Thursday, December 10, 2009

McKay Family vs The Wilderness Club. The Montana Courts Dish Out another attack on Civil Rights, Privacy Violations and Stand with Big Money and Clout

a Bit the Latest Court Ruling Against the McKay Family and for the Multi-Million Dollar Big Bully Resort the Ruined their Life, Ruined their Equity and more...
Remember in 2006 when we talked about the Horrible Harassment's of the Wilderness Club Resort against one Family in Eureka Montana who had lived here long - long before the Wilderness Club decided to make Eureka Montana their home. This family created a life, they had a peaceful home, a couple horse, was quietly raising their kids and had worked for decades to create a life.

Along comes the Wilderness Club Resort, the Norcal Group, Nick Faldo, and a Local Realtor who owned a large chunk of land and Lodge with investors out of Japan. Money started flowing, trees started falling, and HUGE amounts of water started flowing. With these Rich Golf Greens, and Amazing amount of Groundwater usage came the need for Fertilizer, for Lawn Mowers, for lots of Commercial Equipment to keep this look up in order to attract the Elite, the Big Names in Golf, the Oil Money, the Actors and all who were a being seduced to by land for $750,000 an acre in the Wilderness Club Resort.

So there was a need for a Large Commercial Building and it needed to be far away so that the Residence of the Wilderness Club Resort in Eureka Montana would not have to see the Building, Smell the HUGE amount of Fertilizer or be exposed to the Intense Noise and Lights of it all. So the Wilderness Club Resort chose to put this HUGE building to the back of the resort on a parcel of land that was just outside of the Wilderness Club Resort Development. This land bordered the resort but was in the Koocanusa Estates Subdivision.

This land was in a subdivision with restrictive covenant, covenants in which the landowners had obeyed even to the loss of their own business and to their hardship, still they obeyed the covenants for a VERY long time. Then this above the Law - Big Bully Resort pushes their way in, builds what they want, violates the covenants and no one can do anything. Koocanusa Estates landowners had meetings about it, they complained about it and no one cared.

This obnoxious, toxic building that violated the covenants was placed right next to one family the McKay family that had lived in the subdivision and had made a life there, it ruined their way of life forever and began an all out war that took more then money.

The McKay Family Spoke up right away, reached out for help right away and well they got very little support and certainly no justice. In the beginning the Wilderness Club was told to STOP construction, a judge ordered them to STOP all construction, and well they violated this and once again were above the law. They kept building almost as if they knew nothing would ever be done, they would never be held accountable, and they would never have to remove the building.

In the Beginning, Koocanusa Estate owners asked many questions of water, well issues and were constantly reassured by the Wilderness Club owners, and people who spoke for them. In the summer of 2006 people were already experience rocks coming up in the wells and other water issues. They were promised that if their wells went dry that the Wilderness Club Resort would drill them a new one. One Contractor told me that the state data for the Wilderness Club Subdivision came from a different aquifer then the one the resort is using.

There is definitely alot of water used to keep that property green year round for a very few people. And this DOES affect the neighborhood, many have lost water pressure and this is a real threat to water issues in that area. Not to mention the HUGE amount of fertilizer going into the Lake Koocanusa ground shed.

The Residence complained about the noise, the Covenant violations and none were heard.

Now Magnify the intens Light 24 hours Issue, the Fertilizer Toxins - Fumes and Poisons - the Noise - the Dust - and the Covenant Violations and bring it right up to your bedroom window, bring it right on in to your horses barn, see those HUGE lights in your horses eyes all night, watch your dogs suffer from being shot, your home broke into and the fight of your life all because you wanted Big Money to have to follow the same Laws, the Same Covenants, the Same Civil Rights that you adhere to. You speak up for your rights as your life has become a toxic living hell, a constant fight and your life is changed forever, you have not the money to move and you have to suffer through all this.

Once you Speak up the War is on bigger then you could have imagined as the workers, the guards, the Resort - all launch a constant harassment attack on you, your family, your dogs, your horses and all because you asked for dignity and respect and you asked the Big Money obey the Same Laws and Decent Respect that you yourself obey.

Meanwhile your land is stripped of trees and an Easement out of no where is forced on you, and the Realtor involved with your Original Sale, is the one giving the orders to not only cut down your trees but to take them, and the revenue along with it. Your life lay in ruins, you stand up and fight and you get the Montana Court System Smack down.

You Finally get a jury trial and over a million dollars awarded in punitive, then a local judge overturns the Million dollars, and leaves intact the value of your house at the time of $350,000, the Wilderness Club attorney VERY - VERY connected to the Realtor who is really behind all this damage done to you, well they vow to get this overturned and well, a year later they do in the Montana Supreme Court. Your rights violated and no one cares.

Most Montanans have given up on getting justice, giving up on the Truth meaning anything and the violation of property rights, well I get emails on that issue all the time. You simply have no rights. You have to do what the Money and Politics of your area says you will do. There is nothing you can do about it in the Reality of Real Estate.

The McKay family complained and fought for their right as soon as possible, yet media outlets and court writings seem to say they let this go on and said nothing, therefore they have no rights.. and this is Simply Not True.

Remember when this ion Dollar Dollar judgement by Jury trial was overturned? I mean as I said then why waste the tax payers money on a Jury Trial if a Judge can overturn it. Why not let the Judge make the Decision in the First Place?

Laws Simply Cannot Be Enforced. One tends to give up completely on even trying, however, that should not stop the compassion for standing up for the McKay Family who have taken this disgraceful abuse by the Hands of Nick Faldo, the Wilderness Club LLC and all involved with letting this happen or standing by and doing nothing.

Those Who Know me know that Blogging about the McKays Harassment, Bullying, Civil Rights Violations, Real Estate Rights Taken and quality of life was my first real blog topic when it comes to Eureka Montana.

You see at that time in 2006 I had just really began Internet Marketing. And all the local hype was about the Wilderness Club and how great they were. Being a Real Estate Broker Owner I Began to Market local golf property on my sites, was one of those sites. I had Positive information on the site about the Wilderness Club, talking about the resort, about press releases and well it was ALL positive.

However, because I came up higher in the Search Engines then they did, and without embracing that by emailing me and saying great job here is more information on us or anything at all from them to contact me in a friendly manner, they simply sent me a Cease and Desist letter stop talking about them.

My words were positive even though at the time I was hearing alot of negative stories, and so their attack on me for my Positive Site, well with that I decided to go ahead and write about the issues that people were telling me about. And a week or so later I got calls and emails from the residence in the Koocanusa Estates Community telling me of their concerns with the Wilderness Club.

I went and visited the site, took photos, and talked with many residence, this Story is very real, it has been going on for years and another case of Montana Locals having no rights over the Bullying of Realtors - their Clout or the Big Money of Resorts that move into Montana Communities and violate property rights.

The Story changes over time as these things go, however at the time many neighbors emailed me and many felt violated. The dust, the noise the harassment was unbearable for many in the Koocanusa Estates Subdivision. The building of the Wilderness Club Resort disturbed the quality of life of many, especially the McKay family who who were constantly harassed deliberate harassing lights pointed at their home 24 hours a day, 24 hour noise from HUGE generators, truck noise right next to their home oftentimes exaggerated as the war between the Wilderness Club and those Demanding their Right, their Quality of Life and the Civil rights... were harassed to unspeakable levels.

The Wilderness Club caved in the McKays Property by coming right up to the boundary and beyond the flagging, this caved in roads they used on their property and it caved in their horse area and the way they drove to take them hay. This was VERY bad, I have some photos I may share later.

In the Montana Court System at every level, the Wilderness Club continues to win as did WR Grace, however that does not change the the Truth, that Does not change the facts of what has happened. And I want you Know the Truth, just because theMcKays lost in the Court System does not mean that they are not telling the Truth, the whole truth and nothing but, because they are. The Truth is the Truth regardless of the Million Dollar Court system smack down. The people affected by this are real, the neighborhood suffering is real. And the Wilderness Club is above the law.

Tungsten Holdings violates Property Rights of Land Owners all the time, they use the Montana Court system to do it, they get your land cheap and force easements through other peoples properties. I get stories often of how Tungsten Holdings harasses and takes advantages of people, they could not do this if there was Consumer Protection in Real Estate or if the Montana Court System better protected the Rights of Land owner.

Since the Wilderness Club harassing the McKay Family, Stealing Trees, Violating their Property Rights.. well I have seen the inside of other lawsuits within the real estate courts and so with this there really was no doubt that the McKays would lose, the attorneys all know each other and the court system is all inner connected, the Realtors Clout and the Relationship between the attorneys and the Realtors is VERY anti-consumer and bad for real estate, add that to local political clout and fiduciary interest in the property the Wilderness Club is on and long term "in money" and you have the perfect storm to keep smacking down folks like the McKay Family. Nothing you can do, however, you do deserve to know the real story of all this.

The law and the truth is not a factor in these cases, it is Opinion and who you know. And when you have a Realtor that is connected to everyone in the County, as well as a Top Name in Golf, and lots of money - well the Truth - Who Cares about That. The Realtor involved in this did request the removal of the trees, did lie to the landowners, and did tell them there was nothing they could do about it. You see the Realtor is a Name, he has money, clout, land and the works so who would believe the McKays. They just don't talk the part, they don't dress the part and well for some that means they don't have any rights they don't matter and will not be protected. I got their story heard years ago and will continue to tell you new developments as you have a right to know what is really going on.

The Wilderness Club, including Nick Faldo claimed that they did not know about the issues, the slash pile, the trees being cut.. at the time all of this was happening and well soon after this all came up, their was a photo of them in their own media that showed Nick and Barry standing near the Slash Pile in front of the McKays House.

After the WR Grace Trial, What I have Witnessed with Real Estate Rights in Montana Real Estate Lawsuits, and all I have seen over the last 3 years it is No Real Surprise that the Montana Supreme Court overturned the last of the McKay Settlement. You have no Real Estate Right, Property Rights in Montana. I mean look at the times now with 40 to 60 percent loss in home values, short sales and foreclosures everywhere and property assessment and thereby property taxes going up. The State of Montana has no interest in your Property Rights, read the lawsuits, look at the violations your being Served up.

And most of the Real Estate Cases that are this bad, well you never see them because the E and O insurance of the "Realtors" and the Corruption - Payoffs - Affiliations among real estate attorneys forces the Real Estate Victims to settle after years of fighting and then makes them sign paperwork that they will not talk about all this, so the Real Estate Consumer, the Taxpayers out there, well you don't know what is really going on because the story never gets told.

So the Moxy of the McKay family is Exposing the Corruption and Injustice in the Montana Court System that is Stripping You all of your Property Rights, your Civil Rights is something to be commended. I am proud of the McKay family for Standing against this tyranny and being bold enough to go to court after court after they keep getting lied to, lied about, shut down, and put in their place and on top of all that they Lose !!! again and again.

In cases such as these, the justice system basically asks of you just sit down and shut up, and when you do then other victims to be and victims past, well they are silenced right along with you. Tell the Truth folks, Don't Let the Lies Win.

There is nothing you can do about it. Odds are you won't win, that is just the constant war against the real estate consumer, you have no rights. Really, companies Like Tungsten Holdings can bully you, force easements and the courts protect them. Big Resorts come in and ruin the quality of life of residence that lived in the area for decades and NOTHING can be done.

However, telling the Story helps those suffering in silence, the real estate victims out there not being heard, being smacked down and having no one in their corner.

These real estate wars, and lawsuits ruin lives, and when your in the right, have all the proof and get constantly betrayed, lied about, and made to look as a fool - well this takes your health, your home, your mind, your family, your marriage and causes unthinkable damage.

The Wilderness Club even has New Founders, new Owners right? I mean the websites used to talk about Norcal Group, Faldo Design, Schmidt-Curley Design and the other players on my Original Site . And now site claims that the owners and founders are Susan and Jim Banister, guess I just missed their name back then. Have they been there all along, did they condone this ruining of the lives of this innocent Family. Did Susan and Jim Banister even know the True Story or did they buy the lies told to them. Does Susan Banister and Jim Banister care about what has been endured by this family at the hands of the Wilderness Club and the Realtor who ran them over? Is there no sense of decency or morals at the Wilderness Club Montana?

So many rumors have circulated around this case one is of the issue of the Connection between the judge and the attorney. Probably not true, however, is it time for the McKay family to get a new attorney? I mean back then it was said that the Attorney had her home threatened by and she herself was noted as not denying the stories of possibly threats from the Wilderness Club.

Since this time also there have been lawsuits with Tree Companies in Idaho, and controversy of Illegal Immigrants and other issues with the Wilderness Club Resort, still above the Law. They think that people would love to live in a place that has done this to people. A lovely vacation in beautiful Northwest Montana at the Expense of How Many.

What do they say when clients or buyers ask about all this, do they say I am lying, the McKays are just trying to get money, all the other victims are lying? I mean how does the Wilderness Club Montana justify the Injustice, the Cruelty they have dished for years onto this family?

Well I am writing on this Now again, because the Last of the Montana McKay - Supreme Court Smackdown hit the Courts Last Week as the McKay family lost the last of it.

The McKay family is reported as to plan to keep going on this fight for justice, though so far they have been stopped at every important juncture.

Now it seems the courts are saying the Wilderness Club had an easement, well the easement they claim is something to really be examined, and in that note when you look at google earth and some of the old roads that show up there it makes you wonder why doesn't the public have a right to drive through that property in many locations, why is there one easement forced, trees stolen, privacy lost and this is all legal and just yet all the other roads in that area .. well they just don't exist.

It is all about deals in back alleys, big money - the Total Lack of Concern or Integrity by the Wilderness Club Resort in Eureka Montana and the undeniable fact that Property Owners have NO Rights, no matter how much proof they have - Affiliations, Insurance, Big Companies, Realtors, Politics - that is what matters. .. You Lose !!!
What is Right is Right
and What is Wrong is Wrong.
The Wilderness Club Montana Resort in Eureka Montana is on the Wrong Side of the Moral Compass on this One and No One Seems to Care or really be able to do anything. There is no accountability in site and a Win after a Win in the Montana Courts.
Our News by the People for the People News Network,
our Truth Telling Internet News Sites, Our Montana
News Network, Our Real Estate Whistleblower Network
and All who Do Support What We Do....
Well We Stand by the Truth and We Stand Behind the McKay Family Forever. The McKay family is telling the Truth, it did happen just they way they say and just because you do not believe it or the courts knock it down does not mean that it is not True.
Bless You Craig McKay and Lisa McKay.
Bless all of you terrorized by the Wilderness Club Resort in Eureka Montana.
Shame on the Wilderness Club Montana and all who participated in the Ruining of the Life the McKay Family Once Had.

Crystal L. Cox
montana real estate
Nick Faldo News
Montana Wilderness Club Golf Resorty

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