Third District Court Smack-Down

Brooke Adams posted about the hearing that took place in the Third District Court in Utah regarding the UEP Trust:

Third District Judge Denise Lindberg gave the FLDS until Monday to make a $192,600 payment in past due occupancy fees, representing $100 monthly payments owed for the first three months of the year. The second half is due on June 15. If the sect fails to make the payment, she will immediately set a hearing on the proposed sale of Berry Knoll Farm.

Lindberg set a deadline of June 15 to submit any settlement agreement reached. Any one who wants to — any one — will then have until July 1 to comment on the deal in writing.

She said the negotiations must include participation of the attorneys representing the plaintiffs who have sued the trust.

Bill Richards, representing the Arizona Attorney General’s Office, said there is no deal currently proposed that his office would sign off on.

Jeff Shields, attorney for court-appointed fiduciary Bruce R. Wisan, said Wisan and six of his board members also oppose the current deal being passed around.

Utah Attorney General Mark Shurtleff said he still thinks some of the parties can reach consensus and if they don’t the trust faces years of litigation.

Lindberg asked why there was a need to revamp the process she set up for vetting property claims.

Tim Bodily, of the Utah Attorney General’s Office, said that the main objective is ensuring there is a process in which an independent, fair panel can distribute homes to claimants that are entitled to them, if they want deeds. He said the FLDS and “some others” don’t believe the current advisory board is an independent, impartial body.

Lindberg’s response: “At no point have I seen anybody coming forward, saying ‘Alright, court, you made that offer, you put that on the record, so here’s who we want at that table.”

Ken Okazaki, an attorney for the FLDS, pointed out a couple names had been put forward last summer but “that didn’t work out very well.”

Lindberg said she might be willing to reconsider the board’s make up. But she is not willing to wait indefinitely for a settlement.

“While I am willing to give the parties a few more days, that is all I am willing to give the parties for purposes of reaching some sort of agreement,” she said. “If in fact the parties are, as some represent, close to a proposal then finalize it and bring it before me on the record. And then everybody will have the opportunity on the record to file any objections there may be. I am not prepared to let this matter just languish further.”

Willie Jessop, FLDS spokesman, reached later, said the sect was willing to pay the money owed but wanted it to be used to settle the case rather than to continue the “war” and in the eviction of members from trust land.

It sounds like the Court followed the law and expected the FLDS to follow the orders of the Court.   This is an outstanding result.


~ by FLDS TEXAS on May 28, 2009.

22 Responses to “Third District Court Smack-Down”

  1. Sometimes it does seem that the world is unfolding as it should.

    I plan to live forever, I want to know how everything turns out.

    It’s worked, so far.

  2. Yes, it’s great to see a good result.

  3. There were some people who thought the flds had Judge Lindberg over a barrel because of an old disqualification filing. Guess this proved that idea wrong in a big way. She is very much in charge and apparently has the flds and shurtleff over a barrel.

  4. I’m glad that the special, unique snowflakes in the FLDS have to live life the way everyone else does, at least on this topic. The idea that anyone is furious about a $100 a month maintenance fee as your only rent is ridiculous.

  5. These days $100/mo HoA fee is pretty low, even.

  6. She went beyond the call of duty and gave the FLDS two more weeks to figure it out – figure it out they need to take whats offered and be happy with it.

    I suspect they have been given too much already.

  7. She also included -ANYONE- else who has a claim to be considered. I admire her for that!

  8. Very enlightening to see that Willie Jessop, spokesperson for the FLDS Church, still doesn’t seem to grasp that the $100 per household assessment is to fund ongoing UEPTrust operations and his take that it is being used to fund the “war” of members evictions is typical passive resistance to the Court appointed interim Trustor’s authority and legal capacity to operate the Trust and direct it’s trustees. Member’s evictions were initiated against openly defiant member’s whom failed to pay their fees and are at sufferance for their actions. Willie ought to review who declared “war” over this mattter?

  9. The sticking point is that FLDS want it ALL!! They do NOT want anyone who is ex-flds living in their area. We have already seen how they treat the ex-flds who are still living in the area. And if it is allowed to continue, FLDS can’t continue the Theocracy it’s always had before, along with abuses of women and children

  10. What I find odd is that one person – dont think it was a Prophet – said Berry Knoll would make a nice place for a Temple, and then now comes Warren, the Prophet, saying that the UEP and people who remain there are rejected by God.

    So if ya follow Warren, you cant really claim any site there as worthy of a Temple, he says it rejected.

    Does ANYBODY read the Dictations..?

  11. Stamp,
    Brooke Adams did an interview with Dan Barlow last summer about Berry Knoll remember? He said he was considered sacred.

  12. Berry Knoll is only sacred for Willie, his cattle and irrigation companies. It is all about only one god, MONEY.

  13. HERE! HERE!!! anonymous:)

  14. Now they can explain just what it means when the Prophet tells em they are rejected yet. I havent seen THAT issue tackled or even spun by the protecters – it has them, well, feeling REJECTED!

  15. I found a great article that floats in a few more details that Brooke cant post!


    “”I’ll flat out tell you that they had agreed on a number of things that we are trying to take care of,” Shurtleff told the court. “With all due respect to Arizona … they came here to Utah and said ‘we are not budging.'”

    ~ SNIP ~

    Richards said he believes the current proposal raises constitutional and trust law problems. He also questioned whether it meets standards set when the court altered the UEP to allow for only secular management of its assets.”

    ACKKK There is that PESKY little CONSTITUTION sticking its nose in RICO business again!


  17. Arizona has a right to object, half Flds are in Arizona! And some of those were kicked out to. Since FLDS never registered as a religious organization but a corporate one, then it should be defined as a secular trust.

  18. I do think that the bulk of UEP residences, if not total acreage, does lie in AZ.

    Harker farms Utah is large but wasnt a UEP property until Wisan sued Warren for it.

  19. T,

    If your out there, heres a Q – What do you think of Warren stripping families apart and sending them to different states, such as YFZ, and then his denouncing of the UEP and the remaining residents as “Rejected by God”..?

  20. I remember when Willie Jessop had the flds, including children, show up in mass for a hearing. Their presence was designed to win sympathy for their cause.
    It was really good to see the non flds show up at the Utah capitol
    in mass to demonstrate for their cause. How could you not feel sympathy for the poor woman in a wheelchair who is in danger of being evicted from her house by flds goons if the flds gain control of the UEP.

    The flds are being thwarted by tactics they have used themselves. Great to see it.

  21. chemist
    That lady in the wheelchair – Cora Fischer Stubbs – WAS kicked out by the FLDS already. Rulon had her evicted from her home and she and about 20 other families filed suit for it. Cora had left her home to go visit family in SLC I think it was and she returned to the Creek, there were a bunch of young thugs in her house. Rulon claimed she had abandoned her home and it was no longer hers. She and her 10 children were homeless.

    You can read about it here

    Jeffs v Stubbs

  22. Jeff Stubbs,
    Thanks for the additional information on Cora Fischer Stubbs. Those strong arm tactics by the flds goons are totally reprehensible and should be illegal.

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