Friday, June 26, 2009

I would like to thank the concerned

citizens of our community who attended the most recent Lake Don Pedro Owner's Association Board meeting. I believe those in attendance were unified in their displeasure with this Board's decision to engage in their mean-spirited attack against fellow property owner Tom Porter. It was extremely humbling to see our community rally to the defense of Tom Porter and myself over many years of attacks by Bill Kinsella and Lew Richardson.

I have attempted not to publicly defend my good name and reputation under constant attacks by Bill Kinsella, Lew Richardson, and the "innocent couple," as Lew refers to them, who have gone to extraordinary lengths to destroy my family's dream of building our home. This couple is far from innocent. They have sued Mariposa County, Tom Porter, and myself over the validity of a driveway easement that has been recorded with the County of Mariposa for over thirty-five years.

They accepted a large cash settlement from their Title Company for failure to disclose this same easement when they purchased their home. They purchased the lot next door while fully aware of the easement. After accusing my construction superintendent of "trespassing" and informing him that "he had a license to pack a gun in seven states," I went to meet my new neighbor. We had a cordial discussion, and I assured him that his Title Company would not have paid him a large cash settlement if my easement was not valid.

My then ten-year-old daughter and I were invited to their home on numerous occasions. There, we shared our dream of building our home and our sincere happiness that this nice, retired couple were going to be our neighbors. This friendship continued for one year, until I discovered a locked gate across my driveway easement, denying my septic contractor and myself access to my ongoing construction project. When I called my friend, he said "to call his lawyer."

This "innocent couple" has entangled me in tens of thousands of dollars in attorney fees, locked me off of a recorded easement for three years, and have managed to drag this frivolous lawsuit on for over seven years.

The case is now over. The California Supreme Court denied their final appeal in my case. The only thing left to decide are the damages this couple promised the court were available to me for the "cost increases in my construction, and for the nonuse of my property." It will be interesting to see if this "innocent couple" will honor their promise to the Court, and to what value they place on destroying my family's dream to build our home for over seven years.

Their most recent behavior in hosting the First Annual Save Our Pedestrian-Equestrian Trail rally on their property with the help of their good friends and co-hosts, Bill Kinsella and Lew Richardson, in which they posted a bulletin board full of lies, smearing my good name does not bode well for their character.

Our Association Vice President, Bill Kinsella, has been accusing me of "using an illegal easement to access my property, and of violating the C.C. and R's." Bill Kinsella was instrumental in the Association, denying my application to install a County-approved septic system on my property for over one year because, according to Bill, "the easement I was using to access my construction site had not been approved." A simple call to the Mariposa County recorder would have confirmed to Bill that my driveway easement had been recorded in the official records of Mariposa County for thirty-five years.

Our Association Secretary, Lew Richardson, had made it his life's work to slander and vilify both Mr. Porter and myself because of his friendship with this "innocent couple," and his willful disregard for the truth. Now our Association Vice President, Bill Kinsella, and our Association Secretary, Lew Richardson, proudly announce that there will be more "Save Our Pedestrian-Equestrian Trail rallies in the future," and that they will be hosted and funded by our own Association.

My family has endured over seven years of being entangled in this frivolous lawsuit, and having our dream of building our home held hostage. Now that the lawsuit has been found to have no merit, I am still attacked by Bill Kinsella and Lew Richardson for somehow manipulating the system and buying justice. Please support the concerned citizens of our community in our effort to recall these rogue board members and their supporters.

Respectfully yours,
Harry Alfier