Letters to the Editor re Bischoff v. HISID

Wednesday, February 13, 2013

Editor:

At a public meeting of Holiday Island property owners and the Attorneys representing David Bischoff held February 11th, the Attorneys for the Bischoffs referred to the illegal exaction action as the ONLY way that Holiday Island could continue to exist legally as a community............. I contend that there is never only one solution to settling differences............

The Attorneys referred many many times to the fact that the illegal exaction action was the ONLY way that would allow Holiday Island to survive........ And to make it even worse and more serious the Attorneys claimed that their solution was only a BANDADE that would allow the community time to pursue a longer term solution, by incorporating as a city...........

The one question the Attorneys chose not to answer was how HISID would pay for the legal fees and where the funds would come from, when asked to do so by a home owner......... They responded only by saying that they had no idea how HISID would pay Attorney fees or where the funds might come from.... I think the Attorneys know exactly where the funds would come from. It is no secret that HISID has an emergency fund in the amount of one point two million dollars..... It would appear the attorneys have their eye on that............

It appears that the lawsuit could drag on for a very long period of time, or until all funds to pay legal fees have been exhausted......... At that time HISID would be bankrupt and very possibly not have the means to incorporate as a City or pursue other viable options.........

If I'm reading between the lines correctly I could assume that after a long hard fought battle and all fund are depleted on legal fees, the Bischoffs Attorneys may very well recommend that to incorporate into a City is the only permanent fix, they eluded to that at the meeting.....If that is true why would it not be in the best interest for HISID to work with David Bischoff in order for him to drop the lawsuit in return for pursuing incorporation or other viable options.....

If you take David Bischoff for his word, that he does not want to Harm Holiday Island, then work with him in a manner that addresses his concerns in exchange for him dropping the lawsuit....A fast tract to incorporating might take a year but would allow Holiday Island to operate within the law and would satisfy the Bischoffs concerns.............. If the lawsuit continues it could take years to settle and hundreds of thousands of dollars.......... Holiday Island would no longer exist as we now know it............

I am in total disagreement along with a huge majority of other property owners that the illegal extraction action law suit is the ONLY OPTION as the Bischoffs Attorneys contend..........

Bob Anastasi, 95 Beaver Drive Holiday Island


To the Editor:

This is a letter to Mr. & Mrs. Bischoff, Mr. Germani, Mr. Brown and each of our other neighbors who in my opinion supported and now share the responsibility for the malicious illegal exaction lawsuit that has befallen Holiday Island. Thank you for your generous contribution to the history of this community and congratulations on your fifteen minutes of fame. All it took from you was ignoring the well-being of your neighbors while you sought to prove that your own opinions were right. From where I sit, your actions appear immoral, unethical and just plain wrong. While it is my belief that your attorneys only did this for fame and self-enrichment, I also feel that those of you who started, funded and have supported this despicable lawsuit should be very proud of your great achievement. We hope it makes you feel good to say that you were right and that now you will have your day in court. And we hope you are sleeping well at night while your neighbors and former friends are awake mulling the impact of your ill-conceived actions on our homes and our lives.

Did you take pleasure from many of your fellow home owners leaving your little "town meeting" shaking with anger or with tears in their eyes over the loss of what Holiday Island once was? And perhaps grieving over the loss of their innocence by trusting you, their neighbors. Please remember that for the rest of your days in this community each and every time you make eye contact with one of us dumb ones, you will only see our pity. Even those of you who, in my opinion, were too cowardly to stand up and admit that you helped finance or have actively supported this unconscionable action still have to live with yourselves while knowing that you contributed to the pillaging of our beautiful community.

No, we wont give you the satisfaction of hating you. But we hope that you and your egos enjoy a great friendship. Because in my opinion those egos, which caused you to dismiss your neighbor's concerns, are the only friends you will ever find in Holiday Island. However, we also pray that your future neighbors will be kinder and show more consideration to you than you have shown to your Holiday Island neighbors.

One more thing. While our lives are changed forever, OUR BELOVED HOLIDAY ISLAND WILL SURVIVE THIS! And the rest of us will still be able to look at ourselves in the mirror every day and say, "we were considerate of our neighbors." My belief is that when you look in the mirror all you will see are little people with no conscience who put themselves and their opinions above everyone else. And we will remember!

David Blackford

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  • To NRHI,

    I know Bob and I don't beleive he was whinning at all.He does his wine in the evening.I think he was just trying to offer a possible positive solution to settling the law suit.He is giving the Bischoffs credit for not wanting to hurt Holiday Island and that might be to kind on his part.

    -- Posted by LITTLE DOZER on Wed, Feb 13, 2013, at 5:16 PM
  • Thank you Mr. Blackford for including me in that group of people who believe we must live within the law. You people who, (as NRPO said) "whine" about this, are advocating a total disregard for the laws of our State. It's the law Folks, get over it.

    I'll try to tell again you what you should have heard at the meeting. The BOC has been "illegally" assessing us for years now. Don't you care David? I am just flabbergasted that a man with your intellect has such a blind spot on this one. This goes for the rest of you out there who "left the meeting shaking with anger and tears in their eyes".

    You call me immoral, unethical and wrong!? You my friend, are the unethical, and wrong part of the discussion. You all, who advocate continuing to live in a society who turns a blind eye to respect for laws and convention. Did not you hear the attorney tell you that Mr. Reed had been visited by "Kevin Crosson" and "one" of the Board Members. The purpose to induce Mr. Reed to alter his assessment methods! Does that sound "ethical" David? Huh? Is that "moral" David? Did it ever enter your head that Mr. Crosson and at least one of the BOC knew they were falsifying the tax base? Did it not occur to you David that maybe, just maybe, this had something to do with Crosson's firing? Your "wonderful" BOC has been committing unlawful acts for 20 years now. They have been falsifying records, swearing to documents they knew were faked! If they didn't know it, why not?

    It spite of all that, you have the unmitigated gall to call me immoral, unethical and wrong. You **** right I contributed to the suit. It is the only thing that can save us. The truth is public now David! The truth! Know what the is David? If you people would get behind this thing we can come out a much better community that we went in. We will be "law-abiding" David. Can you spell law-abiding David?

    I'm just disgusted with the lot of you selfish, self absorbed people who want nothing but the status quo. Disgusting!

    J. Paul Brown

    Smokhous

    -- Posted by smokhous on Wed, Feb 13, 2013, at 5:41 PM
  • PS: As for this going on for years, only if the less intellegent among us have their way and the lawsuit is contested. Let's settle it and get on with our lives. Yes, the lawyers will make some money. That's what they do for a living!!!

    J. Paul Brown

    -- Posted by smokhous on Wed, Feb 13, 2013, at 5:46 PM
  • One more shot at this. Please, those of you who are unconvinced of the value of becoming a City! Check the link below. Just look at it!

    http://www.cherokeevillage.org/history.htm

    -- Posted by smokhous on Wed, Feb 13, 2013, at 6:19 PM
  • I do not comment often. Perhaps a good thing. My take on all this is simple: IF the Federal government sent you a "tax bill" that was NOT LEGAL, IF the state of ARKANSAS sent you a "tax bill" that was NOT LEGAL, IF the COUNTY OF CARROLL sent you a "tax bill" that was NOT LEGAL and you were made aware of it being illegal, WOULD YOU PAY IT? I WOULD SCREAM, PROTEST, DISAPROVE and DEMAND ACTION!!! It seems that for whatever reason, this is what is happening at Holiday Island with their Assessment of Benefit Tax. It is being illegally levied and collected.

    The beginning of this assessment was residents asking for answers from the BOC. They blew it off. Then, as I understand it mediation process to settle the dispute. It was about equalizing the assessment as has been the case since the 70's and was stated by law. The BOC would not agree. Now, (when had ANY of this been done we would be living happily ever after).Now it has been discovered HISID has been collecting ILLEGAL TAXES for approx. 20 years +. Somehow, a group of owners think that is JUST FINE and they want to continue to live happily ever after paying taxes that are in violation of the LAW instead of facing facts and working to save our community by doing what is necessary to MAKE US LEGAL. I am angry this has happened. I believe IF the BOC had dealt w/this issue before it reached this point, NONE of us would have become aware of the total illegality we are functioning under. I do not believe Dave Bischoff or his group knew this. They just wanted equal assessments for all. So here we are and the truth about what is going on here has been researched as a result of the BOC members continuing down a road they had no direction or knowledge about. NOW it needs to be fixed. Either we settle and take the high road or if the BOC continues down their path, we loose everything. Like it or not, the actions of the BOC leaves us with two choices. FIX THE ILLEGAL OPERATIONS through this exaction suit or face disaster as a community. I smile at my handle "Important to do it right." I guess it says it all.

    -- Posted by Important to do it Right on Wed, Feb 13, 2013, at 7:48 PM
  • Bob,

    There are a couple of points in your letter that you appear to be mistaken on. Please review the article reporting on the info meeting.

    You state the attorneys said that the "illegal exaction action as the ONLY way that Holiday Island could continue to exist legally as a community" That is incorrect.

    They said that the exaction suit was the only way to protect HI from the HUGE amounts of lawsuits that could/probaly will be filed in the future over the HISID illegal actions in the past. Settlement of this suit would block all other claims from being filed in the future (and there are literally thousands of possible suits waiting when you think of all the years and all the illegal AOBS etc.)

    The attorneys said nothing about it being a temporary fix for HI to survive. They said that under a settlement, it would be able to legally allow HISID to continue to collect AOBs, for a limited time, (a temporary fix/"bandaide) to give HI a legal revenue source to operate with during the time it would take to switch ovr into a legal govenment form. There is a big difference between this and what you understood/said.

    And lastly you take the attorney to task for not commenting on how HI would pay for the legal costs. Seeing as they are representing the owners it would be, at minimum improper, and quite possibly against legal ethics, to comment on how the "opposition" should conduct their business. Perhaps they should have suggested that Mr. Hartley run bake sales out of his office and that the staff do Saturday car washes ---- but it is literally none of their busines on how HIID pays its bills.

    If HISID wants to save money for all of us it is time to stop acting like spoiled children. The whole issue appears to be that of being legal and fair to evryone. So "HISID" screwed up in the past, its now time to "take its lumps" and straighten out for the benefit of us all.

    Apparently two separate JUDGES have already told HISID to settle this, indicating that what they had seen so far did not look good.

    It appears that its the BOC's egos that are getting in the way here ---- not Bishoff's -- as Blackford claims in his letter. By all documented accounts (go listen to the BOC meeting tapes sometime)it is the BOC who have refused to cooperate, it is HISID who WANTED/REQUESTED/forced Bishoff to file the suit, and it is HISID/BOC who have not seriously attempted to settle.

    -- Posted by toobe on Wed, Feb 13, 2013, at 9:32 PM
  • Toobe,

    You are absolutely correct!!

    -- Posted by deltadawn43 on Thu, Feb 14, 2013, at 8:58 AM
  • My question is, how many residents are on board with the law suit against Holiday Island? Is it worth the fight instead of coming up with a solution. They say that it could turn out that Holiday Island would become a town of its own, well haven't they been trying for years to do that?

    -- Posted by veteranhelper on Tue, Feb 19, 2013, at 1:54 PM
  • Looking the other way, while others do not adhere to the law contributed to the pillaging of a beautiful community.

    -- Posted by CommonSense22 on Wed, Feb 20, 2013, at 10:12 AM
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