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Idaho's Weekly Journal of Local & National Commentary  Week 4814

 

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by Free Market Duck

Court transcripts reveal judge knows University Place fiasco was a financial scam and who the perps were
(Jun 14, 2007)

Boise, ID Following are excerpts from the current lawsuit, Case # CV OC 0405740D, April 18, 2007, between Civic Partners v. University of Idaho Foundation, commonly known as the University Place fiasco:

(In District Court 4, Judge Hurlbutt presiding, they're talking about missing descriptions of parking spaces in the Reconciliation Agreement in which Civic Partners and the Boise Lawyers are trying to obtain another $18 million, $350,000 per year for 30 years plus chump change...let's listen in, shall we?)

THE COURT:  Well, maybe that's a problem of entities like the University of Idaho Foundation involving itself in complicated real estate deals that build a house of cards to accommodate things like tax revenues that are not going to be paid.  And the position of the Foundation previously has been that the payments were to be payments in lieu of taxes; that they were unconstitutional on the one hand, which I have denied.  It seems to me this argument with respect to parking places is somewhat late in the game and is a significant change in the Foundation's position.

MS. ANDRUS (UIF Attny):  I acknowledge it's a change.  That doesn't mean it's wrong.  We could be late and right; I suggest that we are.

THE COURT:  Well, the Foundation's position in this transaction or series of transactions, at best, seems to have been bumbling, at least from the standpoint of an outsider looking in.  What the Foundation, University, the County, CCDC, Civic Partners, various attorneys, and public officials were thinking and trying to accomplish will forever remain a mystery.  (FM Duck: Not if you read the book, Boise's Watergate: University Place & All The Governor's Men.  This shows the judge knows all the perps in the scam.)  Because in some respects, a number of people aren't talking or at least it's not part of this record.  To divine what was trying to be accomplished is beyond the power of this court.

FM Duck:  Really?  ...more minor discussion...

THE COURT:  If parking spaces were material to their consideration in entering into the RA (Reconciliation Agreement) -- and I'm -- I'm not sure it was anything other than to make it look like they were getting something for their payments in lieu of taxes in order to assuage somebody's sensibilities, but I'm not sure it was really material.  Because (FM Duck says: pay attention here since the judge now reveals he knows the real reason for the $136 million Univ Place Fiasco) the whole structure of this deal really had little to do with parking spaces; it had everything to do with supporting the whole line of financing that was put in place to make this project work.

BINGO!  The illegal temporary financing for which U of I VP Jerry Wallace already pled guilty to criminal charges in May 2006 but all the other perps escaped.

More discussion...

MR. NICHOLS (UIF Attny):  On the same day they do an (Reconciliation) agreement they call agreement in connection with the assignment and assumption of the Parcel 1 sublease.  They do it the same day.

THE COURT:  Now, when you say "they," "they" is you.

MR. NICHOLS:  "They" is Civic Partners and the Foundation and the CCDC.

THE COURT:  Right.

MR. NICHOLS:  These are the three parties.

THE COURT:  So the "they" includes you.  It's a "we."

MR. NICHOLS:  Yes.  Yes.

THE COURT:  So if this is crazy, we all were crazy in putting this mess together.

 MR. NICHOLS:  Well...

(FM Duck:  note that the judge said the words "we all were crazy in putting this mess together," in which it appears he is including himself with all the other perps.  Remember, it was members of the Idaho judicial system in their fake non-profit corporation called The Friends of the Ada County Judicial System, Inc. who initiated the unconstitutional fake lease-purchase methodology for the Courthouse land that created the seed money for Civic Partners' $136 million University Place fiasco.  Is Judge Hurlbutt confessing here or what?)

(But there's more... listen up... talking about transfer of non-defined parking spaces...)

MR. NICHOLS (UIF Attny):  ...If the Foundation didn't transfer Unit 101 to ISBA (Idaho State Building Authority), how did ISBA get it?  How did ISBA get it?  "It" is a pronoun.  The antecedent of "it" is the sublease to 101, and ISBA never got "it."  (FM Duck:  This is like ex President Clinton trying to define the word "is" during his impeachment procedings.)  ISBA never got a sublease to Unit 101.  This goes back to the intention of the word "transfer."  When they used the word "transfer," they thought there would be either a sublease or assignment on one end; they also thought, on the other end, ISBA would get a sublease.  Isn't that what you get when you get a "transfer" from a subleasee is a sublease?  What did ISBA get?  ISBA got fee title.  The Foundation could not convey or transfer fee title to ISBA because the Foundation never had fee title.  So it -- so the ISBA never did get it from the Foundation.  ...Let me conclude, Your Honor, by saying that the Reconciliation Agreement is incomplete.  Because what it is, maybe, is an agreement to pay for an unknown number of parking spaces in a sublease that doesn't exist.  Remember, the sublease didn't exist.  And the sublease was a sublease of a Parcel 1 sublease, which wasn't signed and was changed before it was signed.  And that was to be a sublease of a parking garage that wasn't built.  (FM Duck: and here's the clincher...)  So an unknown number of spaces in a nonexistent sublease of a sublease that wasn't signed for a part of a parking garage that wasn't built.  ...Do you have any questions?

DEEP THROAT II:  Oh yoo-hoo.  I have a question.  When is US Attorney Allan Garten going to indict the perps listed in Boise's Watergate on RICO and federal criminal charges? -- DT II

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