark world and can't quite bring yourself to say it. maybe you just have too much time on your hands and not much thought in your head but this is ows after all. should be the home of real resistance no? partenti says it all here no?? and which side are you promoting - the elites or the people?
"[The ruling elites] know who their enemies are, and their enemies are the people, the people at home and the people abroad. Their enemies are anybody who wants more social justice, anybody who wants to use the surplus value of society for social needs rather than for individual class greed, that's their enemy."
Hello, Greater America. We were flossing the plaque between the "will and what will be" - blasting guppies with Texass Instruments' Regency transistor radio. Socrates choked on (Ars)Kansas's dust and died of demonkraptic hemlock but Archimedes reincarnated. Acropolis shines.
BERNIE ! U should have been t 1 2 sound t charge! https://twitter.com/DKAtoday/status/766435098824699910 …