December 5, 2011

SandBox Comments: Intellectual Conservative "Interference of the Tortious Kind This Way Comes"

"Politicians who interfere with the building of the oil pipeline are really committing tortious acts, even though they suffer immunity as members of Congress.

Politicians are wicked beasts. Some people believe this is due to their lack of a moral compass. The truth however is that these heinous creatures do indeed have a moral compass. However it operates on a reverse polarity from reality and points as far away from true north as possible. This causes them to predictably do what is exactly the wrong thing in any given situation except by some sheer preponderance of luck brought on by the proper alignment of the planets in the solar system...."
(J.J. Jackson)
 
(Read more?  Click title.  Comment to discuss)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."

SandBox Comments: State of Elections "CO (secret ballots): Colorado’s super-secret ballots"

"Colorado is currently in the midst of a heated legal dispute over whether images of local ballots should be made available for public scrutiny in an election dispute. The controversy started in 2009, when Marilyn Marks lost the Aspen city mayoral election to Mick Ireland. Marks petitioned to view images of the anonymous ballots (sometimes referred to as TIFF files), but the city denied her request.

She then filed suit in state court under the Colorado Open Records Act (CORA), but the district court ruled against her. She appealed to the Colorado Court of Appeals, which reversed the lower court in September of this year, holding that the contents of the ballots should be released.

The substance of the issue is that the city contends that the images constitute ballots, and thus are barred from public release by the provision of Colorado’s constitution which protects the secrecy of ballots as well as local regulations as to the disposal of ballots. The Court of Appeals’ holding rejected both of these arguments, holding that the images are not ballots, and that the state constitutional protection only extends to the identity of the voter, not to the substance of the ballot. The court summarized its holding as follows..."

(Wesley Moore)


(Read more?  Click title.  Comment to discuss)

SandBox Comments: Eagle County Times "Cordillera Golf Club litigation heats up"

Avatars in commentary have been pretty hard on the Wilhelm Family up in Cordillera.

No doubt, this is a just lawsuit in many ways.  As managers, especially of construction development in Cordillera, these guys really do belong in the same leagues as the construction set and architect that ran right over the top of Scott DeGraff over in Snowmass and Aspen.  They make the concept of 'unjust enrichment' have a whole new depth of meaning.

But so far, commentators in the construction industry have not said too much about the owners raising the most 'smell' up in Cordillera.

Maybe the time has come for avatars who cross over from Aspen to Vail to start speaking up a bit and level out the playing field for the Wilhelm Family.  In light of the recent press coverage on Base Village, that seems appropriate to do.

There are some crossovers of a few names from Cordillera Homeowners to really, really big projects such as Dancing Bear and Base Village. 

Unjust enrichment is usually a major factor in hurting scapegoats.  And there is no doubt that in a few ways, the Wilhelm Family are scapegoats.

Unjust enrichment is one thing.  But tortious interference is much, much worse.  Criminal in nature if the interference runs deep enough, carries out over extended periods of time or is a pattern that can be proven.

The sad part of the Cordillera mess are all those homeowners, outside of the at least three 'crossovers', that are also the victims.  Same as the scapegoats are.

Exactly how deep did District Attorney Mark Hurlbert really look?  Or was he erring only on the side of the elite, wealthy homeowners?

"For those who are not legally minded, the act of tortious interference is when a party, the tortfeasor, moves to convince another party to breach a contract. It also occurs when the tortfeasor intentionally disrupts the wherewithal of a party to meet its obligations under a contract...."
(J.J. Jackson)

(Read all about how things are heating up, for everybody, over in Cordillera?  Click title.)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."

SandBox Comments: Eagle County Times "Vail Mountain’s – Avalanche Rescue Dog "Henry""

Good boy, Henry!

"Henry” is a seasoned Avalanche Rescue professional.

So is his owner and partner in training – Chris ‘Mongo’ Reeder who works as a Ski Patrol Supervisor on Vail Mountain...."
(ECT)

(Read more?  Meet Henry? Click title. )

SandBox Comments: Aspen Daily News/Johnny Boyd "The more things change, the more they stay the same"

Don't worry, all you followers of SandBox who're not familiar with the Boyd aka Johnny aka the Snomasokist.

He'll grow on you.

Sometimes like the spread of a case of gout.  Or a case of hives.

Sometimes like a warm, fuzzy blankie on a cold winter day.  Or like a straight shot of excellent tequila after the initial shock dissipates.

So true.

"The more things change, the more they stay the same."

(Ready to meet Johnny on an uncensored print news media?  Click title.  Comment to discuss)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."

SandBox Comments: Aspen Daily News "Former columnist not a river resident"

First, a thank you to Dave Danforth and the editorial staff for listening to the folks, after taking their pulse on a regular basis.

It's terrific to have new op-ed offerings and fresh views.

Oh, how the folks wish that (insert word here) retentive 'other' newspaper in Aspen would do same.   But alas, never to be.  (...do they even know  that the people who read them are alive and do have a pulse??)

Second, here we are again on the topic of disinformation in the hands of tools that are powerful.  Doesn't matter if those 'tools' are a person or a method of communication.  In the case of Jack Johnson, heaven only knows what 'power' he holds. 

Since readership really does have a pulse, does that readership think they could stand alone on some semblance of ethics and principle by not  buying into any information unless it's final  verified?  For goodness sake, go get your daily fix of smut and gossip by picking up the National Enquirer.  Leave your neighbors alone.

Lastly, let's weigh in on Connie Harvey's columns and give a balance to Jay Cowan's letter to the editor today.

This is a case of the Daily moving on.  And another case of an intervention by the folks. 

Slowly but surely the people keep stripping away the layers of disinformation that keep trying to cling to the old school of thought that 'anything goes'. 

We have far too many eco-pen 'hitman' columnists in this valley, Connie.  It would have been so very nice to get at least a little bit of balance out of your work.  Best to you as you move on too.

(Read the letters?  Click title and link.  Comment to discuss)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident." 

SandBox Comments: Glenwood Springs Post Independent "Glenwood Springs may consider hiring economic development director"

SandBox commentary on the news itself is found at the end of this post.

To listen to the work sessions and the council meeting for yourself, click here.  Timing for the City of Glenwood Springs to get the feed posted up runs anywhere from a day or two after the meeting to roughly 10 days to 2 weeks.

Let's comment first, for a moment, on a 'hypothetical' situation.

Let us fantasize that just maybe there really, really is a very large group of citizens and business folks in the 81601 zip code that are fed-up with the handling of public funds, the ways, means and methods of promoting our largest industry of tourism (and) thoroughly disappointed in the stewardship by our elected and hired leaders of our local economic strengths and growth.

Remember now, this is a 'hypothetical' 'fantasy' that such 'people' really do exist.  We 'know' for 'absolute certainty' because "facts" and "credible news" and "credible" people in "positions of trust" 'tell' 'us' that there really is "no such group" and that "only one level of discourse" exists in 81601.  Backing 'them' up are the 'few elite' and the 'propoganda' that "confirms" that for 'us'. 

In our 'fantasy' this morning, this group of citizens that may or may not really exist,  pick up their free copy of the morning paper.

What is the likely question that first pops into their mind?

Could it possibly be a WTH?  Or maybe:  "Are we ever, ever going to have any credible press releases or news reporting that doesn't completely destroy all the hard work of the folks?"

Remember now, this 'hypothetical fantasy' is coming from the viewpoint of people who have to live day in and day out in the true economic reality of 81601. Not that partially disclosed, rose-colored cheerleader version that's usually in the morning paper.  These people are the ones that carry all the weight of every disappointing performance and failed stewardship of duty from our leaders.

SandBox comments this morning:  "Chances are, after so many years of little but propaganda, hard knock of criticism after hard knock and the last 10 months or so of obvious struggle to break entrenched habits not getting the job done of eliminating that vexation of the folks; 'probably not'.

Mr. Stroud, if you would even just entertain the remote notion that your written word that used to hold the tremendous power to sway the public, has weakened to simply thoroughly upseting a good portion of the population on most days you write; you just might not cost 81601 so much monetary loss every time you pour the ink.

Let's now look at the reported news itself and see what we can do to help the common's voices out here: 

'SandBox Nanny' has still not listened to the session or the meeting nor is she likely to.  Such a complete waste of time at this point, plus the content is likely to be disheartening.  She really does not get too many perks to her 'job' of moderating and posting.  But, one of the ones she does get is all the input and feedback from you that saves her from the often coma-inducing sitting through long, long meeting feeds.

Why don't y'all temper the reality you're forced to live,  by the major disappointment that is our economic condition in 81601 right now, with a little 'fantasy' of your own?

Think....."DDA.  Leslie Bethel.  Councilman Gamba."    

There ya go.  Because there is one absolute fact that you can count on.

Your empowerment and subsequent growth powered results is permanent.  Nowhere, ever again unless you let it, will your voices die off and 'old realities' get out of the dust cloud you've left them behind in.

Help this movement from the city to take hold.  In fact, things are so bad out here you might want to think about helping it all burst out of the gate.

(Read Stroud's piece?  Click title.  Comment to discuss)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."