Berry Knoll: The Battleground
The photo above, supplied by a reader, shows Berry Knoll, the small hill on the left side of the highway. The Berry Knoll farm spreads out to the west of the hill.
The FLDS church filed actions in federal and state court today seeking to postpone the sale of Berry Knoll Farm, which I suppose now puts the Nov. 14 hearing in question. One of the most interesting documents is an affidavit from Willie Jessop, included with the federal filing. Here are excerpts:
5. The Fundamentalist Church of Jesus Christ of Latter Day Saints is based on the ''fundamental'' teachings of our Savior as recorded in ancient scripture and revealed through modern-day Prophets. We believe that we have been sent to the earth to learn who God is and how to become like Him. We claim the privilege of worshipping God as guaranteed by the Constitution; we feel this privilege belongs to all.
8. We worked hard to turn the desert landscape into fertile fields and productive farms and ranches. We worked hard to create small businesses. We worked hard to build communities on principles of self-reliance, charity and brotherhood.
9. As I explain below, in the last few years our communities and our faith have come under sustained and systematic attack by the State of Utah. The principle means by which that attack has been carried out is the State's takeover of a sacred Trust and appointmenet of a self-proclaimed ''State-Ordained Bishop'' to administer the Trust.
10. As a result of the State's actions, the farms, ranches, businesses and communities we worked so hard to create and consecrated and dedicated to the common good through the Trust, have been decimated. The people are destitute, without homes, without livelihoods, without property, without food, having their power cut off. Daily I hear the pleas of my brothers and sisters, because they've lost their homes and their jobs, and everything they know and hold dear and sacred is disappearing.
11. The ''State-Ordained Bishop'' now plans to auction off land that has not only served as the breadbasket of our community, but also is the site of a prophetic vision to build a Holy Temple. We ask this Court to stop this sale and hear our claims.
14. The FLDS Church teaches as one of its fundamental tenets that there must be a literal gathering together of the faithful Church members on consecrated and sacred lands to establish the Kingdom of God on Earth under the guidance of divinely-inspired Church leadership.
17. As a matter of religious faith and devotion, we believe we have been commanded by God, through the Prophet whom God called to establish his Kingdom on Earth in these ''latter days,'' to consecrate our property, services, times and talents to the FLDS Church, for the purpose of building that Kingdom.
27. Shortly after he was appointed, I met the Special Fiduciary, Bruce Wisan. Mr. Wisan came down to Short Creek and asked to meet with some of us. Among the first things he said to me was that, based on the ruling of the Third District Court, he ws now the ''State-Ordained Bishop'' or ''SOB.'' He said this with a humorous expression, as if he found it clever and amusing, but it was a clear mockery of our faith and institutions.
29. All of the members of the new court-appointed Advisory Board of the Reformed Trust are avowed enemies of the FLDS Church.
30. The Special Fiduciary has stated to me personally, and admitted in open court, that one of the driving factors in his decisions as to how to manage and dispose of Trust properties is whether he has reason to believe a particular Trust participant will continue to practice the Holy United Order and consecrate the property to the Church in the future.
35. The Special Fiduciary's characterization of the Trust's administration before the State takeover speak volumes about how the State view the manner in which the Trust was previously administered in accordance with its fundamental, inherent nature as a religious institution. Of course the Trust was operated under religious principles, and of course the Trust ''discriminated'' on the basis of determinations made in accordance with Holy Scripture and divine revelation. Although it appears the Special Fiduciary believes churches can be required not to follow their own doctrines but only ''neutral principles'' dictated by the State, that is contrary to our beliefs, including our belief that all people may worship as they choose and make their own determinations as to matters of church doctrine like ''just wants and needs.''
37. The Special Fiduciary says he needs to sell this property not to meet the needs of the people for food, clothing and shelter, which needs are dire, but to ''resolve the current cash crunch problem,'' a nearly $1 million balance owing to the Special Fiduciary's legal, accounting and other functionaries.
39. Berry Knoll Farm has long been of central economic, social and historical value to the FLDS Church as part of the prophetic vision and divine command that the Short Creek area will ''become a garden spot of the west'' and sustain the faithful members of the community through consecration of its bounty to the Bishop's Storehouse.
40. Berry Knoll Farm also has deep religious and historical significance for me and my fellow Association members. We believe that the location of a temple site is divinely revealed to Church leaders, and that as a result of a specific prophecy Berry Knoll is a sacred site upon which a temple will be constructed, even if the Church leadership is ''scattered,'' so long as they remain faithful.
46. More importantly, the State of Utah's sustained and systemic attack on the Holy United Order amounts to punishment for following our beliefs by consecrating our property to the good of the whole.
47. In addition, the state is making us pay those engaged in the attack, people who are opposed to the Church, the religious mission and purposes of which the Trust was intended to advance, but has denied us any standing to object or require accountability.
48. The extent of the devastation, spiritual and economic, that the State of Utah's actions in this matter have visited and are continuing to visit upon the community of faith cannot be overstated. Thousands of us are literally fighting for our survival. We ask the Court for nothing more than to apply the United States Constitution to the actions of the State in this case.
43 Comments:
Four years Flds didnt give a hoot about UEPtrust! Warren Jeffs left, ran, left everything to fall apart because he was to much of a coward to answer questions! Ive seen pictures of berry knoll the last year.. Mr Willie Jessop and its nothing but dirt and sand.
If you compare picture from 2003 and 2008 not only is there NO fertile ground, but building have been dismantled and removed since 2003.
One so called Prophet saw it as sacred. Warren Jeffs didnt! Your temple is in Texas. Evidently where the prophet is, thats what sacred!
Flds are spending thousands on lawyers! When that money could go to help people OWN their OWN houses!
Cry alligator tears willie, stay in your victim attitude and FLDS will end up with NOTHING!! Your worried about Bruce Wisan stealing. Take a look around Willie, Rod Parker and his law firm, Mr Robinson are the ones stealing FLDS blind.
marrie,
Once again you show your abject lack of understanding of the situation. You spout off about things you know nothing about.
To others;
I for one am thrilled to see the FLDS community, through Mr. Jessop, not only speaking up, but speaking clearly and eloquently for themselves!
It would seem that it may be time to present an alternative plan for managment to the COurt. Perhaps a compromise position would be for managment of the UEP to revert back to the FLDS leadersip, with peripheral oversight maintained by the Court for an agreed upon time. Any outstanding debt could be negotiated and a mortgage secured by the trust to cover those specific, one time expenses.
That would allow for proper managment and eliminate the possibility of any future action against the UEP by the current trustee, Mr. Wisan.
Brooke, Thank you, again, for showing us a more complete 'view' of the events current to the FLDS issues.
Also;
What a magnificant site for a temple!!!!!!
As an Easterner, I am constantly amazed by the beauty of the western landscape!
...our communities and our faith have come under sustained and systematic attack by the State of Utah. The principle means by which that attack has been carried out is the State's takeover of a sacred Trust and appointmenet of a self-proclaimed "State-Ordained Bishop" to administer the Trust.
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"State Ordained Bishop" is exactly the right title, for this is a religious war dressed up as a secular action. The federal courts should come down hard on SOB Wisan and his judge.
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Question:
Why would FLDS leaders want the UEP trust back when so many lawsuits have been filed against it?
Answer:
Abject lack of understanding (FLDS leaders aren't that stupid).
My my, the ignorance here...
Laurie,
The lawsuits not withstanding, one would think that something as integrally a part of their faith would be better having it's governance from within, assuring it's passionate and personal defense, no? If it is necessary to mortgage part of the holdings to settle negotiated, current debt, and be positioned to secure adequate counsel for current and future litigation, I would think the FLDS would want inside control. In consideration of their current position of public involvment, it would seem that the court would entertain a motion to alter the governance. If not, it would seem that there is a cause of action to go into the Federal courts for relief, based on the blatant bias which would be exhibeted in a refusal to review. In the alternative, there is a cause of action in the Court supporting an incusion into the sacrosanct seperation of church and state.
Hey...we did okay on Tues.!!!!!!
Did ya notice Obama's acknowledgment of his multiple siblings from other mothers????....thought that was pretty cool!
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Actually, I think marrie is right on target. And I have read about 90% of the trust records. If the FLDS members got very active in the current trust, in stead of fighting it with lawyers, they would be better off than they are now AND better off than they were when WSJ was running things. If they can learn to negotiate with exmembers and those who live near them, heck, maybe they could legally take it back over again.
LOL! Laurie, you got that right!
OBAMA rocked America, Baby!
HALLELUJAH!!!
The FLDS are not going to work with Wisan, nor are they going to work with apostates who are attempting to steal their land.
On the other hand, were there internal governance, if residents were asked, no one would object to paying a monthly maintenance fee, which would position the trust to be able to demonstrate the ability to repay a mortgage.
With Wisan there, no one is going to even acknowledge him, much less cooperate with him.
rericson...the FLDS is splitting into two groups, the YFZ Ranch group and the Colorado City/Hildale group which will eventually become several groups.
Once the majority in CC/Hildale realize their never going to Texas, they'll cut off the money to YFZ - tithing, welfare, food stamps, etc. (Yes, rericson, the YFZ Ranch was built with taxpayer dollars).
YFZ's Merrill and Wiley Willie couldn't care less about the UEP or Calamity City, they're only using them to support the YFZ and serve as a buffer against lawsuits.
Both Jessop buffoons will lose everything, and at least one will experience a "self-fulfilled prophecy" and join the ranks of pedophile profit Warren in armageddon.
And that's a fact, jack.
No Laurie! That is just more of your pure BS!
Since evidently the only two people who heard what Mr Jessop is saying was said. I would consider that a "he said, he said" converstaion.
Mr Wisan does not seem the type to say stupid things. Mr Jessop never showed up on the scent in FLDS till recently. My understanding is Mr Jessop was gone for 5 years from Flds till recently.
Mr Wisan has a business which has more than ONE client. He firm was appointed to be in charge of the trust. Have any of you bothered to read court documents about the trust?
Why the trust was taken over by the state? Why no one showed up to defend aligations against Flds before it was taken over by State?
Doesn't it seem odd not ONE trustee at the time defended what was happening to FLDS trust?
They better start working with Wisan and state courts or they are cutting thier noses off to spite their face.
The time they should of done something was 5 yrs ago! Not after the fact.
Folks can rant and rave all they want about what they think should happen...and carry on like banshees about the past. None of that matters. Bells cannot be unrung.
No one reading this blog cares about the truth, about the huge 'set-up' that the original order was....
That being said, at this juncture, and irrespective of the past, how it came to be, or laying blame, it is time to petition the court for change. If the lower court balks, which is likely, it it time to take it both to the appelate level and into Federal Court.
I think that Mr. Jessop and his advisors, along wiht counsel, are on the right track!
The judge in this matter, nor the state have done nothing illegal!
If these folks want to take it to a higher court, that is their right.
I don't however see a higher court overruling what Judge Lindeberg or Mr Wisan has handled the trust.
They are going by the law. When a corporate trust is made, and abused by a trustee or person in charge. The courts then have a right to take over that trust.
11. The ''State-Ordained Bishop'' now plans to auction off land that has not only served as the breadbasket of our community, but also is the site of a prophetic vision to build a Holy Temple. We ask this Court to stop this sale and hear our claims.
Hahaha. The FLDS must think the rest of the world is retarded. This “breadbasket” has never been used to grow anything but animal feed and they stopped farming the site before Bruce Wisan took over the management of the trust. Also, there is nothing in FLDS doctrine that claims the site to be sacred. That claim was made by Joseph Musser and the FLDS do not recognize any of his teachings as doctrine.
For those of you who refuse to study the truth of documents. Here is one from the court.
(Pgs 1-2)"The Court takes judicial notice of the Trustee's failure to defend the tort actions filed in the Third Judicial District. The Court also takes judicial notice of the Fraudulent Transfer Complaint filed in the Fifth District Court against the Trust. The Court has also reviewed the affidavit by Richard Holm indicating the current pattern of liquidation of the Trust assets at below market value inconsistent with the donor's intent…"
"the refusal of the current Trustees to defend the Trust and to stop the current liquidation of Trust assets justifies the relief requested by the Petitioner" (Utah AG).
40. Berry Knoll Farm also has deep religious and historical significance for me and my fellow Association members. We believe that the location of a temple site is divinely revealed to Church leaders, and that as a result of a specific prophecy Berry Knoll is a sacred site upon which a temple will be constructed, even if the Church leadership is ''scattered,'' so long as they remain faithful.
Oh really Mr Jessop? Since when? April this year? Where were YOU 5yrs ago?
PUNY Said (3:28 PM):
Hahaha. The FLDS must think the rest of the world is retarded. This “breadbasket” has never been used to grow anything but animal feed and they stopped farming the site before Bruce Wisan took over the management of the trust. Also, there is nothing in FLDS doctrine that claims the site to be sacred. That claim was made by Joseph Musser and the FLDS do not recognize any of his teachings as doctrine.
REPLY: The whole Western Hemisphere is Zion. It is about to be taken over by the Lord: Not just Berry Knoll, Mojave County, the state of Arizona, and the whole USA, but the entire Western Hemisphere. With the abomination of desolation upon you, promised in Revelation, it won't be long now. Bye and bye. Indeed, the sweeping has already begun.
The saints are therefore not in much of a fuss over it, although the Lord requires the powers that be to be petitioned, that they may be left without excuse as God continues to sweep the land clean.
harley said: "The judge in this matter, nor the state have done nothing illegal!"
Hitler nor the German government did anything 'illegal' either, but did that make it right just because it wasn't 'illegal' at the time?
Personally, I think we should make horrific grammar illegal. And perse...uh...oops..I meant prosecute the heck out of offenders.....
Cheese
After what hilter did. The international tribunal held trials for those involved in Hitler's genocide.
Do yourself a favor and look it up.
The hitler of today is Warren Jeffs and the leaders of Flds.
How did hilter accomplish what he did? He started with indoctrinating children to his way of thinking.
How many Flds have been taken to gas chambers and been put to death?
How many Lampshades are made out of human flesh from Flds bodies?
Buddy, you don't know what the hell your talking about!
By the way Cheeseroid YES genocide was illegal when Hitler reigned. Eastern Europe knew it was happening. USA asked if help was needed, but Eastern Europe said, they could handle it. Well, guess what buddy? They couldn't and finally asked USA to help. To little to late!
Harley--- Have you been in bed with Laurie?
Why do you persecute people who have done NOTHING wrong. The judge knew that the trust cannot be sued legally She is the one who should have protected it. This was a hostile take over of a trust. 90% or more of the people opposed it. But we don’t have a voice. We have the queen of the crick and we do not even get to vote for or against her. Wisen has done absolutely nothing for us. We have always paid our taxes. The only time they were even a little late is when “They” got in the way. He is now trying to do exactly what “They” claimed we were going to do. Liquidate the trust? There whole purpose is to destroy the FLDS. Warren Jeffs is innocent and in jail because of religious persecution.
I do not think any person can say what the exact outcome of this trust mess will be. The overall summary of what I've read on it indicates the state took over the trust by saying the trustees were not managing it properly. The state's "SOB" then changed the rules of how that trust was supposed to be managed.
Unless the FLDS can recover any losses from the state somehow, in future claims possibly, the general outcome looks like the state's "SOB" crew (including the attorneys working for the trust) will milk the trust dry of any equity in properties NOT presently occupied as residential units by the FLDS members.
If they go after those residential units, I'd anticipate the residents will all have some legal claim of an interest in the properties they occupy. It's possible those residents will have to acquire debt on the properties, which they may hold claim to, just to keep them.
That "future claims possibity" I mentioned the FLDS members MAY seek could become a big factor. The present trustees are the experts in which the state assigned the duties of looking out for the interests of ALL members in the trust.
This process looks to be transforming into a circular mess in itself. The present trustees took control of that trust using claims the former trustees did NOT properly care for the interest in that trust held by ALL its members, so it may go full circle and show the present trustees did not do such either.
What did the members of that trust have before the state took over, what will they end up with, and
who is to blame for losses?
The bigger question may then be; Did the State of Utah cover it's azz?
The state took the trust over because Assets were being sold off by Warren Jeffs. Then lawsuits were filed against UEP and there was NO one to protect it from lawsuits.
You all seem to forget, this trust was NOT protected from anything, the way it was written.
The members own NADA!!
It is all owned by the Trust ie Warren Jeffs!
It doesn't take a rocket scientist or a 10yr old to realize Warren Jeffs and his bandof merry bishops were stealing their money, stealing their homes. Homes that took some years to build, only to have some wanna be Joseph Smith move them out to put someone else's family in it.
The trust was illegal the way it was written.
yuttehay
YES the trust could be sued the way it was written before the trust was taken over by the state.
A trust is made up of trustees. Oops forgot, the trustees in this trust had no authority. Warren Jeffs could do whatever he wanted, and did.
Funny thing when you read the filed document from Harker's about Berry Knoll, you find Berry Knoll was going into old warren's PERSONAL trust, but was told it would remain in Harker name!
Would you call that a lie by Warren Jeffs? I certainly would.
It went right in the trust and Harker's no longer Owned squat!
By the way KDP the "SOB" is sitting in a jail cell. I have to give it to warren though. You can't hold a person hostage if they own anything. You have no power over people with assets. But you feed them fear, and take use threats of excommunication, losing thier families, oh yeah that works.
yutthehay said...
"The judge knew that the trust cannot be sued legally She is the one who should have protected it."
Hahahahahaha (gasp) hahaha
I never cease to be amazed at all the FLDS and/or FLDS supporters who want to tell everyone else what the law is and how to interpret the Constitution. Oddly enough, with very few exceptions, these people seem to have NO experience in either the law or in interpreting the Constituion. In fact, for the most part, they seem to simply regurgitate whatever the FLDS leadership has told them is right. But then, I'm no expert on the law or the Constitution either.
Rebeckah FLDS dont beleive in law! They beleive they can do whatever they want and don't have to follow laws everyone else have to follow.
Ignorance of the Law is NO excuse!
They knew the law had changed in 2005. Every single parent male and female should be held accountable if they allowed an underage girl to be married.
"The state took the trust over because Assets were being sold off by Warren Jeffs"
Do you have any proof of this or just the heresay "might" that the apostates gave to the judge?
A religious and charitable trust cannot be sued because of a claim against a trustee, or one of the beneficiaries. Sorry, the trust can only be sued legitimately if the suit involves the trust. There were four lawsuits against the trust and not one of them was a claim against the trust, and thus frivilous.
Of course you also forget the four lawsuits were being financed by and endorsed by the very same people who were pushing and endorsing for the state to take over the trust because the trustees did not "defend" it from frivilous lawsuits.
When the judge removed Warren Jeffs as a trusteee, she also removed any connection between the trust and the lawsuits. They were not for houses, they were for for:
1. Brents filthy imaginary memory
2. Elissa's adultery coverup
3. The lost girls boys
4. Shems wrongful resignation
See anything to do with a property trust in those? O, it was the fictional dollar signs of the 110 million value that made the connection. And religious bigotry.
Pliggy
The people (lost boys) who sued reached a settlement with the court. They got LAND!!!
Rebeckah said...
I never cease to be amazed....
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Rebeckah, your more right than you know.the principals behind the uep, and what it represents, are the very antithesis of the bill of rights and the constitution.
Pliggy here is the court order issued July 22, 2005 READ IT!
http://www.azag.gov/press_releases/july/2005/UEPCourtOrder.pdf
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http://www.azag.gov/press_releases/
july/2005/UEPCourtOrderpdf.
But then, I'm no expert on the law or the Constitution either.
Well, since you can't even tell the Constitution from the Declaration of Independence, I'd say that's an understatement.
"The people (lost boys) who sued reached a settlement with the court. They got LAND!!!"
Harley, would they have gotten land if Wisan would have really defended the trust? Absolutely not.
Had not the court taken the trust away from the FLDS and gave it to the SOB, the apostates may have had a legitimate claim called "default", but that would have easily been overturned by a REAL court of law. The lawsuits were beyond frivolous, they were straight from hell.
Actually, Lucille, I do know the difference between the two, I was just too lazy to do my homework and look them up. And unlike some people, I don't try to define how they're to be interpreted. I don't have the twisty-turny lawyer mind required to do so. Apparently the FLDS feel they do.
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