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Thread: EarthQuest Institute Fraud Continues / Don Allen Holbrook CEO

  1. #51
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    re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    Quote Originally Posted by pantherdadX2 View Post
    Seeing as though Holbrook and Co. decided to pitch their tents and camp out at the 1-yard line for over 2 yrs. now ,waiting for an investor, could someone remind them to take out the garbage, it's really starting to stink around here..........signed....a concerned Caney Creek area resident.
    Here is Dinosaur City before Holbrook blew it up into Dreamquest and started milking it for all it was worth:

    Dinosaur City plans to roar into Texas in 2008 - USATODAY.com

    Note Judge Sadler gave a positive review in the AP article. Quite different than the take he has on the Holbrook version of this dino disaster:

    Earthquest: Sinkhole for residents

    Sadler is cautioning McCrady about his role in continuing to fire the hopes of East County residents and business owners over the promise of EarthQuest. “Having been a department head of real estate at a major Houston bank for 12 years, I have always been supportive of this project, yet skeptical of its viability for a number of reasons,” Sadler wrote in a letter Wednesday to McCrady.

    “There has never been a lender, bank, investment banker or the like who has stepped up to the plate to fund this project. To the best of my knowledge, there has never been an individual or corporation with the ‘credit’ or financial statement to make a project of this scope and size become a reality.

    “In short, the entirety of this project has been nothing but photos, renderings and dreams funded with taxpayer dollars.”

    Sadler concludes his letter by advising McCrady “that I would not continue advocating this project or addressing the media that ‘this project will happen’ unless and until the above two questions can be answered with clarity and with certain assurances.”

    EarthQuest is “busted,” Sadler said. “I’ve been following this for five years; I could have written this a year ago. Hell, enough is enough. It’s unbelievable.”

    Sadler said he also has advised McCrady to quit spending money on EarthQuest until an investment banker steps forward.
    He also has sent some information regarding EarthQuest to the Montgomery County District Attorney’s Office, he said.

    “Anytime something is brought to the attention of the Texas Rangers or the Public Integrity Division of the District Attorney’s Office, this office has a duty to investigate,” District Attorney Brett Ligon said about EarthQuest and EMCID’s involvement. “We have been receiving information from not only the county judge but other members of the community regarding what they believe is conduct considered to be questionable.”

    Sadler has not personally given any money to EarthQuest, and said the county has only “informally” supported the project.
    But in 2009, county commissioners agreed to consider a tax abatement for EarthQuest, The Courier previously reported.

    The EarthQuest Institute is meant to be a “leading edge” learning center “focused on how we can live and prosper in a responsible, efficient and environmentally balanced manner,” according to the EarthQuest Institute website.

    The website also states that it is located at the same address as the EMCID offices on U.S. 59. Leon Cubillas, who serves as EMCID board president, also is board president for the EarthQuest Institute.
    Sadler believes that to be a “huge” conflict of interest, but McCrady disagrees.

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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    July 11-13, 2010
    National Rural Economic Developers Association
    Keynote Speaker: Annual Conference
    Portland, OR
    http://www.nreda.org/core/contentman...s_Sponsors.pdf
    Dr. Matthew Gardner, Sustainserv, Inc., Boston, MA
    Dr. Matthew Gardner is Director of Sustainserv, Inc., a Boston Massachusetts and Zurich
    Switzerland based firm that works with the world’s leading companies to help them design and
    implement corporate sustainability strategies. Matt’s work takes him around the world to lecture,
    teach and work with organizations that are interested in exploring how the current environmental,
    social and economic challenges faced by the world can be turned into positive growth opportunities
    for companies, society and the planet. His expertise is in corporate sustainability, green community
    planning and development, life cycle analysis, and environmental education. Matt earned his
    bachelor’s degree in chemistry from Havorford College, and his doctorate in chemistry from
    Michigan State University. He spent ten years at Massachusetts Institute of Technology, including
    five years as the Executive Director of the Earth System Initiative, an environmental research program. Matt sits on the
    advisory board of several not-for-profit organizations and is currently the Chief Science Officer for the EarthQuest
    Institute, a new non-profit venture, affiliated with the planned EarthQuest Adventures Theme Park, slated for construction
    in New Caney, Texas.

    Don Holbrook, CEcD, The Vercitas Group
    Don Holbrook spent 17 years at the CEO level of Economic Development Organizational
    leadership and or the past five years has been engaged in his own global site location practice
    focused on Destination Entertainment Attraction projects such as Theme Parks, Resort Hotels,
    Casino Resorts,Waterparks, Thematic Retail and Family oriented venues as well as Sports
    complexes. He is the lead consultant currently on the largest and first Green Theme Park in
    Greater Houston TX.
    His work in conjunction with sustainable practices and clean technology
    along these lines as created a unique blend of practical and affordable considerations for
    Greening the Economic Development business attraction industry. Holbrook has worked on over
    100 projects in his 20+ year career. These projects have created over 50,000 jobs and resulted in
    billions of dollars of capital investment into local economies. He is currently a board member of the
    International Economic Development Council (IEDC) and he is a certified Economic Developer and a recognized Fellow
    Member of IEDC. Holbrook has authored two books on economic development, including his still best selling first book,
    "The Little Black Book of Economic Development," and "Who Moved My Smokestack?" which was released in 2008. He
    has a third book coming out this fall, "The Next America...an inconvenient economy!" Dr. Gardner and Holbrook are cowriting
    a book currently on "Greening Economic Development- Attracting Responsible Corporations to Sustainable
    Communities."
    Blah, Blah , blah.... I would bet as Dr. Gardner has left the Earthquest Institute that paid Don Holbrook a samll fortune and was left bankrupt, he is not writing any book with that clown. I don't think Holbrook will be able to hang on to the good docs coattails any longer!

  3. #53
    pantherdadX2 is offline Senior Member
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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    Like I've said before Soapboxmom, no one has moved this smokestack. It's attached to his neck, located right above his chin and below his upper lip. The only future economic development trend I and others seen in EMC was corporate welfare by the EMCID, funded by FUTURE tax revenue. Word has it the John and Jane Does are about to bestow a new titlle on Don through the IILL (International Institute of Lower Learning), LOM, (Legend in his Own Mind)

  4. #54
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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    Word has it the IILL (International Institute of Lower Learning) has had to commission an additional artist to carve the nose on the wooden statue honoring the Lord and Supreme Master of the Internet. Dr. Paul Bunyon will be working with the original artist, Dr. Geppetto, as Dr. Geppetto has no experience working with California Giant Redwoods.

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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    Quote Originally Posted by pantherdadX2
    Word has it the IILL (International Institute of Lower Learning) has had to commission an additional artist to carve the nose on the wooden statue honoring the Lord and Supreme Master of the Internet.
    I wonder how he's going to do it.

    He must be going to do some sort of telescopic arrangement to allow for future growth in the length of said nose.

    The only thing necessary for the triumph of evil is for good men to do nothing

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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    I just released my latest book, “The Art of the Deal Today,” which is based on my most popular speaking platform that has been in great demand since the 2008 Global Financial Crisis. You can purchase it on Amazon and Kindle.

    Don Allen Holbrook was hired in 2007 to:
    EAST MONTGOMERY COUNTY IMPROVEMENT DISTRICT / Directors approve contracts / Contract OK'd for theme park consultant 11/29/2007 | Archives | Chron.com - Houston Chronicle
    The directors will retain Don Holbrook and the Vercitas Group for consulting services in connection with the for-profit theme park portion of the Earth Quest project.

    Under the terms of the $25,000 contract, Holbrook will provide the district with outside consulting services connected with securing financing and investors, said Frank McCrady, EMCID president and CEO.

    "We want to make sure he stays with the project and makes the presentations," said McCrady.
    Holbrook has already been working with the project's promoters, founders and the district and was actively involved in the process that selected the site of the Earth Quest venture.
    The Earthquest Institute had $600,000.00 paid in professional services and most of that was probably to the professional fundraisers that were from Holbrook's former company (Stellar) that had bailed with him and formed their own group (Sage). Holbrook's gang raised very little of the 1.4 million that the charity got in funding. 1.1 million of that was tax dollars thrown at that Titanic by the East Montgomery County Improvement District. Holbrook raked in $328,000.00 at a ludicrous $185 dollars an hour before the whole mess imploded with no charitable work accomplished.

    So both the Earthquest Institute and the for-profit theme park are just visions on paper and I am told are very unlikely to be funded. Holbrook has two colossal failures. So, why spend a penny on that book??

    Soapboxmom

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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    I assume this case has Holbroook and his attorney all lathered up:
    Ohio Supreme Court Finds Personal Jurisdiction Over Out-of-State Internet Poster


    Ohio Supreme Court Finds Personal Jurisdiction Over Out-of-State Internet Poster

    Tuesday, July 06, 2010

    Litigation
    Ohio Supreme Court Finds Personal Jurisdiction Over Out-of-State Internet Poster
    Kauffman Racing Equipment, L.L.C. v. Roberts, 2010-Ohio-2551 (June 10, 2010)

    In a recent 4-2 decision*, the Ohio Supreme Court held that an Ohio court may exercise personal jurisdiction over a nonresident who makes comments on the Internet concerning an Ohio resident with the intent to cause harm.
    The Case
    The plaintiff, Kauffman Racing Equipment, L.L.C. (Kauffman), an Ohio limited liability company, manufactures engine blocks and other high-performance automobile equipment. The defendant, Scott Roberts (Roberts) is a Virginia resident who had never physically entered Ohio. Roberts purchased a Pontiac engine block from Kauffman's website, and later requested a refund, claiming that the block was defective. Kauffman found that substantial alterations were made to the block and refused to refund Roberts. Roberts subsequently made numerous postings to websites related to the automobile racing industry. Roberts's postings asserted that the block was "junk" and indicated his explicit desire to extract revenge upon Kauffman through his posts.

    After receiving inquiries about the comments from at least five Ohio residents, Kauffman sued Roberts in Knox County Common Pleas Court alleging defamation and intentional interference with contracts and business relationships. The trial court dismissed the action for lack of personal jurisdiction. The Fifth District Court of Appeals reversed and held that the trial court had personal jurisdiction over Roberts.
    The Ohio Supreme Court accepted Roberts's appeal to determine "whether an Ohio court can properly assert personal jurisdiction over a nonresident defendant when jurisdiction is predicated on that defendant's publication of allegedly defamatory statements on the Internet." The Court applied the two-pronged Ohio personal jurisdiction test, examining:

    • whether the long-arm statute and applicable rule of civil procedure confer jurisdiction, and, if so;
    • whether the exercise of jurisdiction would deprive the nonresident defendant of due process under the Fourteenth Amendment to the United States Constitution.

    The Findings
    The Court found that personal jurisdiction would be proper pursuant to R.C. § 2307.382(A)(3) and Civil Rule 4.3(A)(6), which allow jurisdiction and service of process over a nonresident who causes "tortious injury by an act or omission in this state." Roberts argued that he did not direct the allegedly tortious statements to Ohio or publish them in the state. But the Court analogized to a previous case in which it held that sending a letter to an Ohio resident was sufficient to confer jurisdiction in a defamation action. Fallang v. Hickey, 40 Ohio St. 3d 106 (1988). Kauffmann had established that at least five Ohio residents saw Roberts's statements, which was sufficient to demonstrate that the comments were “published” in Ohio.
    The Court also found that even if Roberts had not published his statements within Ohio, R.C. § 2307.382(A)(6) and Civil Rule 4.3(A)(9) would subject him to personal jurisdiction. Those provisions allow jurisdiction over a person that causes "tortious injury in this state to any person by an act outside this state committed with the purpose of injuring persons, when he might reasonably have expected that some person would be injured thereby in this state." The Court found that Roberts's statements were made outside of Ohio with the purpose of injuring an Ohio resident and there was a reasonable expectation that the injury would occur in Ohio.
    The Court further found that exercising personal jurisdiction over Roberts did not violate his Fourteenth Amendment due process rights because Roberts made his postings with the intent of injuring an Ohio resident. To reach this finding, the Court applied a three-part test:

    • the defendant must purposefully avail himself of the privilege of acting in Ohio;
    • the cause of action must arise from the defendant's activities in Ohio; and
    • the acts or consequences of the defendant's acts must have a substantial enough connection with the forum state to make the exercise of jurisdiction over the defendant reasonable. Southern Machine Co. v. Mohasco Indus., Inc., 401 F.2d 374, 381 (6th Cir. 1968).

    As to the first prong of the test, the Court explained: "Roberts intended the effects of his conduct to be felt in Ohio. His statements were communicated with the very purpose of having their consequences felt by [Kauffman] in Ohio." The Court also noted that the posts were read by Ohio residents and that Roberts knew that Kauffman's business reputation was centered in Ohio. Roberts's comments also met the second prong because Kauffman's cause of action arose from the allegedly defamatory statements, which were based on Roberts's contacts with Ohio. Roberts's actions satisfied the third prong because the state's "legitimate interest in protecting the business interests of its citizens" made the exercise of jurisdiction over Roberts reasonable. The Court thus affirmed the exercise of jurisdiction over Roberts.
    The Impact
    The effects of Kauffman are difficult to predict. In a dissent joined by Justice Lanzinger, Justice O'Donnell critiqued the majority for "extend[ing] the personal jurisdiction of Ohio courts to cover any individual in any state who purchases a product from an Ohio company and posts a criticism of it on the Internet with the intent to damage the seller." The case appears to be limited to situations where the statement is made with the intent to injure. Time will tell whether the decision provides a route to relief for Ohio companies subject to attack from defamatory Internet postings originating outside of Ohio.
    There are all kinds of issues for Holbrook. He is not a resident of Ohio. And, his business and reputation clearly are not centered in Ohio. His business only registered as a foreign corporation on April 25, 2012, which is one day after Huber Heights filed suit. So, any allegedly tortious acts happened before he had any real presence in that state. And, as the city gave him the heave-ho on March 14, 2012 those statements Holbrook imagines must predate that. Holbrook has rambled endlessly about defamatory statements, but he doesn't seem to grasp those statements he is referring to are centered around the defunct Earthquest Institute, stalled Earthquest theme park project and a proposed project in Pahrump, Nevada. So, the statements Holbrook has been melting about are not targeting Ohio or about his business there in any way.

    None of those Holbrook sued could have had any intent or reasonable expectation of injuring anyone in Ohio by discussing matters of public concern related to their states of residence, which are Texas and Nevada. My comments are on the site I admin for, the Pahrump Valley Times and numerous sites devoted specifically to the area local to Earthquest such as the the:

    https://www.facebook.com/pages/Earth...n/240136904264

    Discussion about the New Caney Dino Park - Houston Dinosaur Park

    Roman Forest Online Message Board - Latest on Earthquest theme park

    Kingwood Underground - the heart and soul of our Kingwood, Texas family

    Fantasy Land - Page 1 - News - Houston - Houston Press




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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    2. Third-Party Defendant Heather Dobrott (“Dobrott”), upon information and belief,
    is a resident of Garland, Texas, which is located about 25 miles northeast of Dallas and about
    250 miles northwest of Houston, is also known by the user name “soapboxmom”, is the
    administrator of a website with the address www.realscam.com, regularly and frequently blogs,
    posts, re-posts, and posts links to defamatory, derogatory, and false statements on a variety of
    websites and blogs, including but not limited to defamatory, derogatory, and false statements
    about Don Allen Holbrook, LLC, at least since February 7, 2012, if not earlier, constituting
    cyber-stalking and cyber-harassment, including but not limited to,
    http://pvtimes.com/news/theme-park-c...by-ohio-town/;
    http://www.topix.com/wire/city/huber-heights-oh; http://www.topix.com/wire/city/pahrumpnv?
    q=u:pvtimes.com;
    http://blogs.houstonpress.com/hairba..._huber_heights.
    php; Discussion about the New Caney Dino Park - Houston Dinosaur Park and
    Kingwood Underground - the heart and soul of our Kingwood, Texas family, regularly and frequently posts
    links on “www.realscam.com” and other websites to postings and blogs written by Third-Party
    Defendant Frank Maurizio, Third-Party Defendant Craig Malisow, Third-Party Defendant
    Cynthia Calvert, and others that include defamatory, derogatory, and false statements about Don
    Allen Holbrook, LLC, in order that such postings exploit search engine optimization on websites
    such as Google and other search engine websites so that defamatory, derogatory, and false
    statements about Don Allen Holbrook, LLC, go “viral” and are listed at the beginning of any
    4
    search for “Don Allen Holbrook, LLC”, “Don Holbrook”, “Holbrook” or other variations on the
    name, on internet search engines and which postings have been seen and downloaded from the
    internet by persons residing in the State of Ohio....

    12. Upon information and belief, shortly after Malisow placed his telephone call on or
    about February 29, 2012, to Mr. Adams, persons either employed by the City or elected officials
    of the City, are believed to have conducted “internet research” on Don Allen Holbrook, LLC
    and, as a proximate result of the concerted action among Third-Party Defendants in posting and
    re-posting defamatory, derogatory, and false statements about Don Holbrook, causing them to
    “go viral” because of search engine optimization logarithms, persons either employed by the City
    or elected officials of the City found defamatory, derogatory, and false statements on the
    internet, including but not limited to defamatory statements (per se or per quod), by Dobrott,
    Maurizio, Malisow, Calvert, and possibly other unknown persons on the various websites
    9
    identified above, calling Don Allen Holbrook, LLC, a “scammer”, “scam artist”, “a work at
    home scam promotor”, “The Music Man” (making reference to Meredith Willson’s character
    “Harold Hill”, a confidence man, in the Broadway show, “The Music Man”), “selling bottles of
    magic water”, posting photos on websites allegedly showing “drunken dancing” on a table,
    “drunken antics”, “drunken soirees”, stating that Mr. Holbrook “misrepresented the [Houston
    Earthquest] project to folks in Pahrump [Nevada]”, stating that “expenses are downright
    criminal”, referring to “Holbrook and his flunkies”, stating “I am going to label this guy
    [Holbrook] nothing more than a self promoting and quite arrogant scammer”, and, upon
    information and belief, taking credit for ruining the business and reputation of Don Allen
    Holbrook, LLC on 03-30-2012 on www.realscam.com: “Pardon me, but Mr. Holbrook brags of
    that 100 projects worth billions that created 50,000 jobs, but has yet to name even one of these. I
    want a complete list so I can verify that he was responsible for these lofty accomplishments he
    brags of. His recent projects have been falling through. Earthquest is in bankruptcy and the
    charitable institute part of that project is defunct after Don Holbrook walked away with 33% of
    the almost 1 million raised. Other projects may well not go forward as his credentials and
    accomplishments are being investigated.” Emphasis added....

    26. Upon information and belief and sometime on or before February 29, 2012,
    defamatory, untrue, derogatory, and false statements about Don Allen Holbrook, LLC were
    posted by internet bloggers Dobrott, Maurizio, and articles were posted on the internet by
    Malisow and Calvert on various websites, including but not limited to realscam.com,
    pvtimes.com, houstonpress.com, ourtribune.com, and were re-posted to exploit search engine
    optimization logarithms to cause harm to Don Allen Holbrook, LLC....

    33. At a meeting on March 14, 2012 between Don Allen Holbrook, LLC and
    members of the City Staff, including Mayor Ron Fisher and Mark Campbell, a member of the
    City Council, Mr. Campbell said, without any warning to Don Allen Holbrook, LLC, that the
    City no longer wanted a relationship with Don Allen Holbrook, LLC, did not believe that the
    City had received any value for the monies paid, and demanded a full refund of all monies paid
    under the Agreement....

    COUNT ONE AGAINST ALL THIRD-PARTY DEFENDANTS:
    CIVIL CONSPIRACY

    COUNT TWO AGAINST ALL THIRD-PARTY DEFENDANTS:
    TORTIOUS INTERFERENCE WITH CONTRACT
    AND PROSPECTIVE BUSINESS RELATIONS

    COUNT THREE AGAINST ALL THIRD-PARTY DEFENDANTS:
    DEFAMATION (PER SE OR PER QUOD).......

    A. On Count One for Civil Conspiracy, Third-Party Plaintiff Don Allen Holbrook,
    LLC asks this Court to grant judgment in its favor and against all Third-Party Defendants,
    compensatory damages in favor of Third-Party Plaintiff Don Allen Holbrook, LLC in an amount
    in excess of $25,000.00 to be shown at trial, punitive damages in an amount in excess of
    $50,000.00 to be shown at trial, pre-judgment and post-judgment interest, its attorney’s fees and
    all costs of this action and the Complaint filed against it;
    B. On Count Two for Tortious Interference with Contractual Relations with the City,
    with Pahrump Nevada, and tortious interference with prospective business relations against all
    Third-Party Defendants, Third-Party Plaintiff Don Allen Holbrook, LLC asks this Court to grant
    judgment in its favor and against these Third-Party Defendants, compensatory damages in an
    amount in excess of $25,000.00 to be shown at trial, punitive damages in an amount in excess of
    $50,000.00 to be shown at trial, pre-judgment and post-judgment interest, its attorney’s fees and
    all costs of this action and the Complaint filed against it;
    C. On Count Three of the Third-Party Complaint for Defamation per se and/or per
    quod, Third-Party Plaintiff Don Allen Holbrook, LLC asks this Court to grant judgment in its
    favor and against all Third-Party Defendants, compensatory damages in an amount in excess of
    $25,000.00 to be shown at trial or if such statements are determined to be defamatory per quod,
    special damages in an amount in excess of $66,000.00 for any losses relating to the City, special
    damages in an amount in excess of $80,000.00 for any losses relating to a pending contract with
    Pahrump, Nevada, special damages in an amount in excess of $25,000.00 relating to any other
    losses that may be shown at trial relating to existing, pending and/or future losses of business
    with existing and/or prospective clients, compensatory damages to repair its reputation on the
    20
    internet in the approximate amount of $25,000.00 for the first year and approximately $8,000.00
    per year thereafter, to be shown at trial, punitive damages in an amount in excess of $50,000.00
    to be shown at trial, pre-judgment and post-judgment interest, its attorney’s fees and all costs of
    this action and the Complaint filed against it; and
    D. For such other legal and/or equitable relief this Court deems just and proper.
    Respectfully Submitted,
    s/Sue Seeberger
    Sue Seeberger (0059730)
    5975 Kentshire Drive, Suite D
    Dayton, Ohio 45440-4264
    Voice: (937) 291-8646
    Fax: (937) 291-8650
    sueseeberger@biegeltye
    It is time to be very clear on why I believe that Holbrook and his counsel are going to go down in flames.

    Of those websites listed that I am posting on, the only one I posted on before March 14th when the city told Holbrook his report was not acceptable and they wanted their money back was www.realscam.com. So, in relation to the alleged tortious intereference with the contract with the city, which is what the original case and this one must center on, there is page one of this thread. That is not going to cut it!

    Craig would have called on February 29th for information for his article. Full of questions and nothing more.

    Frank Maurizio wrote his Music Man series of blogs starting May of 2012. Craig Malisow's article about Earthquest hit the paper on April 11th, 2012 which is long after Huber Heights sent him packing!!!

    Cynthia Calvert and the Tribune had the following articles published before the March 14 blow-up:

    EarthQuest land in bankruptcy - Tuesday, January 10, 2012 - Copyright 2007 Ourtribune.com (no mention of Holbrook)

    EMCID may lose millions unless dino-project built - Tuesday, January 24, 2012 - Copyright 2007 Ourtribune.com (no mention of Holbrook)

    Court gives EarthQuest developer time to raise money, save project - Tuesday, February 07, 2012 - Copyright 2007 Ourtribune.com

    A Disneyland for gun lovers - Monday, February 20, 2012 - Copyright 2007 Ourtribune.com

    Where's the money? - Tuesday, February 21, 2012 - Copyright 2007 Ourtribune.com (no mention of Holbrook)

    Second dino-park in Jasper sunk by savvy officials - Tuesday, March 06, 2012 - Copyright 2007 Ourtribune.com (no mention of Holbrook)

    EarthQuest fees mount - Tuesday, March 06, 2012 - Copyright 2007 Ourtribune.com

    Crowd interested in recent EarthQuest revelations receive little formal update - Friday, March 09, 2012 - Copyright 2007 Ourtribune.com (no mention of Holbrook)

    So, the Ohioans would have been able to access those articles and the first page of this thread. Virtually all the numerous alleged defamatory comments Holbrook's attorney mentions were published long after the city sent him packing. And, as they are all truthful, factual and/or expressions of opinion, they are therefor not defamatory or false as he and his attorney claim.

    Holbrook's problems in Ohio are his own doing entirely! There is no conspiracy, no tortious interference in Ohio and no defamation. His problem in Pahrump is again his own doing and that issue has no place in this case that is based on his dealings with Huber Heights Ohio.

    If Holbrook thought he had problems with posts about him going viral before, boy is he in for a surprise! He isn't likely to get this past some brilliant Motions to Dismiss. I am sure all the defendants will be looking to recover the attorney fees on this frivolous harassment filing. This should be turned around on Holbrook and Seeberger and I hope Motions for Sanctions will be filed.

    Holbrook has made wild accusations of libel and defamation when the postings are in fact truth, facts and opinion as far as I can see. Seeberger apparently didn't bother to check out what Holbrook told her. So, I think she has been negligent and reckless in this filing and possibly downright deceitful. She had an obligation when signing this filing against all of us to do so in good faith knowing the facts were established or likely to be established with discovery. This groundless, harassment fishing expedition is inexcusable!

    As Holbrook stiffed Peabody Nixon to the tune of 1.29 million, I would be worried about working on a losing case for free if I was Seeberger! And, with all the bloggers and newspapers targeted, this is sure to get a deluge of publicity!

    Soapboxmom

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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    Holbrook's attorney is up against the top litigators in business, defamation and First Amendment:

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    Law Schools: Academic Scholarship, University of Virginia Law School, 1961; Ohio State University, J.D., 1964
    Undergraduate: Denison University, Granville, Ohio, B.A., Political Science and Economics, 1960

    Born Marietta, Ohio, February 27, 1938, Bob's early years were spent in West Hartford, Connecticut. Later graduating from Denison University (B.A., 1960); University of Virginia Law School; The Ohio State University Law School (J.D., 1964), where he was a member of Phi Delta Phi Honorary.
    After graduating from law school, Bob started his legal career with the Dayton law firm of Estabrook, Finn & McKee, rising to the position of Senior Partner in that firm. The Estabrook firm was acquired by the Columbus firm of Porter, Wright, Morris & Arthur in 1984 and Bob was a Senior Partner, Member of the Executive Committee, and the Management Committee of that firm, as well as being the Partner in charge of that firm's Dayton office. In August, 1987, Bob moved his practice to the firm of Coolidge Wall Womsley & Lombard, where he was a Senior Partner and in some years was a member of the firm's Executive Committee and Compensation Committee. In August, 2004, Bob moved his practice to the firm of Faruki Ireland & Cox, P.L.L.
    He is a Federal Bar Examiner for the U.S. District Court, Southern District of Ohio, 1978-; a Life-Member Delegate, Sixth Circuit Judicial Conference; Member, International Association of Defense Counsel; Member, American Bar Association (Member, Business Litigation, Product Liability and Reinsurance Committees); The Ohio State Bar Association; the Dayton Bar Association; Defense Research Institute; Ohio Trial Lawyers Association; Chair of the Ohio State Bar Association Media Law Committee; National Freedom of Information Coalition; Carl D. Kessler Inn of Court. In 1983, Bob was elected as a Fellow of the American College of Trial Lawyers, a professional association of lawyers skilled and experienced in the trial of cases and dedicated to maintaining and improving the standards of trial practice, the administration of justice, and the ethics of the profession. Fellowship in the College is conferred on less than 1% of the lawyers who are licensed to practice in any state. Bob has been recognized as an "Ohio SuperLawyer," being the top 5% of Ohio's lawyers announced annually in the January edition of Law & Politics in Cincinnati Magazine.
    Bob is chief First Amendment counsel for the Dayton Daily News and the former Dayton Journal Herald; he has represented the Springfield News-Sun, WHIO TV-7, WPXI TV in Pittsburg, PA; has been chief First Amendment counsel for Cox Ohio Publishing and Dayton Newspapers, Inc., in every libel, access to news, court closure, gag order, FOIA and related matters for over 30 years; was chief counsel for the Dayton Daily News, Cox Newspapers and their reporters, Russell Carollo and Jeff Nesmith, in the successful FOIA lawsuit against the United States Government, which resulted in their series of stories on the U.S. Military's health care system, being awarded the 1998 Pulitzer Prize for National Reporting. He presently represents the Dayton Daily News, Cox Enterprises and corporate officers, editors and reporters in a libel case captioned Scaccia v. Dayton Newspapers, Inc. Bob also currently represents WHIO TV, Cox Broadcasting, Cox Enterprises and corporate officers and reporters in a defamation case captioned Total Exposure.com v. WHIO TV-7. Bob is admitted to practice before the United States Supreme Court, the United States Sixth Circuit Court of Appeals and the United States District Court for the Southern and Northern Districts of Ohio.
    Bob has been a frequent lecturer and panelist for seminars conducted by the Ohio State Bar Association Media Law Committee, the Ohio State Bar Association Local Government Affairs Committee, and other organizations. He is presently serving a two year term as the Chair of the Ohio State Bar Association Media Law Committee. Bob is a member of the Board of Directors of Kids Voting and is a member of the Dayton Lawyers Club, the Dayton Bicycle Club and the Moraine Country Club.
    Holbrook's frivolous folly will be over very soon!!!

    Soapboxmom

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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    Don Allen Holbrook brags on LinkedIn:
    Interim President & CEO (acting on pro-bono basis currently)

    The EarthQuest Institute



    2009 – Present (3 years) East Montgomery County Texas
    I helped to found and organize the non-profite and developed the mission and objectives. I later negotiated for their acquisition of their future site for the construction of their public demonstration facility and showcase pavilion for green strategies and products that will raise consumer awareness. Currently EQI is not soliciting funds as they are awaiting the announcement of the new theme park developer by EMCID and the expected official business relationship that EQI desires to have with the new developer. At that time I expect the new board will hire a new President/CEO for renewed and sustained operations going forward. I am still a major supporter of this concept and believe in it's purpose greatly!

    Management Team

    Our Management Team is comprised of accomplished executives from a variety of disciplines. They provide expertise in private and public fundraising, financial management, non-profit leadership and the sciences.

    Don Holbrook, President and CEO
    Dr. Matthew Gardner, Chief Science Officer
    Executive Board

    Our Executive Board represents the major creative and philanthropic developers of the EarthQuest concept, with respective backgrounds in science, communication, public education and community development.
    Leon Cubillas, Chairman
    Don Lessem, Founder and Director
    John Marlin, Director
    Conspiracy is a hot topic on this thread. I can think of an obvious one. Don Holbrook and Frank McCrady are still conspiring to hide the charity papers that must be public by law according to IRS regulations and the Texas Non-profit Corporation Act. Dr. Matthew Gardner sent the docs to the EMCID office to Frank McCrady. McCrady and his attorney David Marks have refused to turn over the docs. Don Lessem referred me to Holbrook as well. Don Holbrook went so far as to instruct the Earthquest Institute's accountants to withhold the documents from me and the other journalists and contributors that are demanding to see them. I made reports to the IRS and the Texas Attorney General's Office.

    I wonder if Sue Seeberger is going to continue to support Holbrook's activities that clearly violate the law???

    I will not stop fighting until those documents are in my hands!!!!

    Soapboxmom

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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    EarthQuest land in bankruptcy
    Tuesday, January 10, 2012
    Cynthia Calvert
    Whitestone Houston Land Ltd. ("Whitestone"), an entity that owns approximately 1,564 acres
    near New Caney, a portion of which includes the planned EarthQuest theme park and museum,
    has filed for bankruptcy.
    The EarthQuest theme park and museum has been promoted for years as a soon-to-come
    entertainment center with retail shopping, a water park, hotels, an eco-tourism area, and a
    residential development, along with a dinosaur area. The project grew from $50 to $500 million+
    with numerous delays in breaking ground. To date, no construction has occurred.
    According to trollerbk.com, Whitestone filed a Chapter 11 petition (re- organization) for
    bankruptcy protection more than five months ago on August 1, 2011. The filing was made at the
    United States Bankruptcy Court, Eastern District of Texas (Sherman). The bankruptcy petition
    number is 11 - 42400.
    According to Schedule B of the petition, Whitestone has $0.00 in its business checking account.
    Schedule D shows a total indebtedness to secured creditors of $20,167,465.94.
    Schedule F of the petition indicates that Whitestone owes another $808,179.28 to various
    unsecured creditors. Notably, those unpaid amounts include $123,845.13 to local taxing agencies
    for unpaid property taxes for the 2008 to 2010 tax years. The status of payment for the property
    taxes due January 31, 2012, for the 2011 tax year is unknown.
    Also included in Schedule F is an unsecured $225,000 note payable to the East Montgomery
    County Improvement District ("EMCID"). However, more significant amounts have been funded
    by EMCID to Whitestone in the form of expense reimbursements.
    Whitestone is a limited partnership whose general partner is Whitestone Houston Holdings LLC.
    The manager of the general partner is John D. Marlin. Marlin is also manager of EQ Ventures
    GP LLC, the general partner of Global Earthquest Ventures LP ("Global"). Global is one of the
    parties to the contracts executed with EMCID.
    According to EarthQuest Institute, Marlin is also a director of the EarthQuest Institute
    ("Institute"), a nonprofit organization established to apparently manage the EarthQuest Museum
    and Institute. Marlin is shown on their website as a director of the Institute. The Institute is
    another of the parties to the contracts executed with EMCID.
    According to Eco-Resort, Hotel, Conference Center and Theme Park | Earth Quest Resort, Marlin's real estate and development company,
    Marlin-Atlantis, of which he is the chief executive officer, is the general partner and developer of
    the planned project through an entity called EarthQuest Resort. This company does not appear to
    be a party to the contracts executed with EMCID. Marlin-Atlantis is based in Dallas.
    <<PAGE-DIVIDER>>
    Marlin did not respond to a request for comment.
    Frank McCrady, President and CEO of EMCID, stands behind the development. "We have a
    new developer who is working with the bank to take over the property and the project.
    "It is not a matter of if, but when [it will be built]," he said.
    According to a w6site at www.landadvisors.com/whitcstone, Wbitestonc originally acquired the
    New Caney land for a residential development to be called Whitestone. As described in a special
    warranty deed dated June 14, 2004, the same being recorded in the public records of
    Montgomery County under Clerk's File Number 2004-06651 and film code number
    ~, the property was purchased from HS Tej as Ltd. The purchase price of the land, as stated in
    the first paragraph of the deed, was in the amount of $4,150,000 plus "$ 10 and other good and
    valuable consideration."
    Over time, the idea of a dinosaur-themcd park and resort was developed through the principals
    and affiliates of Whitestone. This new concept was then planned on about 500 acres of the land
    that was originally intended for residential development. Due to the projected economic impact
    on the surrounding region, discussions were initiated with EMCID.
    Those discussions ultimately resulted in a series of complex agreements between Global,
    EMCID and the Earthquest Institute. Briefly stated, for the perceived future benefits of having a
    major theme park and other related developments, EMCID agreed to sell millions of dollars in
    bonds in order to provide funds to Whitestone for "pre-development" and "pre- construction"
    expenses.
    Pursuant to a Houston Chronicle-This Week article dated August 26, 2009, the aggregate funds
    [then] paid by EMCID to Whitestone for the foregoing expenses totaled $7,800,000. The same
    article referenced a second request by Marlin for EMCID to provide another $2,800,000 to
    Global to pay for a "site locater fee," the recipient of which was unnamed in the article.
    McCrady said that EMCID subsequently did not advance the additional funds to pay the site
    locater fee.
    "We do not want people alarmed and think that the project will not be built. We have Contour
    Entertainment from Los Angeles. They are going to take over," he said.
    McCrady said he was aware Whitestone had filed for bankruptcy some months ago.
    "They have a restructuring plan - a hearing on this will be held Jan. 23 in Dallas," he said.
    The property is currently in bankruptcy but McCrady says Contour is currently working with the
    bank and hopes to purchase the property eventually.
    "Contour is an entertainment company with experience developing theme parks all over the
    world. Our board thinks that is very good," McCrady said. Contour, McCrady said, was a
    <<PAGE-DIVIDER>>
    subcontractor of Whitestone's and performed all the design work on the EarthQuest project, he
    said. "Chris Brown, CEO of Contour, has been prepared to step in from the inception," McCrady
    said. Owning the site would be a first for the Los Angeles-based design firm.
    According to Contour Entertainment's website, Contour Entertainment,
    the company performs many functions related to theme park management but they do not own
    theme parks. Contour's website states that they perforrn concept development and show design,
    project management, operational planning, market research and architectural design. EarthQuest
    is already listed as one of the six projects Contour is working on.
    The site states that, "Contour Entertainment is the Resort Masterplanner and lead designer for all
    aspects of this $530 million, 500-acre (Phase 1) entertainment resort as well as providing the
    initial design for the conceptual direction and facility design for the $20 million, 40,000-sqare
    foot, not-for-profit EarthQuest Institute."
    It appears that the general plan of repayment to EMCID was to receive about one-half of the
    proceeds at the beginning of construction of the theme park, with the second half being repaid
    after construction of the park was completed. However, there have been numerous changes and
    amendments to the original contracts and the current status of the repayment terms is uncertain.
    The filing of the bankruptcy petition has created concerns about any projected construction date
    and whether or not the bankruptcy filing has jeopardized the repayment of the monies funded by
    EMCID to Global.
    "Whitestone was just a landholding company," McCrady said. "The bond paid for
    predevelopment expenses, engineers, drainage, things like that all related to EarthQuest."
    McCrady said that repayments are certain, based on future sales tax recapture as well as future
    taxes attached to the development zone and future hotel taxes.
    "We would not have issued bonds if there was any chance of the funds not being recovered," he
    said.
    The contracts further provide that, should the project not be constructed, then EMCID would
    have the right to purchase certain properties owned by the Institute. That purchase option is for
    the 50 acres upon which the Dino Institute and Museum would be built. The option price for that
    tract is $1,250,000. This amount would be in addition to the original $7,800,000 already known
    to be approved by the bond to Global.
    McCrady said that EMCID and the bond has put up about $9 million. He said "you can add
    another million to the bond money" for expenses to date.
    Marlin Atlantis also received approval from taxing authorities for property tax abatements to
    enhance the profitability of the project via Montgomery County Commissioners Court and from
    the passage of House Bill 4015. At the same time, the contracts between Global and EMCID
    would have set in motion a set of new taxes and user fees in connection with the development
    <<PAGE-DIVIDER>>
    and operation of the theme park and museum, including Improvement Zone sales taxes and hotel
    occupancy taxes, along with event admission taxes and parking fees and taxes.
    In fact, McCrady said,"Without a doubt, this will happen. If Contour fails, others are willing to
    step up. We are not putting all our faith in one developer. That is not the way we do business.
    We have backup plans A, B, C and D."
    "From our perspective, the board thinks the future sales tax will pay back the money. The
    property is well suited to retail development.
    "Contour is hoping to pick up the project after the bankruptcy is complete," McCrady said.
    "Houston is poised for theme park projects. We have three different economic reports that say
    that. I I
    List of creditors and amounts owed listed in the bankruptcy filing:
    Creditors holding secured claims, according to Schedule D:
    J.R. Moore, Jr. Tax Assessor, $15,970.81; County of Montgomery Tax Office, $61,943.94;
    Hillcrest Bank, $20,043,611.21; J. R. Moore, Jr. Tax Assessor, $45,939.98.
    Creditors Holding Unsecured Claims, according to Schedule F:
    Anco-McDonald Waterworks, $5,385; Bracewell & Guiliani LLP, $952.50; Cindy A Schmidt,
    $2,521.57; Coasts, Rose, Yale Ryman & Lee, $3858.83; East Montgomery County Improvement
    District, $225,000; Hayne and Associates PC, $155; Hesse & Hesse LLP, $225; Ryan &
    Company PC, $1025; Sammons Realty Corp., $275,683.88; Texas Commission-Environmental
    Quality, $2,565.38; Thompson & Knight LLP, $11,978.74, and WMA Whitestone Land LP,
    $278,828.38.
    EMCID may lose millions unless dino-project built.

  12. #62
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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    Tuesday, January 24, 2012
    Cynthia Calvert
    Marlin-Atlantis ousted as developer of EarthQuest
    Marlin-Atlantis, the Dallas-based real estate developer of Whitestone and the related EarthQuest
    theme park, is no longer associated with the project.
    Frank McCrady, president and CEO of the East Montgomery County Improvement District,
    ("EMCID"), said Marlin-Atlantis is not associated with the dinosaur theme park any longer and,
    <<PAGE-DIVIDER>>
    in fact, said that Marlin-Atlantis has no legal liability to repay the millions of dollars EMCID has
    given them until and unless the park project is opened.
    The Marlin-Atlantis company which purchased the land several years ago, Whitestone Houston
    Land Ltd., filed for bankruptcy last summer.
    McCrady said that a new developer, Contour Entertainment of Los Angeles, has assumed the
    financial responsibilities for the bankrupt project.
    "Marlin-Atlantis is no longer capable of delivering the theme park project. They have an
    obligation for repayment once the project occurs. That obligation has been assumed by our
    existing developer, Contour Entertainment. Our approach has been for the bond repayment to be
    project specific and not developer specific. Developers come and go, however the project
    remains viable and is moving forward as we speak."
    Chris Brown, president of Contour Entertainment offered a somewhat different answer as to his
    firm's involvement.
    "That is not how I would characterize it," Brown said. "Actually, we have an agreement in place
    with an option on the intellectual property licensing agreements with EMCID. We are working to
    raise the money, $500 million. That is a lot of money. However, we have not raised it yet. That is
    something we are working on."
    Brown said Contour was not looking to EMCID for money. "We have not received any funds
    from EMCID. They have already written a lot of checks [to the previous developers]." Brown
    said Contour expected to get financial assistance from EMCID once the park is built.
    "EMCID has a partnership role with us and through their backing and support, we have achieved
    legislative changes that will support the project once it is built, once it is operating. But not in the
    current development phase. Raising this kind of money in this economy is entirely different for
    us and a big challenge."
    Brown said the impending bankruptcy and possible foreclosure on the original property was not
    a concern to Contour as they had built land costs into their business plan. If the original site
    becomes unavailable, Contour has chosen several other nearby alternative sites.
    "We are interested in that property, but we have also looked at other sites. Our preference is that
    particular piece of land but it doesn't have to be. The project is not dependent exclusively on
    that," Brown said.
    McCrady remains emphatic that the project will be built and that EMCID will recoup the $9-$13
    million already invested with the previous developer. The project must be built for EMCID to
    recapture the money, unless another form of retail development occurs.
    "Our incentives are what makes the project viable. Any developer wanting access to these
    incentives would have to come to EMCID and negotiate to receive these and in that negotiation,
    <<PAGE-DIVIDER>>
    we would require them to repay the outstanding bonds in order to receive our incentives,"
    McCrady said.
    Notwithstanding McCrady's confidence, the threat of the park not getting built was voiced
    almost two-and-one-half years ago by John Howell, bond counsel to EMCID. In a board meeting
    on August 24, 2009, Howell expressed his concern to the EMCID board about the possibility of
    the theme park not being constructed. Howell advised the board that they should make efforts "to
    protect the [Improvement] District in the event no park is developed."
    He advised the EMCID board that the [Improvement] District "should request an interest in the
    land with a preferred return on land sales." McCrady answered that the developer (Martin-
    Atlantis) would not agree to that option. The board then directed McCrady to discuss other
    possible options with the developer to protect the interests of the Improvement Zone in the event
    no park is ever built. What, if any, actions were taken by McCrady to protect the interests of the
    Improvement Zone are not mentioned in the board minutes.
    As if the possibility of the park not getting built isn't serious enough by itself, the bank holding
    the lien on the property has filed a motion with the bankruptcy court to allow it to foreclose its
    lien.
    On January 16, 2012, according to Research Bankruptcy Records Online | TrollerBk.com, Bank Midwest, N.A., successor in
    interest to Hillcrest Bank, N.A. (Whitestone's tender), filed a motion of objection with the
    bankruptcy court 'in response to Whitestone's plan of reorganization. The objection motion is
    quite lengthy and can be read in its entirety at the end of this article.
    The purpose of the motion is for Whitestone's lender to be granted permission by the bankruptcy
    court to proceed with a foreclosure on all of the properties that Whitestone owns, including the
    Dino-Park land.
    This motion paints a far different picture of the status of the EarthQuest project than what has
    been commonly portrayed by various interested parties and some publications. Excerpts from the
    lender's motion include the following quotations which are in response to Whitestone's plan of
    reorganization (the "Plan"):
    "On or about July 31, 2007, Hillcrest Bank, N.A., loaned Whitestone up to $19.6 million for the
    acquisition of real property in New Caney, Texas. The initial maturity date of the note was
    January 1, 2009 ... but was extended to November 1, 2010 ... at which time Whitestone
    defaulted in its obligations ... and was subsequently declared in default on November 19, 2010.
    . . The indebtedness remains unpaid ... in the [current] amount of $21,377,520.24."
    "The Plan 'envisions a new third-party debt facility' and [that] the Plan will be implemented
    through 'the revenue from Whitestone's future business operations and an equity investment put
    in by the 'New Capital Partner.' The alleged New Capital Partner is not identified, disclosed or
    supported. Whitestone's future business operations and 'development' are not explained or
    supported. In addition, there is no support for the Plan's feasibility because ... the Plan is not
    feasible.
    <<PAGE-DIVIDER>>
    "Whitestone has no equity in the property ... Whitestone has no history ... [and] is a start-up
    venture ... Considering Whitestone's prior inadequate performance in regards to developing the
    property ... the current state of the new home market ... and the speculative nature of an
    amusement park ... the Plan is not feasible."
    The objection motion goes on to state that, although Whitestone contends that the property is
    worth $27.4 million, the lender has certified appraisals stating that the property's current value is
    only $9.88 million.
    The bankruptcy court has not yet ruled on the lender's motion of objection. If the court does rule
    in Hillcrest's favor, then it is expected the lender will foreclose its lien on the property, take
    ownership of the land and subsequently place the land on the market for re-sale. The act of
    foreclosure will terminate the interests of all prior owner(s) and any other interested parties.
    If the property is foreclosed, the feasibility of the EarthQuest project going forward is, at best,
    questionable. More importantly, once the foreclosure occurs, it is doubtful Whitestone's lender
    will have an interest in reinvesting in another speculative venture. The most likely scenario is
    that the lender's focus will be to sell the property in order to recover its loan proceeds.
    Although many have been surprised at the seemingly current problems of the EarthQuest project,
    it appears the EMCID board has been in damage control mode for almost a year. Based on
    comments recorded in the EMCID board minutes, warning signs about the project apparently
    surfaced as early as mid-2009.
    Examples of these concerns, listed by board meeting dates, are as follows:
    August 24, 2009
    The first of two major restructures of the contractual arrangement between the developer
    (Marlin-Atlantis) and EMCID is proposed. The developer requested: (i) forgiveness of its
    obligation to repay several million dollars of bond proceeds previously given to the developer by
    EMCID; (ii) forgiveness of its obligation to repay $1.5 million in bond proceeds utilized for the
    benefit of ESD # 7; (iii) a request for EMCID, rather than the developer, to pay a 'site locater'
    fee of @ $3 million; along with other concessions.
    According to the minutes, the EMCID counter-proposed that a $1 parking tax would be levied on
    all future park visitors to: (i) repay the millions of dollars of bond indebtedness owed by the
    developer (as requested); (ii) utilize the same parking levy to payoff the $1.5 million bond
    indebtedness related to ESD #7 (as requested) (iii) ask the developer to donate to EMCID the
    planned site of the future EarthQuest Institute; and other considerations.
    The Tribune does not have a copy of the final restructured agreement therefore, the final terms
    are unknown. Furthermore, what, if any, additional assurances McCrady was able to achieve
    with the developer is unknown.
    November 9, 20 10
    <<PAGE-DIVIDER>>
    The EMCID board learns that the project is not going to happen as planned. A second major
    restructure of the project is proposed. John Marlin, president of Marlin-Atlantis, informed the
    EMCID board that a $500 million "greenfield" project like EarthQuest was not feasible in the
    current market. Consequently, the project would have to be "phased" to reduce development and
    construction costs. The phasing of the project proposed that the theme park would be constructed
    first, followed by subsequent phases for related amenities.
    February 1, 2011
    In the meeting, McCrady states that the [Improvement] District is "a little behind on revenue
    projects . . ." The board then discussed areas where the budget could be reduced if the revenues
    did not match the budget. Director Linda Floyd "recommended that the travel by the EarthQuest
    consultants "be restricted or elimmiated."
    There is no mention of why Floyd was so concerned about the traveling expenses of the
    EarthQuest consultants. But from financial records obtained by The Tribune it is obvious that
    EMCID has paid for extensive travel and other accommodations for the EarthQuest consultants.
    March 10, 2011
    EMCID director Floyd again appears concerned about money. She questioned a wire transfer of
    funds to EarthQuest Institute. Floyd is on the record as saying, "It was her understanding that
    such funding had ended." She further asked the board "to recall the EarthQuest Institute wire."
    The amount of this wire transfer was not referenced in the minutes and is unknown. What is clear
    is that Floyd's concern about the wire transfer to EarthQuest reflected a growing concern on the
    part of some of the EMCID board members.
    June 16, 2011
    Chris Brown, president of Contour Entertainment, informed the EMCID board that his company
    was "assuming" the position of Marlin-Atlantis as developer for the EarthQuest project. In light
    of the complex contractual agreements that exist between EMCID and various Marlin-Atlantis
    entities, it is unknown if this is a formal assumption of the developer's role or a temporary
    measure until a more permanent solution is determined.
    November 10, 2011
    The EMCID board approved an assignment and release with "Dino" Don Lessem. Reportedly
    renowned worldwide for his expertise in paleontology, Lessem was the brainchild, founder and
    director of the EarthQuest Institute. Lessem received thousands of dollars consulting on the
    project for several years and his extensive travel and entertainment expenses were paid by
    EMCID. The circumstances of Lessem's departure were not disclosed in the minutes. What
    effect his leaving will have on the project is unknown. The EarthQuest Institute was a tax-
    exempt entity which held several fund raisers to raise money for the museum facilities. The
    status of those funds is unknown.
    <<PAGE-DIVIDER>>
    December 8, 2011
    The EMCID board approved the expenditure of $25,000 to renew the Wbitestone [sanitary
    sewer] waste discharge permit to Caney Creek. Reportedly, the permit will be assigned to
    EMCID. It appears that EMCID is trying to preserve the early (and limited) development work
    that Marlin- Atlantis performed on the Whitestone property when it was originally planned as
    only a residential community. This specific permit most likely was the Caney Creek Plant Permit
    No. WQ0014559001, which was originally issued in April of 2005. There is a companion waste
    permit that will also soon need to be renewed, if that has not already been done. That will be for
    the Peach Creek Plant Permit No. WQ0014559001, which was also first issued in April of 2005.
    With Marlin-Atlantis having left the project, these type of real estate expenses will be regular
    occurrences as EMCID tries to preserve whatever interests it can in the EarthQuest property.
    Chris Brown of Contour emphasized this. "EMCID is trying to do what it can to protect the
    investment it has made in the project," he said.
    Questions Remain
    This complex and convoluted situation, the seriousness of which has been further magnified by
    the potential foreclosure of the EarthQuest property, has prompted valid inquiries by this
    newspaper and the public to the EMCII) board.
    How much money has EMCID funded to the various entities involved in the proposed
    EarthQuest / Dino-Park venture?
    The Tribune previously asked both EMCID attorney David Marks and McCrady this specific
    question. Marks said he did not know but "Frank should." McCrady responded that EMCID has
    funded "about" $9 million "for expenses to date." (Note: The original Tribune article reported an
    amount of $7.8 million). However, in a Houston Chronicle-This Week article dated August 26,
    2009, Connie Bloodworth, a board member of EMCID, then stated that EMCID had a potential
    exposure to the project of $13 million. "Director Connie Bloodworth said the requested changes
    will add up to a net initial incentive cost to the district of some $13 million. 'Right now we're
    putting ourselves and the community on the line," said Bloodworth. "He's (Marlin) got his neck
    on the line, but we do too."'
    Why did the EMCID board not inform the public that the entity owning the land for the proposed
    EarthQuest property filed for bankruptcy protection more than five months ago on August 1,
    2011?
    Why did the EMCID board not inform the public about Marlin-Atlantis leaving the project?
    Why did the EMCID board ignore the advice of its own bond counsel to seek additional security
    in order to protect its multi-million dollar investment in Marlin-Atlantis and the EarthQuest
    project.
    <<PAGE-DIVIDER>>
    How much money has EMCID expended for travel, accommodations, food, gifts, etc. for the
    various EarthQuest personnel and consultants?
    Based on financial records in the possession of The Tribune it appears to be extensive. A review
    of those expenses is underway and will be reported on in a future article.
    Samuel M. Stricklin (State Bar No. 19397050)
    Michael L. Dinnin (State Bar No. 05888100)
    Brian C. Mitchell (State Bar No. 24046452)
    Bracewell and Giuliani LLP
    1445 Ross Avenue, Suite 3800
    Dallas, Texas 75202-2711
    Telephone: (214) 468-3800
    Facsimile: (214) 468-3888
    Email: sam.stricklin@bgllp.com
    Email: michael.dinnin@bgllp.com
    Email: brian.mitchell@bgllp.com
    Attorneys for Hillcrest Bank, N.A.
    IN THE UNITED STATES BANKRUPTCY COURT
    FOR THE EASTERN DISTRICT OF TEXAS
    SHERMAN DIVISION
    IN RE: 
     CHAPTER I I
    WHITESTONE HOUSTON LAND, LTD.,  CASE NO. 11-42400
    <<PAGE-DIVIDER>>
    Debtor. 
    HILLCREST BANK, N.A.'S OBJECTION TO CONFIRMATION OF
    DEBTOR'S FIRST PLAN OF REORGANIZATION DATED OCTOBER 28,2011
    Hillcrest, N.A. ("Hillcrest"),
    1
    secured creditor and party in interest herein, files this
    Objection to Confirmation of Debtor's First Plan of Reorganization Dated October 28, 2011
    ("Objection"), and in support thereof would show the Court the following:
    JURISDICTION AND VENUE
    1. This Court has jurisdiction over this matter pursuant to 28 U.S.C.  157 and
    1334. This Objection is a core proceeding pursuant to 28 U.S.C.  157(b)(2). Venue is proper in
    this district pursuant to 28 U.S.C.  1409.
    1
    On November 7, 2011, Hillcrest Bank, N.A. merged with Bank Midwest, N.A., and now
    operates under the name
    Bankr Midwest, N.A.OBJECTION OF HILLCREST BANK, N.A. TO CONFIRMATION
    OF DEBTOR'S FIRST PLAN OF REORGANIZATION - PACE 2
    RELEVANT BACKGROUND
    A. Debtor's Bankruptcy Filing
    1. On August 1, 2011 (the "Petition Date"), Whitestone Houston Land, Ltd.
    ("Whitestone" or "Debtor") filed a voluntary petition for relief under chapter I I of title I I of the
    United States Code (the "Bankruptcy Code") in the Eastern District of Texas, Plano Division (the
    "Bankruptcy Court"), Cause No. 11-42400. This is a Single Asset Real Estate case.
    <<PAGE-DIVIDER>>
    2. On October 28, 2011, the Debtor filed its First Disclosure Statement Dated
    October 28, 2011 [Dkt. No. 15 ] ("Disclosure Statement") and its Chapter I I Plan of
    Reorganization Dated October 28, 2011 [Dkt. No. 14] ("Plan"). The Debtor filed its First
    Modification to Disclosure Statement on December 11, 2011 ("Disclosure Statement
    Modification"). [Dkt. No. 24]. On December 20, 2011, the Court entered an Order Approving
    First Disclosure Statement Dated October 28, 2011 as Modified. [Dkt. No. 27].
    B. Hillcrest Bank's Secured Claim
    3. On or about July 31, 2007, Hillcrest and Whitestone entered into a secured loan
    agreement (the "Loan Agreement") whereby Hillcrest agreed to loan Whitestone up to
    $19,600,000.00 in connection with the acquisition of real property located in New Caney,
    Montgomery County, Texas (the "Property"). Pursuant to the terms of the Loan Agreement, and
    contemporaneously therewith, Whitestone executed a Promissory Note (the "Note") for the
    principal sum of $19,600,000.00 in favor of Hillcrest. The Note was secured by a Deed of Trust
    granted by Whitestone in favor of Hillcrest, which provided Hillcrest a security interest in the
    Property (the "Deed of Trust"). OBJECTION OF HILLCREST BANK, N.A. TO
    CONFIRMATION
    OF DEBTOR'S FIRST PLAN OF REORGANIZATION - PACE 3
    4. The initial maturity date of the Note, for full repayment of the entire principal
    balance and unpaid interest to Hillcrest by Whitestone, was January 1, 2009. The maturity date
    was subsequently modified twice via agreement, so that the maturity date under the Note was
    November 1, 2010. However, Whitestone defaulted under the Loan Agreement and Note, and
    Hillcrest notified Whitestone of the events of default on November 1, 20 10. Whitestone failed to
    cure the default, and on November 19, 2010, Hillcrest accelerated the outstanding indebtedness
    (the "Indebtedness") under the Note and Loan Agreement. The Indebtedness remains unpaid,
    <<PAGE-DIVIDER>>
    and as of August 1, 2011, the approximate amount due and owing by Whitestone under the Note
    and Loan Agreement, including principal and accrued interest, was $21,377,520.24. Interest and
    fees continue to accrue on this amount.
    BASIS FOR OBJECTIONS
    C. The Debtor Bears the Burden of Proof for Confirmation
    2. A debtor in bankruptcy bears the burden of proving each and every element of
     1129(a) by a preponderance of the evidence in order to attain confirmation of its plan. In re
    Cajun Electric Power Cooperative, Inc., 230 B.R. 715, 728 (Bankr. M.D. La. 1999); In re
    Barnes, 309 B.R. 888, 895 (Bankr. N.D. Tex. 2004) (citing In re T-H New Orleans Ltd. P'ship,
    116 F.3d 790, 801 (5th Cir. 1997)); In re 8315 Fourth Avenue Corp., 172 B.R. 725, 735 (Bankr.
    E.D.N.Y. 1994). Furthermore, the court has a mandatory duty to determine whether the plan has
    met all of the requirements for confirmation, whether specifically raised by dissenting creditors
    or not. Williams v. Hibernia National Bank, 850 F.2d 250, 253 (5th Cir. 1988). The Debtor in
    this case is unable to meet its burden for confirmation.OBJECTION OF HILLCREST BANK,
    N.A. TO CONFIRMATION
    OF DEBTOR'S FIRST PLAN OF REORGANIZATION - PACE 4
    B. The Plan Violates  1123(a)(5) Because it Does Not Provide Adequate Means For Its
    Implementation
    3. The Court cannot confirm a plan unless it complies with the applicable provisions
    of title 11. See 11 U.S.C.  1129(a)(1). A debtor's plan must provide adequate means for the
    plan's implementation. See I I U.S.C.  1123(a)(5). Whitestone's Plan does not provide
    adequate means for the Plan's implementation; therefore, the Plan cannot be confirmed.
    4. The only information in the Plan regarding its implementation is in Article 11,
    Concept of the Plan, Generally, and Article VI, Means for Implementation of Plan. The Concept
    <<PAGE-DIVIDER>>
    of the Plan is merely a "plan of reorganization." See Plan, 2.0 1. The Plan "envisions a new third
    party debt facility," and the Plan will be implemented through "the revenue from the Debtor's
    future business operations and an equity investment put in by the New Capital Partner." Id. The
    alleged New Capital Partner is not identified, disclosed, or defined. Id. The Debtor's future
    business operations and "development" are not explained or supported. Id. In addition, there is
    no support for the Plan's feasibility, likely because, as discussed infra, the Plan is not feasible.
    The Means for Implementation of Plan simply states that the "Plan will be implemented pursuant
    to  1123(a)(5) of the Code, by the commencement of payments as called for above." See Plan,
    6. 0 1. Further, the Plan "relies on the revenues generated from the Debtor's property and the
    Equity Investment." Id. Similar to New Capital Partner, the Equity Investment is not defined,
    explained, or identified. Therefore, the Plan does not provide any means for implementation
    other than the baseless and conclusory statements that it will be implemented. The Plan does not
    comply with the provisions in section 1123(a)(5) and, as a result, should not be confirmed.
    C. The Plan Violates I I U.S.C.  I 129(a)(7) Because Hillcrest Receives Less Under the
    Plan Than it Would in a Chapter 7 Liquidation
    5. Pursuant to 11 U.S.C.  1 129(a)(7), impaired classes of claims under the Plan
    must receive property on account of their claim that is not less than the amount they would
    OBJECTION OF HILLCREST BANK, N.A. TO CONFIRMATION
    OF DEBTOR'S FIRST PLAN OF REORGANIZATION - PACE 5
    receive in a case under chapter 7. The Plan is not confirmable because the Debtor has failed to
    meet its burden under  1129(a)(7). The Debtor bears the burden of proving  1129(a)(7) by a
    preponderance of the evidence. Heartland Fed. Sav. & Loan Ass'n v. Briscoe Enters. (In re
    Briscoe Enters.), 994 F.2d 1060 (5th Cir. 1993).
    6. There is nothing in the Plan regarding liquidation, and in its Disclosure Statement
    <<PAGE-DIVIDER>>

  13. #63
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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    Modification, the Debtor merely states that "in a liquidation the property would sell for less than
    the secured debts given today's market conditions and the costs of sale." Disclosure Statement
    Modification, 16. The Debtor states the Whitestone Houston Property Value is $25,000,000.00
    (reduced by $2,000,000.00 for a liquidation) and its secured debt is listed as $21,377,520.24. Id.
    Therefore, the Debtor's statement that the property would sell for less than the secured debts is
    incorrect, even with a $2,000,000.00 reduction in property value. There is no evidence that the
    impaired classes will not receive less through the Plan than they would in a liquidation. The
    Debtor has not met its burden to prove the requirements under  1129(a)(7).
    7. Further, Hillcrest will receive less under the Plan that it would under a chapter 7
    liquidation. Under a liquidation, Hillcrest will receive the value of its secured claim
    immediately.
    2
    However, under the Plan, Hillcrest must wait 120 days after confirmation before
    it will receive payment of its secured claim, and will not be paid a market or otherwise
    appropriate rate of interest. Further, it is unclear how Debtor intends to pay Hillcrest's
    $19,389,607.91 claim (plus continued accrued fees and interest) when there is no indication of
    who the New Equity Investor is or how the Debtor will implement the Plan. Accordingly,
    2
    Debtor contends the Property is worth 27,400,00.00, which would allow Hillcrest to receive the
    full amount of its
    secured claim through liquidation. However. even if the Property value is $9,880,000.00, as
    Hillcrest contends
    based on its certified appraisal, Hillcrest will still receive more through a liquidation that it
    would under the Debtor's
    Plan. OBJECTION OF HILLCREST BANK, N.A. TO CONFIRMATION
    <<PAGE-DIVIDER>>
    OF DEBTOR'S FIRST PLAN OF REORGANIZATION - PACE 6
    Hillcrest will receive less than it would under a chapter 7 liquidation and confirmation of the
    plan should be denied under  1129(a)(7).
    D. The Plan Violates  1 129(a)(1 1) Because it is Not Feasible
    8. Whitestone's Plan is not feasible and cannot be confirmed under section
    1129(a)(11). Courts must scrutinize the plan carefully to determine whether it offers a
    reasonably prospect of success and is workable. In re Beyond.com Corp., 289 B.R. 138, 145
    (Bankr. N.D. Cal. 2003). Whitestone has failed to offer anything other than hope and
    speculation regarding its ability to satisfy the obligations of creditors. See, e.g., In re M&S
    Assocs., Ltd., 138 B.R. 845, 852 (Bankr. W.D. Tex. 1992) ("Confirmation of the Plan would
    merely allow the Debtor to postpone the inevitable, and to gamble, with the [secured creditor's]
    money, on the long shot possibility of a drastic improvement in the real estate market"); In re
    Pelham St. Assocs., 134 B.R. 700, 701 (Bankr. D.R.I. 1991) (denying confirmation of plan
    predicated on a 5-year balloon payment to the secured creditor, concluding that the plan was
    11 pure pie in the sky, and no secured creditor should be required to depend on such illusory pie.").
    Whitestone has no equity in the Property, and this is a Single Asset Real Estate bankruptcy.
    9. The proposed Plan does not have a reasonable probability of success because it
    requires Whitestone to enter into a new third party debt facility and receive an equity investment
    from a New Capital Partner in order to fund the reorganization. See Plan, 2,01. Simultaneously
    with the refinancing, Whitestone will also place the Property for sale on the market. Id.
    However, Whitestone does not explain how it will obtain a New Equity Partner and a new debt
    financing facility when it intends to sell the Property, and Whitestone has no equity in the
    Property. OBJECTION OF HILLCREST BANK, N.A. TO CONFIRMATION
    <<PAGE-DIVIDER>>
    OF DEBTOR'S FIRST PLAN OF REORGANIZATION - PACE 7
    10. Neither the Disclosure Statement nor the Plan provides any concrete explanation
    for how creditors in this case will receive the value of their claims. Whitestone has no equity in
    the Property, and this is a Single Asset Real Estate bankruptcy. More specifically, this case
    involves more than 1,564.55 acres of raw/undeveloped land located in New Caney, Texas that
    the Debtor purchased in 2005 and plans (at least in 2005) to develop into a mixed-use
    multifamily, commercial, and retail development, a segment of the economy that is notoriously
    struggling. See Disclosure Statement, Exhibit B, Development Overview. However, upon
    information and belief, the Debtor actually intends to develop the majority of the Property into
    an amusement park.
    11. The only support for the Plan's success is contained in the Metrostudy Market
    Overview and Development Feasibility Performa sections of Exhibit B of the Disclosure
    Statement. However, the Market Overview is merely a conclusory summary of a pie in the sky
    hope for what may happen to the real estate market, and there is no support for the Development
    Feasibility of the Debtor's Plan. Speculative and unrealistic projections are not sufficient to
    prove the feasibility of a plan of reorganization. In re Canal Place Ltd. P'ship, 921 F.2d 569,
    579 (5th Cir. 1991). Moreover, it is unclear when the Development Feasibility Proforma was
    prepared (although it appears to be years ago), who prepared it, how the figures contained in the
    Proforma were determined, what assumptions were made, etc. Notably, the proposed Plan relies
    on revenues generated from the Property (which, to date, amount to zero) and additional
    financing. "Section I 129(a)(1 1) requires the plan proponent to show concrete evidence of a
    sufficient cash flow to fund and maintain both its operations and obligations under the plan." See
    In re 8315 Fourth Ave. Corp., 172 B.R. 725, 735 (Bankr. E.D.N.Y. 1994); In re SM 104 Ltd.,
    <<PAGE-DIVIDER>>
    160 B.R. 202, 234 (Bankr. S.D. Fla. 1993). Plans often fail on feasibility grounds where the
    OBJECTION OF HILLCREST BANK, N.A. TO CONFIRMATION
    OF DEBTOR'S FIRST PLAN OF REORGANIZATION - PACE 8
    assets needed to fund the Plan are speculative. See In re 8315 Fourth Ave. Corp., 172 B.R. at
    735; In re Lakeside Global 11, Ltd., 116 B.R. 499, 506-09 (Bankr. S.D. Tex. 1989).
    12. Further, where a plan relies on operating revenues, "a debtor's past and present
    financial history are probative of the plan's feasibility." Id. The Debtor effectively has no
    history - this is a start-up venture in bankruptcy. Considering the Debtor's prior inadequate
    performance in regards to developing the property (Whitestone has owned the Property since
    2005, yet no development has taken place), the current state of the new home market (and the
    speculative nature of an amusement park) and the conjectural and speculative projections in
    support of the Debtor's proposed Plan, the Plan is not feasible and cannot be confirmed as a
    matter of law.
    PRAYER
    For the foregoing reasons, Hillcrest respectfully requests that the Court deny
    confirmation of the Plan and grant Hillcrest such other and further relief as is just and proper.
    Dated: January 13, 2012
    Respectfully submitted,
    BRACEWELL & GIULIANI LLP
    By: /s/ Brian C. Mitchell
    Samuel M. Stricklin
    State Bar No. 19397050
    Michael L. Dinnin
    State Bar No. 05888100
    <<PAGE-DIVIDER>>
    Brian C. Mitchell
    State Bar No. 24046452
    1445 Ross Avenue Suite 3800
    Dallas, TX 75202-2711
    Telephone: (214) 468-3800
    Facsimile: (214) 468-3888
    ATTORNEYS FOR HILLCREST BANK, N.A.OBJECTION OF HILLCREST BANK, N.A.
    TO CONFIRMATION
    OF DEBTOR'S FIRST PLAN OF REORGANIZATION - PACE 9
    CERTIFICATE 0
    Court gives EarthQuest developer time to raise money, save project
    Tuesday, February 07, 2012
    Cynthia Calvert
    -Questions arise over EMCID,consultant contracts-
    The Eastern District Court of Texas, which is administering the bankruptcy proceedings of
    Whitestone Houston Land, Ltd. (the legal owning entity of the EarthQuest / Dino-Park land), has
    established a multi-step plan to allow
    for the sale and disposition of the Dino - Park property.
    On Jan. 23, 2012, the court decreed that the owners of Whitestone have until March 5, 2012, to
    raise $ 10 million in capital in order to move forward with a plan to reorganize. N"itestone must
    also file a Motion to Establish Bid procedures. If they achieve this, they then have until April 6,
    2012, to obtain court approval of the bid
    procedures for a sale of the property and they must conduct an auction to sell the property by
    April 30 and close on the sale by June 4, 2012.
    Failure to meet with any of these steps means that the court will allow foreclosure on the land.
    <<PAGE-DIVIDER>>
    Frank McCrady, president and CEO of the East Montgomery County Improvement District
    (EMCID), said in January that Chris Brown, CEO of Contour Entertainment, is now the
    EarthQuest developer and is actively seeking to raise capital in order to save the project. Brown
    said, " We are working to raise the money. However, we have not raised it yet. That is something
    we are working on. There is a list of bills to be paid first before we can complete the project. A
    project like this comes in steps. It is a $500 million project and the reality is, that is a lot of
    money.
    "This is distinctively different for us - we have partnered financially on a much smaller scale but
    this is our first time, basically, to be owners on this scale. The money side is definitely a
    challenge. Outside of the cash issue, everything else is normal for us. We know we can do the
    project, but raising the money is the big challenge," Brown added.
    Brown is also working on another project, in Pahrump, Nevada. The town, an hour's drive from
    Las Vegas, recently gave Brown, and Donald Allen Holbrook, a consultant paid also by EMCID,
    thousands of dollars to conduct a study as to the feasibility of building a theme park in that rural
    area. Brown and Holbrook struck a deal with the town board for a study, which Holbrook said
    they should consider either an alien-themed park or a park he called Think Tank!, an
    entertainment project where patrons could drive military tanks through explosive elements. In
    later meetings, this idea was expanded to become "Adventure Springs," described in remarkably
    similar language as the dinosaur-park-turned-EarthQuest-Global-Adventures.
    Pahrunip paid $150,000 to Holbrook and his subcontractor, Contour Entertainment, and signed a
    contract obligating them to give them thousands more if the study showed the area could support
    a park, even if the park is never built.
    Holbrook is a familiar face to many closely associated with EarthQuest.
    In the October, 2007, the EMCID board agreed to hire the Vercitas Group, which is controlled
    Holbrook, as a consultant "for services in connection with the Earth-Quest project." The minutes
    authorized the contract "at a cost not to exceed $25,000 for hourly fees and expenses."
    Holbrook presented to EMCID, and to projects before and since, a dazzling resume of scholarly
    degrees and accomplishments. It's easy to see why Frank McCrady characterized Holbrook as
    11 an expert in the theme park entertainment venue industry and ... is recognized across the
    country as a premier economic development professional. We looked at his credentials and
    discussed his interaction with other cities and counties in which they all had numerous positive
    comments on their projects."
    But the road that Holbrook has traveled, both to New Caney, Texas, and numerous other towns
    across the U.S.A., is a long and winding journey, littered with disappointment and controversy.
    Furthermore, a diligent search by The Tribune of documents, newspaper articles, public filings,
    websites, etc., paints a vastly different portrait of this supposed 'entrepreneur extraordinaire'.
    And it seems that trouble follows Holbrook to almost very town that invites him into their
    community, and their coffers. For example:
    <<PAGE-DIVIDER>>
    Proposed Project - EarthQuest, New Caney, Texas (2007)
    One of Holbrook's first interactions with EMCID was to prepare a site selection report which he
    claimed verified that New Caney had been chosen as a prime spot to develop a theme park.
    Recently, The Tribune asked EMCID for a copy of the 2007 site study. This report purportedly
    selected the New Caney, Texas area over several dozens of other communities throughout
    America as the preferred location for the EarthQuest project. It was presumed that such a study
    would have been prepared by an independent, third-party firm, not affiliated with any of the
    interested parties in order to preclude any conflicts of interest.
    What was delivered to The Tribune was a 177-page report prepared by Baker Leisure Group,
    LLC and being paid for by EMCID at a cost of $125,000. This report makes no mention
    whatsoever of any 'national search' and focuses solely on the Houston area. It includes no
    recommendations as to whether or not EarthQuest should be built, although it does list potential
    strengths and weaknesses in the market. It appears to be a detailed demographic review of the
    Houston region with various pro-forma's based on the early plans for EarthQuest. By any
    account, it is a preliminary report based on preliminary assumptions.
    At this point, the story gets more complicated. The report The Tribune received was not prepared
    on behalf of EMCID, but for Dino Don, Inc. Dino Don, Inc. is a company affiliated with Don
    Lessem, once a consultant on the move "Jurassic Park" and the (now former) Director of the
    EarthQuest Institute. On the cover of the report, Dino Don, Inc. is shown as being represented by
    Don Holbrook of Holbrook Development Company. Nowhere does EMCID appear in the report,
    even though EMCID is the only party risking millions of dollars of taxpayer funds to build the
    project.
    About the same time, Lessem is quoted on the EarthQuest website as stating that "we,"
    presumably the EarthQuest Institute (and EMCID?), engaged Holbrook to conduct a national
    search for a site. However, no national search report has yet been given to The Tribune, as
    requested.
    The foregoing facts present a confused situation that is difficult to grasp. Were there two studies
    conducted? One by Baker Leisure and one by Holbrook? If so, where is the Holbrook national
    search report? If Holbrook did conduct the national study, why would EMCID allow its own
    consultant to prepare the report when the same consultant clearly has a vested financial interest
    in seeing that the project goes forth? The conflict of interests appear obvious.
    So who does Holbrook represent? EMCID, Dino Don, Inc. or himself? Why did he conduct the
    national search report? Why was a third-party not engaged for the study? What parties divvied
    up the $125,000 fee? And last, but not least, where is the national search report that selected New
    Caney, Texas, over all other potential locations in the United States?
    Continuing the Holbrook saga, it seems that Holbrook doesn't travel alone. He clearly has a
    business relationship with Lessem, as mentioned above. He also has strong ties to Contour
    Entertainment, the new developer, according to McCrady [Tribune, Jan. 11] of the EarthQuest
    <<PAGE-DIVIDER>>
    project, replacing Marlin - Atlantis. Holbrook and Contour have teamed up on other proposed
    theme parks in several cities across the country. However, it may prove telling for New Caney
    residents that when officials in Pahrump, Nevada, questioned Holbrook in the fall of 2011 about
    prior theme parks he had completed, Holbrook could not recall a single one.
    Another disturbing fact is that The Tribune has not been able to get answers as to how much
    Holbrook or Lessem were paid by EMCID for his EarthQuest-related efforts. A brief analyis of
    EMCID payments in 2008 and 2009 reveal thousands of dollars spent on airfare, hotels and
    meals for Holbrook to travel to New Caney as well as for EMCID staff and board members to
    travel to Nevada to see Holbrook. Notwithstanding, The Tribune has learned from similar
    contracts made available by other cities in which Holbrook and/or Contour are involved, that
    their contracts are not simple documents for a single stated amount. In fact, quite the opposite is
    true.
    For example, the contract executed with Pahrump, Nevada, to determine if it was a good
    candidate for a major theme park, was initially presented to the public as a $154,000 agreement.
    The primary thrust of the initial contract was for Holbrook and Contour to conduct a survey and
    see if Pahrump was a suitable site. Not surprisingly, the search (conducted by Contour &
    Holbrook) did conclude that Pahrump was a viable venue.
    In later town hall meetings it was disclosed to the general public that the contract was not a
    single-purpose document, but an on-going, multi-phase commitment, with those future phases
    triggered by specific events. Those future phases will commit the city to almost $900,000 in total
    fees as additional phases are completed. Furthermore, the contract provides for "Success Fees"
    should the project be constructed. Contour and Holbrook will receive I percent of all investor
    money raised, and 3 percent of all public funding committed to the project. On a $500 million
    project, the approximate cost of the EarthQuest park, that stipulation could generate a fee as high
    as $10 million+ to the developers.
    Since the Tribune has not received a copy of the contract executed with Holbrook, or the new
    development agreement executed with Contour, it cannot comment on what terms those
    contracts may include. Consequently, it is unknown if similar conditions in the Pahrump contract
    are contained in the Holbrook and Contour contracts with EMCID. The Tribune will continue its
    efforts to obtain copies of the contract.
    But Holbrook's difficulties and inconsistencies don't end with his work.
    Resume Problems
    In the mid- and late 1990's, Holbrook's resume included a master's and a doctoral degree from
    LaSalle University (Mandeville). But LaSalle was raided and closed by the F.B.I. in 1996. In
    2004, the U.S. General Accounting Office determined that LaSalle was a "joke" where
    11 students" simply paid a fee for their "degrees." Holbrook has since removed the degrees from
    his resume.
    <<PAGE-DIVIDER>>
    Subsequently, Holbrook started listing on his resume three new degrees. These included a
    Bachelor of Science in Environmental Studies and a Bachelor of Arts in Urban Economic
    Planning Geography from Wright State University. The third (new) degree is a Masters of
    Business Administration in Technology Management from the University of Phoenix. Holbrook
    further claims, in another resume, to be a doctoral candidate at Walden University. According to
    the National Student Clearinghouse website at National Student Clearinghouse, Holbrook
    did get the geography degree and the MBA but never obtained the bachelor's degree in
    environmental studies or the doctorate.
    The Tribune has inquired of each university to determine if all of the forgoing degrees were
    conferred unto Holbrook. The results of those inquiries will be published upon receipt.
    Holbrook's employment history over recent years is also troubling. He was hired and
    subsequently fired in several locations, mired in controversy. In 1996, Holbrook hired by the
    Port Authority in Red Wing, Minnesota, and terminated in 1998 for questionable spending
    practices, falsifying his resume, etc. In 2001, he was hired by the Lake Havasu Partnership for
    Economic Development but less than two years later, his employment contract not renewed. In
    2004, Holbrook was hired by the Richmond, Indiana Economic Development Corporation but 16
    months later, left in an acrimonious departure after excessive spending, unauthorized
    expenditures and other questonable practices came to light in the local newspaper. In 2007,
    Holbrook hired by EMCID as a consultant to the EarthQuest project.
    Holbrook is clearly a prominent participant in the EarthQuest story, but he is only one of several.
    Future articles will explore the roles of other individuals. There will also be detailed analyses of
    the financial implications that have occurred, and will continue to occur, as the full story of the
    EarthQuest venture unfolds.

  14. #64
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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    1
    IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
    CIVIL DIVISION
    CITY OF HUBER HEIGHTS, OHIO
    Plaintiff,
    v.
    DON ALLEN HOLBROOK, LLC
    Defendant/Third-Party Plaintiff
    v.
    Heather Dobrott, et al.,
    Third-Party Defendants.
    CASE NO. 2012-CV-02947
    JUDGE MICHAEL TUCKER
    MEMORANDUM IN OPPOSITION OF
    DEFENDANT/THIRD-PARTY
    PLAINTIFF DON ALLEN
    HOLBROOK, LLC TO THIRD-PARTY
    DEFENDANT HEATHER DOBROTT’S
    MOTION TO DISMISS FOR LACK OF
    PERSONAL JURISDICTION AND
    MOTION TO QUASH SERVICE OF
    PROCESS
    I. INTRODUCTION
    Defendant/Third-Party Plaintiff Don Allen Holbrook, LLC (“Defendant” or “DAH,
    LLC”) opposes Third-Party Defendant Heather Dobrott’s Motion to Dismiss for Lack of
    Personal Jurisdiction and Motion to Quash Service of Process (“Dobrott Motion to Dismiss”) to
    dismiss the Second Amended Third-Party Complaint (“Third-Party Complaint”) filed against her
    under the holding in Kauffman Racing Equip., LLC v. Roberts, 126 Ohio St.3d 81, 2010-Ohio-
    255, ¶ 74, in which the Ohio Supreme Court refused “to allow a non-resident defendant to take
    advantage of the conveniences that modern technology affords and simultaneously be shielded
    from the consequences of [her] intentionally tortious conduct.” Id. Thus, DAH, LLC asks this
    Court to deny the Dobrott Motion to Dismiss and to quash service of process and to conclude
    ELECTRONICALLY FILED
    COURT OF COMMON PLEAS
    Tuesday, August 07, 2012 3:45:16 PM
    CASE NUMBER: 2012 CV 02947 Docket ID: 17413322
    GREGORY A BRUSH
    CLERK OF COURTS MONTGOMERY COUNTY OHIO
    2
    that this Court has personal jurisdiction over Heather Dobrott (“Mrs. Dobrott”) under R.C.
    2307.382(A)(3) and (6) and that she has been properly served with process under Civ.R.
    4.3(A)(3) and (9) and to conclude that exercising personal jurisdiction over Mrs. Dobrott will not
    violate the Due Process clause of the United States Constitution.
    II. STATEMENT OF FACTS
    DAH, LLC is an Arizona limited liability company registered to conduct business in the
    State of Ohio and also conducts business around the United States of America and elsewhere as
    an economic developer in the public and private sectors. Third-Party Complaint, ¶ 1. Mrs.
    Dobrott resides in Garland, Texas. Affidavit of Heather Dobrott (“Dobrott Aff.”), ¶ 1. Mrs.
    Dobrott concedes that she published statements on the Internet under the user name
    “soapboxmom” regarding DAH, LLC to a Nevada based website at www.realscam.com.
    Dobrott Aff., ¶ 6. Contrary to Mrs. Dobrott’s attestion in paragraph 6 of her Affidavit, there is
    no Exhibit A attached to her Affidavit. Thus, there is no submitted to this Court that Mrs.
    Dobrott has not made statements about Don Holbrook, Holbrook, or Don Allen Holbrook, LLC
    before the City breached the Agreement. Should Exhibit A to Mrs. Dobrott’s Affidavit be
    attached to her reply memorandum, DAH, LLC will respond in a timely manner to any evidence
    therein.
    Mrs. Dobrott regularly and frequently blogs, posts, re-posts, and posts links to
    defamatory, derogatory, and false statements on a variety of websites and blogs, including but
    not limited to defamatory, derogatory, and false statements about DAH, LLC, at least since
    February 7, 2012, if not earlier, constituting cyber-stalking and cyber-harassment, including but
    not limited to, http://pvtimes.com/news/theme-park-c...by-ohio-town/;
    http://www.topix.com/wire/city/huber-heights-oh; http://www.topix.com/wire/city/ pahrump3
    nv?q=u:pvtimes.com; http://blogs.houstonpress.com/hairba...05/Earthquests
    _don_holbrook_sued_huber_heights.php; Discussion about the New Caney Dino Park - Houston Dinosaur Park and
    Kingwood Underground - the heart and soul of our Kingwood, Texas family, regularly and frequently posts
    links on “www.realscam.com” and other websites to postings and blogs written by Third-Party
    Defendant Frank Maurizio, Third-Party Defendant Craig Malisow, Third-Party Defendant
    Cynthia Calvert, and others that include defamatory, derogatory, and false statements about
    DAH, LLC, in order that such postings exploit search engine optimization on websites such as
    Google and other search engine websites so that defamatory, derogatory, and false statements
    about DAH, LLC, go “viral” and are listed at the beginning of any search for “Don Allen
    Holbrook, LLC”, “Don Holbrook”, “Holbrook” or other variations on the name, on internet
    search engines and which postings have been seen and downloaded from the internet by persons
    residing in the State of Ohio. Third-Party Complaint, ¶ 2. Mrs. Dobrott concedes that she
    published statements on her website concerning “Holbrook’s involvement with development
    projects in Pahrump, Nevada and Montgomery County, Texas.” Dobrott Aff., ¶ 9.
    Internet postings by “soapboxmom” on www.realscam.com and other websites have been
    seen and downloaded by persons in Ohio, including but not limited to Shelli Nestle, Steven
    Carne, and Roger Reynolds. See Affidavit of Shelli Nestle (“Nestle Aff.”), ¶¶ 1-2 attached
    hereto as Exhibit A; Affidavit of Roger Reynolds (“Reynolds Aff.”), ¶¶ 1-2 attached hereto as
    Exhibit B; Affidavit of Steven Carne (“Carne Aff.”), ¶¶ 1-2 and attached hereto as Exhibit C.
    All of these negative threads and postings began well before February 28, 2012. Nestle Aff., ¶ 3;
    Reynolds Aff., ¶ 3; and Carne Aff., ¶ 3.
    DAH, LLC entered an Agreement with the City of Huber Heights, Ohio (“City”) to
    perform an economic development business case analysis with the assistance of the City Staff
    4
    and collaboration of the current developer. Third-Party Complaint, ¶¶ 14-20 and Exhibit 1
    attached thereto. The City Council adopted a Resolution on December 12, 2011, approving the
    Agreement and payments to DAH, LLC. Third-Party Complaint, ¶¶ 14-16 and Exhibit 2
    attached thereto. Under the Agreement, the City was to be invoiced a total of $66,000.00, of
    which the City has only paid $53,800.00 leaving an outstanding balance of $12,200.00 owed,
    thereby breaching the Agreement. Counterclaim, ¶ 39.
    The Agreement stated that the recommended “scope of work . . . . would require the
    assistance of the City Staff and collaboration of the current developer to provide information and
    collaborate on conceptual development strategies.” See Exhibit 1 attached to the Third-Party
    Complaint. Donnie Jones, Assistant City Manager, was directed by former City Manager Gary
    Adams to work with DAH, LLC on various incentives and financing models, but failed to do so.
    Third-Party Complaint, ¶¶ 22, 24, 25, 30, 31, 33.
    In an email dated February 29, 2012 to DAH, LLC, Mr. Adams said that he had been
    contacted by a reporter in a city near Houston, Texas, asking if the City had a contract with
    DAH, LLC, which Mr. Adams confirmed, and then Mr. Adams told DAH, LLC in an email that
    it was a “strange conversation”, but that he was not concerned about it because it did not pertain
    to the City. Third-Party Complaint, ¶¶ 12, 26-28.
    At a meeting on March 14, 2012 between DAH, LLC and members of the City Staff,
    including Mayor Ron Fisher and Mark Campbell, a member of the City Council, Mr. Campbell
    said, without any warning to DAH, LLC, that the City no longer wanted a relationship with
    DAH, LLC, did not believe that the City had received any value for the monies paid, and
    demanded a full refund of all monies paid under the Agreement. Third-Party Complaint, ¶ 34.
    Mr. Carne attended an earlier meeting on March 14, 2012, as a member of the Executive
    5
    Board of the Montgomery County Agricultural Society and is also associated with DAH, LLC.
    Carne Aff., ¶ 4. Mr. Carne spoke to Mayor Fisher on March 15, 2012, and Mayor Fisher told
    Mr. Carne that Jim Borland, Acting City Manager (after Mr. Adams), gave Mr. Campbell copies
    of internet research on DAH, LLC and that Mr. Campbell gave copies to Mayor Fisher. Carne
    Aff., ¶ 6.
    On March 30, 2012, before the City of Huber Heights filed its lawsuit against DAH,
    LLC, the following comment was posted on www.realscam.com:
    “Pardon me, but Mr. Holbrook brags of that [sic] 100 projects worth billions that
    created 50,000 jobs, but has yet to name even one of these. I want a complete list
    so I can verify that he was responsible for these lofty accomplishments he brags
    of. His recent projects have been falling through. Earthquest is in bankruptcy
    and the charitable institute part of that project is defunct after Don Holbrook
    walked away with 33% of the almost 1 million raised. Other projects may well
    not go forward as his credentials and accomplishments are being
    investigated.”
    Third-Party Complaint, ¶ 12 (emphasis added). On April 8, 2012, Mayor Fisher told Mr. Carne
    that he wanted to drop the lawsuit against DAH, LLC and walk away. Carne Aff., ¶ 7. On April
    10, 2012, Mr. Carne told Mr. Holbrook about his conversations with Mayor Fisher, including the
    statements about internet research. Carne Aff., ¶ 8.
    III. UNDER OHIO LAW, OHIO COURTS ARE OPEN TO ALL PERSONS.
    As a preliminary matter, this Court must reject Mrs. Dobrott’s implicit argument running
    throughout her Motion to Dismiss that because DAH, LLC is not an Ohio limited liability
    company, it cannot seek redress for an injury it suffered in Ohio in an Ohio court. Mrs.
    Dobrott’s argument is contrary to Ohio law. The Ohio Supreme Court has explained that the
    “courts of this state are, and always will be, as open to a non-resident plaintiff as to citizens of
    this state, provided they meet the necessary statutory requirements imposed by the General
    Assembly.” Howard v. Allen, 30 Ohio St.2d 130, 137 (1972).
    6
    Article I, Section 16 of the Ohio Constitution, the “Open Courts” amendment, is entitled
    “Redress in courts” and states in part:
    “All courts shall be open, and every person, for an injury done him in his
    lands, goods, person, or reputation, shall have remedy by due course of law, and
    shall have justice administered without denial or delay. . . .”
    Emphasis added. Thus, under the Ohio Constitution, Ohio courts are open to “every person”, not
    just residents of the state. R.C. 1.59(C) states that “‘[p]erson’ includes an individual,
    corporation, business trust, estate, trust, partnership, and association.” As the Ohio Supreme
    Court explained above in Howard, a non-resident plaintiff may sue in Ohio courts provided it
    meets the necessary statutory requirements, which in this case is R.C. 2307.382, the Ohio longarm
    statute. Notably, R.C. 2307.382 does not include the word “resident” anywhere to restrict
    who may bring a claim for affirmative relief against a non-resident defendant.
    IV. UNDER OHIO LAW, THIS COURT HAS PERSONAL JURISDICTION OVER
    MRS. DOBROTT.
    When a defendant asserts a lack of personal jurisdiction as a defense to a complaint, the
    burden is on the plaintiff to establish that the trial court has personal jurisdiction over the
    defendant. Enquip Technologies Group, Inc. v. Tycon Technoglass, S.r.l., Greene App. No.
    2010-CA-23, 2010-Ohio-6100, at ¶ 10 (2nd Dist.), citing Jurko v. Jobs Europe Agency, 43 Ohio
    App.3d 79, 85 (8th Dist. 1975). A plaintiff is required to make only a prima facie showing of
    personal jurisdiction to withstand a motion to dismiss. Kauffman Racing Equip., LLC v.
    Roberts, 126 Ohio St.3d 81, 2010-Ohio-255, at ¶ 27, citing Fallang v. Hickey, 40 Ohio St.3d
    106, 107 (1988). Allegations in pleadings are accepted because under Ohio law, “an admission
    in a pleading dispenses with proof and is equivalent to proof of the fact.” J. Miller Express, Inc.
    v. Pentz, 107 Ohio App.3d 44, 48 (9th Dist. 1995), citing Rhoden v. Akron, 61 Ohio App.3d 725,
    727 (9th Dist. 1988) (“. . . an admission made in pleadings dispenses with the need to prove the
    7
    truth of the matter admitted.”). Affidavits, depositions, interrogatories, or other oral testimony
    may be used because matters relating to personal jurisdiction may not be apparent on the face of
    the summons or complaint. Jurko at 85. In considering whether a plaintiff has made its prima
    facie showing, a court must (1) view the allegations in the pleadings and any documentary
    evidence in a light most favorable to the plaintiff; and (2) resolve all reasonable competing
    inferences in favor of the plaintiff. Goldstein v. Christiansen, 70 Ohio St.3d 232, 236 (1994).
    In order for an Ohio trial court to exercise personal jurisdiction over a non-resident
    defendant, it uses a two-step analysis to determine: (1) whether R.C. 2307.382(A) and Civ.R.
    4.3(A) confer personal jurisdiction; and, if so, (2) whether the exercise of personal jurisdiction
    would deprive a non-resident defendant of the right to due process of law under the Fourteenth
    Amendment to the United States Constitution. Enquip Technologies Group at ¶ 10, citing
    Kauffman Racing Equip. at ¶ 28. Ohio courts use this analysis because R.C. 2307.382 and
    Civ.R. 4.3(A) do not confer personal jurisdiction to the limits of the Due Process clause.
    Goldstein at 238 n.1. This two-step analysis applies to cases involving the use of the internet and
    websites. Kauffman Racing Equip. at ¶ 25. Also, this Court may take limited judicial notice of
    website addresses and whether a website is interactive or for informational purposes only. See
    Malone v. Berry, 174 Ohio App.3d 122, 2007-Ohio-6501, at ¶ 13 (10th Dist.). Thus, DAH, LLC
    has the burden to make a prima facie showing to this Court that it has personal jurisdiction over
    Mrs. Dobrott.
    A. A plaintiff makes a prima facie showing of personal jurisdiction by alleging
    conduct to meet the requirements under R.C. 2307.382(A).
    In order for an Ohio court to exercise personal jurisdiction over an out-of-state defendant,
    a plaintiff must allege that an out-of-state defendant, directly or by an agent, engaged in specific
    enumerated activities identified in R.C. 2307.382(A), including the following sections relevant to
    8
    DAH, LLC’s claims for civil conspiracy, tortious interference with contract and prospective
    business relations, and defamation against Mrs. Dobrott:
    (A) A court may exercise personal jurisdiction over a person who acts directly or
    by an agent, as to a cause of action arising from the person’s:
    (3) causing tortious injury by an act or omission in this state; . . . .
    (6) causing tortious injury in this state to any person by an act outside
    this state committed with the purpose of injuring persons, when he
    might reasonably have expected that some person would be injured
    thereby in this state; . . . .
    Emphasis added. To assert a tortious injury under R.C. 2307.382(A)(3) and Civ.R. 4.3(A)(3), a
    plaintiff need only make a prima facie showing that it suffered a tortious injury in the state of
    Ohio by an act or an omission by the defendant. In Kauffman Racing Equip., the Ohio Supreme
    Court concluded that the tort of defamation had been committed in Ohio by a non-resident
    defendant who posted allegedly defamatory statements on the Internet when the plaintiff showed
    evidence that Ohioans had seen these statements on the Internet, thus meeting the material
    element of publication of the comments in Ohio. Id. at ¶¶ 41-42, citing Keeton v. Hustler
    Magazine, Inc., 465 U.S. 770, 777 (1984); Fallang v. Hickey, 40 Ohio St.3d 106, 107 (1988).
    The Ohio Supreme Court in Kauffman Racing Equip. also concluded that “even if” the
    defendant had not published his internet postings within the state of Ohio, the defendant was “not
    shielded from the reach of Ohio’s long arm” statute. Kauffman Racing Equip. at ¶ 43. The
    Court concluded that R.C. 2307.382(A)(6) and Civ.R. 4.3(A)(9) allow an Ohio court to exercise
    personal jurisdiction over a non-resident defendant and provide for effective service of process
    “if the cause of action arises from a tortious act committed outside Ohio with the purpose of
    injuring persons, when the nonresident defendant might reasonably have expected that some
    person would be injured thereby in Ohio.” Kauffman Racing Equip. at ¶ 43, citing Clark v.
    9
    Connor, 82 Ohio St.3d 309, 313 (1998).
    In Kauffman Racing Equip., the Ohio Supreme Court found that although the defendant’s
    publication of his tortious comments did not emanate from Ohio, that the plaintiff made a prima
    facie showing that the tortious comments were published in Ohio, meaning that the tort was
    committed in Ohio. Id., citing Keeton v. Hustler Magazine, Inc., 465 U.S. 770, 777 (1984);
    Fallang at 107. The Ohio Supreme Court reasoned: “Roberts posted his allegedly defamatory
    statements on the Internet, ostensibly for the entire world to see.” Kauffman Racing Equip. at ¶
    42. Because the plaintiff produced evidence that Ohioans saw the defendant’s postings, the Ohio
    Supreme Court found that the defendant’s statements were published in Ohio, the alleged tort
    was committed in Ohio and that R.C. 2307.382(A)(3) and Civ.R. 4.3(A)(3) were applicable. Id.
    Alternatively, the Ohio Supreme Court concluded in Kauffman Racing Equip. that the
    requirements under R.C. 2307.382(A)(6) and Civ.R. 4.3(A)(9) were met when defamatory
    statements made outside Ohio had the purpose of injuring persons in Ohio, then there is a
    reasonable expectation that the purposefully inflicted injury will occur in Ohio. Id. at ¶ 44.
    B. If a Court finds personal jurisdiction under R.C. 2307.382(A), it must next
    determine whether its exercise of personal jurisdiction will comport with an
    out-of-state defendant’s Due Process rights.
    Even if this Court concludes that DAH, LLC has made a prima facie showing under R.C.
    2307.382(A) and Civ.R. 4.3(A), then Ohio law requires a court to consider whether exercising
    personal jurisdiction will violate an out-of-state defendant’s rights to due process of law.
    Goldstein at 235. The due process clause under the Fourteenth Amendment limits the power of
    state courts to enter judgments against a nonresident. Kulko v. California Superior Court, 436
    U.S. 84, 91 (1978). The Due Process clause permits a court to obtain either general or specific
    jurisdiction over a non-resident defendant depending on the nature of the defendant’s contacts
    10
    with the forum state. Kauffman Racing Equip. at ¶ 46. DAH, LLC has not alleged that Mrs.
    Dobrott’s contacts with Ohio have been of a “continuous and systematic nature” for this Court to
    exercise general jurisdiction. DAH, LLC has alleged that its cause of action is related to or
    arises out of Mrs. Dobrott’s contacts with Ohio for this Court to exercise specific jurisdiction.
    Id. at ¶ 47, citing Helicopteros Nacionales de Colombia v. Hall, 466 U.S. 408, 414 (1984).
    Specific jurisdiction is permitted if the defendant’s contacts with Ohio meet the factors
    identified in the three-part test established in Southern Machine Co. v. Mohasco Indus., Inc., 401
    F.2d 374, 381 (6th Cir. 1968). First, a defendant must purposefully avail herself of the privilege
    of acting in the state or causing a consequence in the state. Second, the causes of action must
    arise from the defendant’s activities. Third, the defendant’s actions or the consequences of
    defendant’s action must have a substantial enough connection with the state to make a court’s
    exercise of jurisdiction over the defendant reasonable. Southern Machine at 381.
    When the first two factors are met under the Southern Machine analysis, an inference
    arises that the third “reasonableness” factor is also present. Kauffman Racing Equip. at ¶ 71.
    Among the factors relevant to the reasonableness inquiry are that a state has a significant interest
    in redressing injuries that actually occur within the state and “that a high degree of unfairness is
    required to erect a constitutional barrier against jurisdiction.” Kauffman Racing Equip. at ¶ 72
    (citations omitted).

  15. #65
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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    Mrs. Dobrott’s actions, by
    posting and re-posting her own and others’ defamatory comments about DAH, LLC, specifically
    exploit search engine optimization logarithms on search engine websites so that the negative
    comments appear at the beginning of search results for “Don Allen Holbrook, LLC”, “Don Allen
    Holbrook”, “Don Holbrook”, or “Holbrook”, constituting cyber-bullying, cyber-stalking, and
    cyber-harassment, for the whole world to see on the Internet.
    Holbrook is way out of line with these criminal allegations. Journalists and bloggers researching and blogging about Earthquest, its principles and related issues could not possibly be construed as cyber-bullying, cyber-stalking, and cyber-harassment.

    Anti-SLAPP Law in Texas | Citizen Media Law Project
    Anti-SLAPP Law in Texas

    Note: This page covers information specific to Texas. For general information concerning Strategic Lawsuits Against Public Participation (SLAPPs), see the overview section of this guide. The Texas Citizens Participation Act, H.B. No. 2973, allows you to counter a SLAPP suit against you based on your statements in exercise of your right of free speech, petition, or association. The statute provides for a special motion to dismiss, and allows (with some exceptions) for a stay of discovery proceedings while your motion is being considered. If your motion to dismiss is successful, the court will award you attorneys' fees, court costs, and possibly punitive damages against the party that filed the lawsuit.
    The statute allows for dismissal of suits based on any type of communication, in any medium, that is: related to a "matter of public concern"; or pertaining to or in connection with any governmental proceeding or issue being considered by any governmental branch; or between individuals “who join together to collectively express, promote, pursue, or defend common interests."
    Because the Texas Citizens Participation Act became effective as of June 17, 2011, there is currently no legal authority interpreting the act. If you know about any relevant cases, please contact us.
    Activities Protected By The Texas Anti-SLAPP Statute

    To challenge a lawsuit under the Citizens Participation Act, you must show that it is based on your act or acts of "communication" (defined as the "making or submitting" of any "statement or document in any form or medium") in connection with your rights of association, petition, or free speech. The statute broadly defines these rights:

    • (a) "Right of association" refers to people collectively "express[ing], promot[ing], pursu[ing], or defend[ing] common interests."
    • (b) "Right of free speech" refers to communications related to "a matter of public concern."
    • (c) "Right to petition" refers to a wide range of activities relating to governmental proceedings or issues being considered by governmental bodies.

    Although dependent on your subject matter, the right of free speech is the section of the statute that will most likely apply to statements made online. The statute defines a "matter of public concern" as as issue related to health or safety; environmental, economic, or community well-being; the government; a public figure or official; or a good, product or service in the marketplace. If a lawsuit against you involves online statements on any of these topics, the statute may provide you relief.......

    If you succeed in fending off a SLAPP lawsuit in Texas, you may be able to bring a claim of malicious prosecution against the original plaintiff. While Texas does not have a special form of process for a "SLAPPback" claim, the elements of a malicious prosecution claim are similar. You should consult an attorney to see whether such a claim may be viable in your case.
    The only statement Seeberger seems to be able to find is the following made on March 30, 2012:
    Pardon me, but Mr. Holbrook brags of that [sic] 100 projects worth billions that
    created 50,000 jobs, but has yet to name even one of these. I want a complete list
    so I can verify that he was responsible for these lofty accomplishments he brags
    of. His recent projects have been falling through. Earthquest is in bankruptcy
    and the charitable institute part of that project is defunct after Don Holbrook
    walked away with 33% of the almost 1 million raised. Other projects may well
    not go forward as his credentials and accomplishments are being
    investigated.
    That is completely factual. Texas and Pahrump and a dozen or so other places where Don Holbrook tried to sell his destination theme park nonsense had been looking into him. That is why Holbrook sanitized his website of all those references and declared he wouldn't name the projects. I went to Archive.org, Holbrook's books and his fiery post on Amazon and I researched every claim. I called many of these clients as well and some had no idea who Holbrook was, others said he had only a very minor role in the project (i.e. it was underway before he stepped in and or was completed without him) others acknowledged Holbrook's involvement. This thread clearly documents all that. I guess Holbrook and his attorney didn't bother to read this thread and check the dates. THey also have failed to produce a single false or defamatory statement by any party anywhere.

  16. #66
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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    Attachment 1528

    does place matter

    ANYMORE?... YES, BUT!

    By Don Holbrook, CEcD, FM....

    The East Montgomery
    County Improvement District (EMCID), as part of its
    role in the Greater Houston Partnership, has responded
    to market forces such as those identified in the Mega
    Trends by looking at its market through the eyes of
    investors, with no particular knowledge or affinity for
    its region.

    By following the five steps described next, EMCID not
    only responded to recent economic setbacks such as the
    loss of its own Astro-World Six Flags Theme Park but also capitalized on its strengths of being one of the
    world’s leading energy centers. EMCID’s support for the
    EarthQuest project has given it an entirely new approach
    to recreating the brand of defining the greater Houston
    economy for residents, employees, and visitors.

    “We expect that EarthQuest will uniquely
    fill a need in the US for green housing and
    commercial space. When you consider it
    alongside other, more high profile efforts
    such as MASDAR in the UAE and Dong Tan
    in China, EarthQuest will differ in that it
    will be a practical, cost effective example of
    how to utilize green technologies to
    reduce carbon footprints and also be an
    economically viable multi use master planned
    diverse community. If we play our cards right,
    it could become a standard for
    responsible, practical development in this
    new green economy as well as an
    economic development engine for new
    technology research and development.”

    Dr. Matt Gardner, Chief Scientific Officer
    The EarthQuest Institute, New Caney, Texas

    Frank McCrady, president of EMCID, says “the
    EarthQuest project evolved and has been successful
    because we agreed early on that it would be necessary to
    step outside the box of known realities and take calculat-
    ed risks with private sector partners to define a new real-
    ity that will deliver a future that will be full of new
    opportunities for us and our region and recognized by
    the private sector as a sound investment.”

    In the case of EarthQuest, the EMCID board commis-
    sioned a third party study by experts on this subject and
    then sought additional expertise to review the findings of
    the first conclusive report of findings and recommenda-
    tions. This set the tone for further actions.....

    EMCID created a consultant driven strategy for how
    to fund the gaps in the financial conditions that would
    need to be addressed to attract investor support to drive
    a public-private partnership. This became the crux of its
    foundation for incentives to close the deal, once terms
    could be agreed upon that met economic development
    goals and attracted an investor to support the capitaliza-
    tion of the project.....

    Again, EMCID and its new private investment partner
    created an MOU of agreed upon deliverables, invest-
    ments, and key milestones that would be supported by
    expert advice on how to execute a planned project and
    bring it to fruition....


    In the end, the EarthQuest project created a new state
    legislatively supported Economic Zone to enable the spe-
    cial environment to exist in East Montgomery County to
    allow the EarthQuest project to come to fruition.
    EarthQuest built its investor package by leveraging
    the relationships of the locale, region, and state and
    required a comprehensive mesh of state, regional, and
    local partnerships along with the private sector to create
    economic development project that will meet the
    market needs of the global investment culture.



    “Communities need to be proactive in their
    development of investment opportunities. With the
    continued shrinkage of the planet through transportation and
    communication technology, it is easier than ever to attract
    consultants. These consultants say
    simply “prove what you say” and sup-
    port it with impartial third party
    expert data and research, so my client
    will feel comfortable making this
    investment and then stand behind
    your promises with the right cus-
    tomized incentives that make our
    business globally competitive.
    Today, there is no room for cookie
    cutter economic development poli-
    cies.

    Christopher G. Brown, P.E. President
    Contour Entertainment, Inc.


    In conjunction with a 1600-acre green master
    planned community and a green-theme park which will
    be the largest destination attraction in the country next to
    Disney World, this project will have a huge economic
    impact on the Houston region. It will play a key role in
    key market forces such as site location consultants;
    the process of transforming Houston into the renewable
    energy capital of the world. The overall EarthQuest proj-
    ect has both 501(c)(3) elements and a multi-billion dollar
    private sector element that work in tandem to give
    uniqueness to the overall EarthQuest project. The project
    will have residential, retail, hospitality, entertainment,
    commercial/office, research, education, and manufactur-
    ing elements comprehensively balanced throughout the
    1600-acre economic zone.

    Economic Development Journal / Fall 2008 / Volume 7 / Number 4
    This fantasy filled pile of excrement was published 4 years ago. Holbrook has been shoveling it high and deep for years. The IEDC sits back and cheers him on while he lies to and misleads clients and millions of tax dollars are wasted. The IDEC is a joke as it is clear they do not enforce their code of ethics and discipline their members. Who would trust anyone from that organization under these conditions?

    EMCID has allowed Frank McCrady to run loose and wild and spend money virtually uncehecked. If Frank was in the real world working for a company, he would have been disciplined and fired long ago.

    The taxpayers in EMC have been screwed out of literally millions of dollars by these carpetbaggers. Don Allen Holbrook also absconded with the charity money to the tune of at least $328,000.00 or more and left it defunct with not a single charitable purpose ever accomplished. Much of that money was tax dollars funneled through EMCID and the funds of hard working local business people who got burned by this pipe dream. Numerous local residents that bought into this con game made investments in hotels, RV parks and other businesses that have gone under while numerous breaking ground and completion dates have passed with nary a shovel full of dirt ever moved.

    Holbrook is still parading around the country and desperately looking for more suckers to sell on his destination theme park garbage. Pahrump has been running him out and it is becoming more and more obvious why Huber Heights, Ohio filed suit. That whole contract centered on Holbrook furthering this same destination theme park scam that allows him and Contour to make hundreds of thousands of dollars even if the project is never funded and built.

    In e-mails to Pahrump, Holbrook stated that Earthquest would break ground in December 2011 or early 2012. He also said that Contour had had control of the project as the developer since signing an agreement with EMCID in May 2011. That makes Contour yet another failed developer. After more than a year, they haven't even secured the funds to buy the property. Contour is now babbling about getting a new feasibility study. What part of EMCID doesn't have another dime to blow on this Fantasy Land is confusing for Contour???

    http://www.pahrumpnv.org/images/uplo...14_Backup3.pdf

    I am told that while wallowing in bankruptcy again, his Majesty, the Lord and master of the internet, is still living the lifestyle of the rich and famous. This *******, Don Allen Holbrook, had the nerve to waltz in and empty the coffers with the taxpayers taking 100% of the risk on this blown up Fantasy Land. Then, Holbrook had the absolute gall to turn around and sue the taxpayers and media that dared to speak out. I will work tirelessly to expose the truth and see no more good, honest taxpaying citizens get burned by Holbrook!!!

    Soapboxmom

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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    kuhf houston public radio
    public radio news & information twenty four hours a day from houston, tx


    KUHF Business News
    Tuesday AM April 14th, 2009

    by: Ed Mayberry

    Plans are still underway for an Epcot-styled green theme park, as part of a "green" community here in Houston. Ed Mayberry talked with economic development consultant Don Holbrook for an update.

    The new EarthQuest development will encompass retail stores, an outlet mall, restaurants and hotels, a convention center, office space, a research facility, a zoo — and "green" homes, according to Don Holbrook, president and CEO of the EarthQuest Institute.


    "We're excited about it. I mean, it's — we've been in the process of planning this for six years, so we think the kind of a perfect storm came along and helped us. But we're going to break ground probably next year — first or second quarter of 2010 — with opening planned in 2012, late 2012. My original undergraduate degree was in urban planning and environmental studies. So I joke that I've been a 'green' developer for all my career, which I won't say how many years that is, but it's getting up there now, at this point."

    EarthQuest Institute is a non-profit entity advocating green technologies. The institute is overseeing a planned museum and various education components in conjunction with the “green” vision of this master-planned community, according to Holbrook, who attended a recent forum on alternative energy.

    "We're excited by it. We're hoping that President Obama will get the credit markets opened up! We're not worried about the equity, we're worried about the debt markets! But very excited, we think Houston's a great place for this. It's the energy center of the country. There's no one pixie dust solution for all this. It's a collaboration of all the energy companies and technologies that we believe are going to create the solutions. And so we're excited to be kind of that showcase, to show those off for people here in Houston — to make Houston not only just a huge eco-tourism and green tourism destination in the country, but a great place to come and learn about sustainable energy, clean technologies, energy conservation and see things from around the world."
    The EarthQuest Resort will be located off of highway 59 in New Caney.

    Ed Mayberry, KUHF Houston Public Radio News.

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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    Ohio civil conspiracy law is quite fascinating:

    https://docs.google.com/viewer?a=v&q...z-sW78nEe-m3-Q
    the elements of civil conspiracy

    in Ohio are: (1) a malicious combination, (2) two or more persons,

    (3) injury to person or property, and (4) existence of an unlawful

    act independent from the actual conspiracy. Conspiracy cannot be

    made the subject of a civil action unless something is done which,

    in the absence of the conspiracy allegation, would give rise to a cause of action.

    The unlawful act itself must be accomplished or

    completed before an action in civil conspiracy will lie. [Internal

    citations omitted.] Seminatore v. Dukes, Cuyahoga App. No. 84032,
    http://www.weldinginfonetwork.com/li...MSJGranted.pdf
    In Ohio, civil conspiracy requires plaintiffs to show the existence of “a malicious
    combination of two or more persons to injure another in person or property in a way not
    competent for one alone, resulting in actual damages.” Williams v. Aetna Fin. Co.
    (1998), 83 Ohio St.3d 464, 475. Because conspiracy is not a free-standing tort, plaintiffs
    must also establish the existence of a separate, independent wrong. Wilson v. Harvey
    (Ohio App. 8 Dist), 2005-Ohio-5722, at 41. And that independent wrong must have been
    not a negligent act, but an intentional one. Hicks v. Bryan Med. Grp., Inc. (N.D. Ohio
    2003), 287 F. Supp.2d 795, 813.
    Civil Liability for Conspiracy - Conspiracy
    In order to amount to a civil conspiracy, the parties to the conspiracy have to be aware of the wrongful nature of the act and the harm it may cause at the time of agreement to commit an act[iv]. The intention to achieve an unlawful object is an element in civil conspiracy.

    If no direct act is done in furtherance of the conspiracy, there is no civil liability[v]. A person can bring an action only if some damage have been caused to him/her due to the overt acts of the conspirators[vi].
    A person who was present at the time of commission of an offense need not be liable for the harm caused if it can be proved that there was no agreement from his/her part[vii].
    http://www.niu.edu/law/organizations...ns%2037-68.pdf
    The court explained, “By its nature, tort liability arising from conspiracy
    presupposes that the coconspirator is legally capable of committing the tort,
    i.e., that he or she owes a duty to plaintiff recognized by law and is potentially
    subject to liability for breach of that duty.”29 The court added, “Conspiracy
    is not an independent tort; it cannot create a duty or abrogate an
    immunity. It allows tort recovery only against a party who already owes
    the duty and is not immune from liability based on applicable substantive
    tort law principles.”.....

    Permitting
    a plaintiff to maintain a conspiracy claim against a defendant that does
    not owe him or her a duty magnifies the potential for abuse.....

    Specifically, the court rejected plaintiffs’ “guilt by
    association” theory as exceeding the boundaries of a duty of care.177 The
    court also identified the “burdening of fundamental rights of [free] speech
    and association,” and the punitive and chilling affect allowing liability
    would have
    The civil conspiracy allegation will be blowing up in Holbrook's face. Frank Maurizio and I only became acquainted because of Don Allen Holbrook threatening to sue us both. That happened long after Huber Heights had sent the buffoon packing and demanded a refund. I suppose Sue Seeberger is going to insist we conspired via the use of my time travel broomstick.

    Then there is that conspiracy to write totally factual, well researched articles and posts that we all engaged in. I asked for advice on how to get the Earthquest Institute records that according to the IRS and Texas Non-profit corporation act must be available. Don A. Holbrook is the president and CEO and the one hiding those records. Why don't we discuss the conspiracy between all those involved including Frank McCrady who are concealing said records against the letter of the law. Dr. Matthew Gardner did send those to the EMCID office, so we all know exactly where those documents are housed. No doubt the Ohio judge will open that Pandora's box.

    A conspiracy to perpetuate the truth by all the journalists and bloggers. Diabolical!!!!

    Soapboxmom

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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    Let's take a look at what Don Holbrook said:
    Reality Based Optimist
    says:
    May 15, 2012 at 11:24 am
    Again, all of your statements are factually incorrect. I agree completely with Dr. Waters. Your assessment that EarthQuest is dead is incorrect. In fact, Earthquest has a new developer with a new and better development agreement that is when the funding is finalized going to make the tax payers of EMCID 100% whole.
    The land had to be purchased from the bankruptcy court in order to allow the new developer the right to secure a purchase agreement for the land that he needs for the EarthQuest project.
    In addition, if it had not been for the visionary actions of EMCID to intercede with the BK process and secure these rights for the land purchase and secure a new developer the project would have died with the failed original developer.
    When we see the financing secured and dirt is moving we will believe Earthquest is really coming. Numerous groundbreaking dates have come and gone. Holbrook has been one of the ones proclaiming these fictitious dates. He told Pahrump the new developer, Contour, is buying (present progressive tense) the property in the summer of 2011. He then boldly proclaimed ground would break in Decemebr 2011 or the first quarter of 2012. All fiction and likely a ruse to get in the door there.

    EMCID's Frank McCrady did nothing visionary. At this point the shyster failed developers, who didn't pay what they promised, are the only ones who can repurchase the Earthquest property. How stupid is that? Of course, Friendswood is laughing. They already announced their intention to build homes on the property when the option to purchase it isn't exercised in the next 18 months.

    All of this was factually explained to the town board prior to any vote on their own desire to consider the development of a major destination attraction for Pahrump. We have never proposed a theme park. In addition, my role in all of these projects is to give advice on what incentives can or should be considered to attract the private sector investment necessary to fund the construction of such projects. I do not do my opinions based on the success of projects getting funded or upon the success of the developer hired by the public sector. My job is to create a recommendation for how to best engage the public-private partnership. That does not mean that all my clients adhere to my advice. EarthQuest is going through a transition from the failed developer to a new developer… many projects during the greatest financial crisis of my lifetime have had to do the same types of mitigation. That does not mean the project has failed.
    Holbrook has claimed he advised EMCID against using the failed developers Marlin Atlantis, but interestingly, he had no problem working for them and accepting hundreds of thousands in payments from them while simultaneously working for EMCID, the charity and bringing in armies of his fundraising and other professional services buddies. Holbrook had his hands in numerous pies.

    In addition, the statements and libelous comments made by Heather Dobrott and Mr. Frank Maurizio were not constructive and were not valid… they were misrepresentations on purpose in order to harm my professional reputation and thus illegal. Those types of comments are not protected by the first amendment.
    Truth, facts and opinion are not actionable. Holbrook's frivolous suit is drowning him in negative publicity and exposing lots of information he would much rahter had not been dug up and splashed everywhere on the internet. My postings routinely go viral and top the search results!
    With regard to Huber Heights I am counter suing them for breach of contract as they have no basis for their claims and they are using these tactics to avoid paying their legitimately owed bill for our final product and have taken our intellectual property without paying for it. Therefore we are going to deny any validity to all their claims and sue them for damages. I know why they made such an unprofessional breach of their contract and it will come out in court just what was actually behind this very poor business decision on the City of Huber Heights part, and it had nothing to do with my professional work product and nothing to do with any of their allegations.
    Holbrook is clearly delusional and having conspiracy theory fantasies filling his pitiful little mind. There was a ton of information on the internet in 2011 before Huber Heights signed the contract. Holbrook was fired by Red Wing and Wayne County. His reputation couldn't have been made worse than it already was. Holbrook really started getting skewered after he started threatening everyone on the planet that dared discuss Earthquest and Pahrump (matters of public concern / where tax dollars are being spent) which happened after Huber Heights had shown him the door.

    The people of Pahrump are in need of more jobs and building additional tourism is a very successful method to achieve those goals that the town board has for their constituents. But in the end, I am not the developer and I am not the financier. I am a public-policy specialist that has given them my opinion on the economic development issues that need to be addressed if they choose to move forward and create jobs and build additional economic benefits for their residents.
    Earthquest created no jobs except for Holbrook getting his 1.2 million + and his buddies getting hired for various a sundry things. The people of Texas have nothing to show for it but 21 million in bond money that must be satisfied. Certainly, with this apparent failure there is reason for Pahrump to appraoch Holbrook cooked up plans with extreme caution.

    In addition, Mr. Maurizio has stated falsely that our report to the Town of Pahrump was lifted from the EarthQuest project and that is a complete false statement and a accusation of dishonesty. Perhaps he should have taken my letter of warning I sent him more seriously. He should have been legally counseled on the damages of calling someone a liar and dishonest business person are when you do so intentionally and with the intent to harm someone’s reputation and economic livelihood with malice and specific purpose. I took the high road and sent both of these libelous bloggers warnings, both of which ignored them and choose to purposefully continue to spew misinformation, resorted to name calling, creating a negative image of my persona and professional work product and even attacked my reputation with my industry association colleagues and my social affiliations with allegations. That does not sound like the methodology or decision making process of what most of us would consider appropriate actions. If other people had experienced this type of hatred online that has been directed at me and my family and now my clients, they would more than likely have taken the same appropriate actions as I have done.
    Holbrook is a self-created monster. His hideous attacks on taxpayers on the Pahrump Valley Times, Houston Press, Kingwood Underground and more tell the story. He viciously went after taxpayers in pahrump who were not supporting his destination theme park crap. He then attacked everyone who dared to speak out and threatened to sue all those who commented. He has since filed said frivolous harassment suit. I intend to see the whole world is well aware of Holbrook's lies and treachery. I will fight to the death to preserve the right to free speech!
    Your portrayal of my reorganization bankruptcy was completely not factual as well. You obviously have no idea how such business matters work. My BK was a reorganization because I got stiffed for my final payment by Earthquest, which I was told was forthcoming by the developer. I made the decision to pay my IRS tax bill with that payment and when it did not come I could not mitigate the tax ramifications and workout a payment with the IRS unless I was under this Chapter 11 reorganization plan. There is nothing deceitful about creating a repayment plan that I could adhere to with my income that was available to me and predictable. My speaking, books and consulting projects are not predictable. Therefore the only longterm retainer for work I was able to use was the work I was contracted to do for EMCID. That does not mean that I did not disclose all of my income appropriately as you have stated. You again are factually wrong. Please leave me, my family and my clients alone. People who get online and spew such hatred are in my opinion mentally off and socially unbalanced. In my opinion Heather Dobrott and Frank Maurizio have some type of anger issues that they themselves need to deal with and quit blaming your hatred for your own lives on others. I am sure you have enough problems of your own or shortly will have in my opinion.
    From Holbrook's bankruptcy:

    1

    INTERNAL REVENUE SERVICE
    110 CITY PARKWAY
    LAS VEGAS NEVADA 89101
    INTERNAL REVENUE SERVICE
    P.O. BOX 21126
    PHILADELPHIA PA 19114-0326
    Phone: INCOME TAX $ 113,500.00
    2
    INTERNAL REVENUE SERVICE
    OGDEN UTAH 84201-0030
    INTERNAL REVENUE SERVICE
    OGDEN UTAH 84201-0030
    Phone: INCOME TAX $ 28,400.00
    5
    INTERNAL REVENUE SERVICE
    P.O. BOX 7346
    PHILADELPHIA PA 19101-7346
    INTERNAL REVENUE SERVICE
    P.O. BOX 7346
    PHILADELPHIA PA 19101-7346
    Phone: INCOME TAX $ 6,300.00
    1. Income from employment or operation of business
    State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the debtor's business, including
    part-time activities either as an employee or in independent trade or business, from the beginning of this calendar year to the date this case was
    commenced. State also the gross amounts received during the two years immediately preceding this calendar year. (A debtor that maintains, or has
    maintained, financial records on the basis of a fiscal rather than a calendar year may report fiscal year income. Identify the beginning and ending dates of
    the debtor's fiscal year.) If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must
    state income of both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
    None
    AMOUNT SOURCE
    Year to date: $74,997.00 East Montgomery County Improvement Distric
    Last Year: $99,996.00 EMCID
    Year before: $90,000.00


    So that equates to:
    $90,000.00 for 2009
    $99,996.00 for 2010
    $74,997.00 for 2011
    up to the filing date????
    __________________________________________
    EarthQuest 2009 bond sale: where did tax dollars go - Monday, April 30, 2012 - Copyright 2007 Ourtribune.com
    EarthQuest 2009 bond sale: where did tax dollars go……
    Third, Don Holbrook, consultant, was paid an eye-popping $773,963.43 out of the bond proceeds. Holbrook is truly a consultant extraordinaire, capable of walking on both sides of one street at the same time. That is, despite the obvious conflict of interests, he represented both EMCID and the Developer Group as their respective consultants on EarthQuest.
    In an email dated April 18, 2012, McCrady acknowledged to The Tribune that EMCID had retained, and paid Holbrook, as its consultant, the sums of $27,000 and $277,000. Out of the 2009 bond proceeds, Holbrook was paid $273,963.43 by EMCID for work on tax incentive and legislative matters. EMCID subsequently paid him an additional $500,000 (as the Developer’s consultant) as a finder’s fee for the EarthQuest site.
    Consequently, Holbrook has been paid more than $800,000 by EMCID, presuming the $277,000 and the $273,963.43 mentioned above refer to the same fee. Furthermore, while Holbrook was carting off EMCID’s bank vault, he and his merry band of minions were also plundering the EarthQuest Institute for every dime it had received. Under the auspices of EMCID, Holbrook alone stripped out at least $328,255.00 from the Institute. (For details, see The Tribune article dated April 4, 2012). Altogether, it appears that Holbrook received, from EMCID and the Institute, upwards o $1,200,000 for his various, if not nefarious, EarthQuest activities.
    The level of compensation paid to Holbrook is beyond any rational explanation, let alone comprehension. What possible justification can the EMCID leadership and board make to its constituents that Holbrook was deserving of these unwarranted, outrageous, indeed, unbelievable sums of money?
    Holbrook's taxes are a whopping $148,200. So, he was expecting some hefty payments from the Earthquest project to completely satisfy those. Think about the hundreds of thousands he was raking in from the tax dollars of everyday families struggling to make ends meet. Sickening! And, think about what that buffoon has admitted in his angry rant and bankruptcy filings. Holbrook admitted his books, speaking engagements and consulting projects make him little and were unpredictable. He was making his living off of Earthquest since 2007. Even though he made over 1.2 million from Earthquest, he claimed incomes of less than $100,000 per year to the IRS. I still want to know how a guy could be claiming $90,000 in income in 2009 when the hundreds of thousands in bond money landed in his lap. How does a guy making $90,000.00 afford a private school that is $20,000.00 a year for his high school aged son and tour Europe that summer? Holbrook has sure lived the life of a king on the taxpayers dime!!!

    Soapboxmom

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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    Reposted from houstondinopark.com
    Very interesting comments by Don Holbrook - Economic Development Representative of EarthQuest

    Comment by: Don Holbrook on Mar. 9th, 2012
    With regard to all the rumors and unjust comments about EMCID and Frank McCrady, I can truly say this about the entire situation:

    Just because John Marlin as the original developer failed to perform does not mean he did so with malicious intent. I believe we experienced and most Americans still are experiencing one of the worst global financial crisis in most of our lifetimes. He simply was trying to do this and did not know the economy would tank and thus his investors ran for cover as did thousands of other projects across the globe... Almost every city, town and region has faced this same scenario. Many with no hope of turning their plight around.

    But not EMCID, led by Mr. McCrady. EMCID looked at it strategically and said if we are to improve our local economy we have to focus on being a destination in our region. They diversified and began working on more than just EarthQuest to build visitor draw and ancillary and complimentary tourism projects that employ people, fill hotel rooms, buy gas, food and other things. These efforts diversified their risk and made them not so dependent on just the success of EarthQuest. Those actions are now bearing fruit... Wake Boarding is hugely popular and will attract residents from all over Houston to EMCID territory to spend money and guess what employ people. Then they attract the worlds #1 Firearms Training Institute to build their new $25M plus state of the art world headquarters to EMCID besting out San Antonio for the project, which attracts over 25,000 trainees from around the world on NV and they expect to do over 60,000 in Texas. Those create nearly 300,000 room nights, consume food & beverages and buy gas and other retail items while in EMCID territory.

    Not a bad outcome considering the great economic transition we are in. But I'm not skipping EarthQuest. EMCID once Marlin made them award he couldn't perform began making plans for how to mitigate Marlins lack of performance. They did not sulk or stick their head in the sand. They asked Chris Brown, one of the worlds foremost theme park designers to consider becoming the developer. He accepted the challenge and began planning the mitigation. He began by updating the business model so it would be valid in the post 2008 economic meltdown. Then he started building an astute board of advisors from the theme park industry and raising capital so that he could do the most important first step, regain site control once the Bankruptcy Court and the Bank were willing to allow such actions. This was controlled not by EMCID or Chris Brown but our judicial system.

    Meanwhile EMCID strategically made all the right moves to protect the project so it could move forward. They positioned their interest in the land at no additional cost so they could provide Brown the new developer with an option to purchase the land from the BK proceedings. They clawed back all intellectual rights to the project and wrote a new and much stronger new development agreement requiring the new developer to license the Intellectual Property for a fee that would be enough to pay off the public investment in the project.

    Most important they remembered that Marlins failure did not mean the project was not viable. Three different world renowned theme park experts all agreed Houston is the best market in the central time zone for a major Theme Park. So EMCID made sure the project would continue to move towards successful opening even if the developer failed. In my opinion EMCID and McCrady did their job excellent and because of their actions, someday soon Greater Houston will have one of the greatest theme park attractions in America. EMCID's strategic vision and perseverance will prove to have been strategically well executed and produce exceptional economic outcomes for their constituents. I feel so sad that these good people have endure such horrible abuse from some in the general public while doing their peers such a great outcome. Now that the Marlin scenario is beginning to settle out EMCID is moving forward just as it appears the economy is beginning to invest again. I know they will do excellent. I also believe Chris Brown deserves our full support as he works hard to get a great project back on track.

    Comment by: Don Holbrook on Mar. 9th, 2012
    Slander and defammation are easy to do and show the lack of intelligence of those that smear others with no regard for facts. Factual analysis that is not jaded requires intellect. I have found these comments to be wildly unfactual.

    Here are some facts. Since you all enjoy googling so much. Find one failed project, one customer complaint, or any factual misconduct that is not just bloggers or hyperbole. You can't. They don't exist because I have done excellent projects, well over 100 and those projects have employed over 50,000 hard working Americans. These outcomes led my International Association of peers the international economic development council, made up of over 5,000 professionals to award me their highest honor of Fellow Member in 2008, for excellence in the profession and lifetime achievement. Less than 1% of my peers will ever win this award. Furthermore, projects of great magnitude take time to unfold and often face set backs, but they work through them and eventually succeed. Then everyone cheers how wonderful, and they claim they always supported it. Truth is great projects take vision, perseverance and thick skin to tolerate all those that lack such qualities. Almost forgot most people also overlook that I am the #1 author in my industry worldwide, #1 keynote public speaker world wide in economic development and one of the most sought out public policy consultants on economic development in the world. Communities seek me out I don't sell myself through marketing and advertisements but through word of mouth testimonials and references from satisfied clients... That is how I make a living, advising my clients on the best course of action to achieve the problem or opportunity they have asked me for advice on.
    These posts have long since disappeared from the dino park forum, but are archived elsewhere. Perhaps, Holbrook would like to tell us again about the updated business model, names of the theme park industry experts on this board of advisers (which I am positive is a figment of his imagination,) and the amount of capital raised to fund this clunker. Who are the investors that are stupid enough to "pay off the public investment in the project" i.e. his wild spending sprees? Is Holbrook prepared to substantiate all this in discovery?

    EMCID clawed back the intellectual property rights from whom? We have been told it was Don Lessem's baby and he wanted the rights back by 2014. We have been told EMCID has the rights and then we have also been told Contour had the rights and wouldn't cooperate with Don Lessem's demands. Who really does have them? Where is the documentation on this? More fodder for discovery no doubt!

    If Holbrook is one of the most sought after public policy consultants on economic development in the world, then why does his bankruptcy show EMCID as his only source of income? And, why is his income always below $100,000.00 a year if he is beating off the clients and has had so many successful projects? There is some really funny math going on here!

    Holbrook certainly knows how to best advise his "clients on the best course of action to achieve the problem." We certainly do have a problem and Holbrook is making quite a handsome living off of the taxpayers of Texas! Holbrook / his LLCs were paid at least 1.2 million dollars from 2007-2010. 2.5 million was blown by EMCID from the regular budget and the taxpayers are on the hook for 21 million in bonds that must be satisfied. This is a disaster of Jurassic proportion. It is time for some serious digging!

    Soapboxmom

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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    https://www.facebook.com/pages/Earth...e/224584770416
    EarthQuest Institute

    4 hours ago

    Hello Everyone,

    I wanted to give you all my assessment of the situation with regard to EarthQuest Institute and the connection with the now reorganized EarthQuest Adventures Theme Park project.

    First, Dr. Matt Gardner and myself (Don A. Holbrook) have not been formally affiliated with the project since 2010. That is because the Non-Profit lost it's financial support from EMCID, and could no longer pay us for our time spent on the project. When this occurred the former staff ceased all fundraising efforts seeking clarification on how to progress EQI, but did not get any direction from the Board of Directors. In fact, Dr. Gardner, Myself and another staff member continued to perform our contractually obligated services at the request of EQI and EMCID and we have not been paid after almost two years for our time, which was deferred under this promise of payment. Finally, the former staff resigned and have awaited our final compensation now for over two years. Therefore, while we as the former staff remain very supportive of EQI, we cannot represent them or respond to requests for more information uncompensated for our time.

    At this time, the original board of directors no longer exists or is not functional. Leon Cubillas the EMCID Chair was unelected, so I believe according to the formation by-laws the new Chair Person of EQI is Connie Bloodworth of EMCID. The developer also required as a minimum board member John Marlin no longer controls the Global EarthQuest Adventures Theme Park project and it would be my understanding that now Mr. Chris Brown the new developer (Contour Entertainment) would automatically become the 2nd board member of the three required. Mr. Don Lessem the original creative idea and founder has the third seat by rule of the formation and by-laws but he has formally resigned and does not want to be responsible for EQI debts and/or mission any further. That seat will need to be filled by EMCID and Contour.

    All the files related to the EQI have been turned over to the Federal Government until EMCID and the remaining board members can take corrective action to address the EQI debts and on-going concerns.

    Please do not reference the former staff, who were paid to manage the Board of Directors ideas for how to progress EQI as part of the basis for why EQI is not functioning or responding to the media. This is squarely the results of the original board of directors not fulfilling their obligations to provide adequate funding for the EQI and payment of their obligations that they agreed to provide to the former staff for undertaking and carrying out their instructions.

    Furthermore, EMCID and Contour have both stated to me that once the new theme park project gets funded that EQI is going to be addressed and brought forward again in connection with the for profit project as a major element of the projects vision for a sustainable message underlying the fun elements of the theme park.

    We wish EQI nothing but good luck, and we believe the original message and mission is still very valid and critical. In our opinion, without the support financially of EMCID and the developer well documented and carried out the fund raising was not adequate enough to maintain the mission. It can and should be a major contributor to the theme park mission and message once that is viable. In fact, it is my understanding that the current developer and EMCID have formally planned on including EQI in their new development agreement, but the former staff has not been apprised of how our deferred compensation is going to be addressed as of this date. We have been assured by EMCID that our unpaid time will be addressed that EMCID will make sure that we are fully paid at some point. We feel we have been more than patient but would like a definitive time for who and how we are going to get paid.

    We just recently were informed of yet more media requests related to EQI and at this point we feel it is most appropriate that any such information requests should be addressed to EMCID in the future. They were the organization ultimately responsible for the formation of EQI and funded the first two years of operation and EMCID has control of the development agreement with Contour with regard to the themepark, so they are the best point of informational contact on this matter.




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    Is Don Holbrook saying the IRS has seized the records? Does he really think the taxpayers are going to throw any more money at this ridiculous deal???

    I was told by Matthew Gardner that he had sent the records to EMCID care of Frank McCrady. Frank and that attorney David Marks can bite me. I am tired of the run around and BS! I want the public records made available immediately as required by law!!!!

    I would suggest that Don Holbrook take appropriate action to get his name removed from all the charity's official filings. Until it is removed, I will be demanding the paperwork from him as he is the CEO and president. Since Holbrook is chasing me around in court, I will be requesting that and lots more in discovery. I intend to get everything but his used toilet paper!! Glad to know he is being hounded about this.

    Soapboxmom

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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    TheNiche


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    Posted Today at 11:09AM
    I'd say something specific about the players involved, but don't want to be thrown in with all the litigation.

    Suffice it to say, if I were a hypothetical key employee of a failed entity that owed its existence to a government entity acting as angel investors, and my entity's business plan sucked and serious allegations had been made of impropriety on my part, then I would not be making a fuss about not getting paid even more money from the investors. I would not be deferring blame to the investors at all. I wouldn't be citing hearsay from them or about them to the public or the media. I'd be making as few waves as possible. I'd try to get on with my life, probably in a different city doing something very different. I might even consider seeking a legal name change.

    That's just what I would do. It's just one man's opinion. (This statement is not intended as legal advice and should be strictly construed within the limits of the hypothetical scenario that is proposed with limited applicability to complex real-world situations.)




    "Forgive him for he knows not what he does. On the other hand, maybe he does know." --Frank Zappa
    Holbrook doesn't know when to stick a sock in it!!!

    From: David Marks [mailto:dmarks@marksrichardsonpc.com]
    Sent: Friday, February 17, 2012 3:08 PM
    To: Dobrott, Heather; leon.cubillas@att.net
    Cc: fmccrady@emctx.com; sparmer@emctx.com
    Subject: RE: Earthquest Institute Information Request

    Ms. Dobrott

    This firm does not now and had never represented Earthquest Institute or The Institute Earthquest, and therefore does not have access to any of the records you requested.

    David

    David M. Marks
    Marks Richardson PC
    3700 Buffalo Speedway, Suite 830
    Houston, TX 77098
    Phone 713.942.9922

    From: Frank McCrady [mailto:fmccrady@emctx.com]
    Sent: Friday, February 17, 2012 4:14 PM
    To: Dobrott, Heather
    Cc: David Marks; Leon Cubillas
    Subject: RE: Earthquest Institute Information Request

    Heather,

    Earthquest Institute is a independent nonprofit corporation not under control of EMCID and as such neither I nor EMCID have access to its documents.

    Frank F. McCrady
    President/CEO
    East Montgomery County Improvement District
    P.O. Box 1019
    New Caney, Texas 77357
    281-354-4419

    From: Dobrott, Heather [mailto:heather@dobrott.com]
    Sent: Thursday, February 16, 2012 4:45 PM
    To: leon.cubillas@att.net
    Cc: Frank McCrady; Suzanne Parmer; dmarks@marksrichardsonpc.com
    Subject: Earthquest Institute Information Request

    This request is made under the Texas Public Information Act, Section 552 of the Texas Government Code. In accordance with the law, which requires that the “Officer for Public Records shall promptly produce such information for inspection or duplication, or both, in the offices of the governmental body,”

    The Texas Non Profit Corporation Act says:

    Art. 1396-2.23A. FINANCIAL RECORDS AND ANNUAL REPORTS. A. A corporation shall maintain current true and accurate financial records with full and correct entries made with respect to all financial transactions of the corporation, including all income and expenditures, in accordance with generally accepted accounting practices.
    B. Based on these records, the board of directors shall annually prepare or approve a report of the financial activity of the corporation for the preceding year. The report must conform to accounting standards as promulgated by the American Institute of Certified Public Accountants and must include a statement of support, revenue, and expenses and changes in fund balances, a statement of functional expenses, and balance sheets for all funds.
    C. All records, books, and annual reports of the financial activity of the corporation shall be kept at the registered office or principal office of the corporation in this state for at least three years after the closing of each fiscal year and shall be available to the public for inspection and copying there during normal business hours. The corporation may charge for the reasonable expense of preparing a copy of a record or report.
    D. A corporation that fails to maintain financial records, prepare an annual report, or make a financial record or annual report available to the public in the manner prescribed by this article is guilty of a Class B misdemeanor.

    Also certain disclosures are required by the IRS, therefore I respectfully request access to the following information:
    All records of the Earthquest Institute or The Institute Earthquest that are required to be publicly available including, but not limited to financial records, records reflecting the activities of the charity as outlined on its website EarthQuest Institute - Programs, a list of the currently active managers and board members of the Institute, information relating to Dr. Gardner’s proposal to house the Institute on EMCID property until it could be moved to the theme park, filings with the IRS or State of Texas and any other information concerning fundraising or activities of this charity.

    Thank you for your kind help. Please make the records available to me via e-mail and or publication on the charity’s website.

    Thank you,

    Heather Dobrott
    Pass the buck is sure working out swell isn't it? After Holbrook dumping the Earthquest Institute debacle in Frank McCrady's lap, I assume McCrady won't be kissing his rear any longer. I also suspect that Holbrook will not be invited back for more dips into the tax dollars he and McCrady have so freely blown.

    Why is McCrady not on the chopping block? How many hundreds of thousands did McCrady promise Holbrook? How many more $185.00 hours should the taxpayers have to fund? Holbrook has no experience running a non-profit. Look at Bobby Schindler who is paid only $17.00 an hour to work for the wonderful charity he runs. What a dino disaster!!!

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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    draino --- 1 hours ago - quote - hide comments Soap Box Mom;

    You seem to be deranged and self-absorbed with your own ideals in my opinion, of what is going on in situations and never even consider the other side of situations.

    I don't know why you think you are the judge, jury and executioner in matters of legalities, but your ideas and comments are absurd and vigilantism went out with the wild west,

    For example tactical situations in matters of the law are that you don't even consider that perhaps the other sides attorney's cut deals with Holbrook to settle out of court. Secondary to that in my own opinion, he is probably cutting loose and settling with them to focus on you and your cyber thugs and bullies as a major focus... he surely does not have any intent on letting you off the hook. Even if you manage to avoid him in Ohio he will probably just sue you in Texas for your defamatory comments. He certainly did not dismiss you, Cynthia Calvert or Frank Maurizio and rumor has it the PVT settled to avoid litigation at least that is what is being stated in Pahrump. Lastly, I would wager that he will be relentless in his pursuit of you for your hounding of him and his family and trying to ruin in livelihood. Quite candidly you deserve to get your trap shut up... we are all tired of listening to you. I know you like to listen to yourself and you seem to have nothing better to do than to torment Mr. Holbrook, but get a life! Really you are so self-absorbed and righteous in your statements it sickens most normal folks. I read that he posted a pretty good outline of what went on with EQI and that does not seem like someone trying to avoid telling the story, he is smart not to respond to you, you would only attack him more and then blast all his clients and past clients with your negative blather. You are in my opinion one sick individual.

    You fail to mention in your comments that the Judge ruled against Huber Heights on 2 of their motions and dismissed two claims and told the City they had until next Monday to produce some factual evidence of their other claims... so I think Holbrook is actually on the momentum of winning not failing in his case. I'd watch out according to my sources he has won all his previous suits and you may just be next in his legal sights. Why don't you admit you have no evidence of your statements and apologize to the man and get your own life back and allow him to do the same? Your bad kharma will only bring you pain and emotional distress because what we sow we reap.

    draino --- 1 hours ago - quote - hide comments BTW:

    Rumor has it that the Houston Chronicle may be doing an expose on EMCID and that people are coming forward to tell the behind the scene antics of the new board and past board and what they don't want the public to know about.

    The new board and their new Chairperson Connie Bloodworth and Vicki Floyd have already created legal problems for EMCID in their own righteous indignation of promises and contracts they have broken and/or not honored... as a public agency you would think folks could trust EMCID to do honorable business but apparently they do not honor their obligations. EQI is just one example of them purposefully avoiding their own responsibility as the organization that enabled the creation of it and paid for the majority of the staff fees the first two years... they also promised the staff that they would make sure they were fully paid for their time if they continued to work but now according to the FB post they have selective memory on these topics.

    Not very good when you can't trust EMCID to pay their promised financial obligations and then shameless for the EMCID board to place the scrutiny on the unpaid staff of EQI for responding to the media and government on these matters. EMCID's chairperson was the chair of EQI by nature of a guaranteed board seat in the organizing charter according to the FB post.

    Looks like statutorily compliant corruption is alive and well in Texas as well. EMCID should do the right thing by the vendors and former staff of EQI and pay the account current and let the new board and EMCID decide how to go forward instead of letting all those folks get stuck with the bill, that EMCID helped to create. SHAMELESS!

    That comes from a good source I have in the area that is in the media business.

    Let me guess. This is Holbrook having yet another meltdown.

    I think Holbrook dismissed numerous parties because it was obvious to his attorney they had no legitimate case against them and the case could possibly be turned around on him. Supposing the parties settled out, just what did Holbrook get? The Houston Press articles and comments still stand. I haven't noticed the Pahrump Valley Times removing anything either, so do tell us what this brilliant strategy accomplished other than making Holbrook look even more foolish and foolhardy???

    Really choice calling the beleaguered tax payers "cyber thugs." How charming! And, now that Holbrook has sued me he really has my attention and I will be focusing on his antics with great interest! He single-handedly ruined his own livelihood with his years of threats, exaggerations and outright lies.

    EMCID, read Frank McCrady, should never have agreed to throw hundreds of thousands of taxpayer dollars to that silly charity, the Earthquest Institute. There was no legitimate reason I can see for that fiasco to be funded largely by tax dollars. EMCID had no choice but to end that gravy train. Earthquest is not likely to happen and those are taxpayer dollars that will have been completely wasted. Cry about the $185.00 that buffoon was paid? I think not! Even if he was paid for only half of the hours he worked that is way too much to pay someone running a charity (especially when that individual has no experience doing so.)

    Holbrook has won a case where he clearly according to the meeting minutes was fired for falsifying his resume. Red Wing, unfortunately, had a contract with him that did not give them the authority to fire him in the manner they did. Holbrook has denied falsifying the resume even though the Red Wing meeting minutes clearly document his shenanigans. If it was such a stunning victory then tell Holbrook to publish in their entirety all the court documents from that case. They were old enough that I could not purchase them, though I already know where to request them if the case we are currently fighting makes it as far as discovery. What does he have to hide?

    I do not believe EMCID should pay Holbrook another dime. And, who is actually so far gone as to believe Earthquest is going to move forward? Chris Brown had his 90 days to formulate a new business plan and did not attend the meeting. Everyone in the know has figured out it is completely extinct. The board is no longer discussing it because they have long since moved on. It is now clean-up the disaster time. With Holbrook's latest missive attacking EMCID, I think even Frank McCrady will part ways with him.

    If Holbrook had to respond to the government, then it is possible the IRS and/or Texas Attorney General's Office demanded the paperwork for the silly charity that blew through1.4 million dollars whilst not doing and of the charitable activities promised.

    Everything here is truth, facts and opinion only. I will never apologize to that lying and threatening goon.

    Soapboxmom

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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    pantherdadx2 --- 55 min ago - quote - hide comments (lolx2).that's Fat turd Loud Mouth (pantherdadx2) for your information Donnyboy, I mean draino. C'mon, you can do better than that. Fortunately, I don't have too much time to respond as I have a life and do something constructive with it. When I'm finished at the end of the day, I can actually stand back and LOOK at my work product, unlike the product Mr. Holbrook puts out. Well, I take that back, you can look at garbage printed on paper, much like EarthQuest and the EarthQuest Institute Charity (what a joke)! I might be a loser in your opinion, but I've never been in a courtroom or had to answer to a court to explain why I should be paid for my work product. Don Holbrook is currently reaping what he has sown himself. Too bad. He should get a job, get up in the morning, and actually accomplish something others besides himself and his family can be proud of. It's a great feeling, I can speak from experience. As far as Soapboxmom goes, she can't shut down every thief, but she sure as hell helped shut down the continued thievery of taxpayers money from EMC! (global economic crisis)- a term Holbrook has used in previous publishings and comments, which leads me to believe draino is an alter ego or someone posting for him. I'm guessing right about now he could use an industial-strength drum of draino to unclog the pipeline that WAS feeding his bank account. You know, that non-profit (LOL) called the EarthQuest Institute.
    u uic --- 17 min ago - quote - hide comments Mr Holbrook should be happy he stole money and got away. Only reason he is mad sbm stopped him stealing from others. How much money do you need dude? To be happy...
    draino --- 2 min ago - quote - hide comments You folks are just crazy and absurd. Mr. Holbrook never stole anything that is why SoapboxMom is so full of crap. EMCID, EQI, Lessem and Marlin hired him to do work for them in fully disclosed contracts. Your accusations are clearly aimed at the wrong culprits, and that is why he is suing Soapboxmom and that is why others with some intellect know your blatherings on here are full of crap.

    As for Soapboxmom, she must just be so ugly that she has to hide in her house and gain attention by attacking folks over the internet. She obviously craves attention even if it demonstrates her absurdity and lack of IQ in common sense. She is so desperate for attention she has to act out like this which is totally inappropriate (sorry Pantherdad) I will use smaller words so you can understand them.

    Perhaps you and Soapboxmom should hook up you already seem to have a cyber dating service going... Maybe Holbrook should send you a bill for matchmaking..,. after all two extremely negative people might actually create a positive... again that is science and I'm sorry if your IQ can't follow such high level discussions. I wasn't aware that Global financial Crisis was coined by Holbrook... LMAO. You two are like a good comedy movie. So stupid and full of yourself you don't realize everyone else is just laughing at you!

    Well, the idiots that signed the contracts weren't the ones that had to fork over most of the cash. And, make no mistake. I think without a doubt Frank "The Bank" McCrady's head should roll for his part in this outrageous debacle.

    The beleaguered taxpayers funded much of this complete tomfoolery. Of course, Holbrook did a marvelous job of selling himself to these folks. We all know his about his highly padded resume, degree fraud and snow jobs. Unfortunately for him, I have a Texas sized Bullshit Detector and a mondo snow blower!

    Soapboxmom

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    Re: Don Allen Holbrook IEDC International Economic Development Council Rogue Member

    Holbrook: ‘My Side of the Story’Community Viewpoint | Pahrump Valley Times

    Categorized |
    Opinion



    Holbrook: ‘My Side of the Story’Community Viewpoint

    Posted on21 September 2012.
    I have been the subject of several recent articles and several op-ed pieces that have been printed in the Pahrump Valley Times on projects in New Caney, Texas, Pahrump, Nevada, and Huber Heights, Ohio. I want to tell my opinion about these stories.
    In 2005, I was hired to help create a new sustainable theme park in New Caney, Texas, near Houston, known as EarthQuest. Then, by 2007, I was hired by the East Montgomery County Improvement District EMCID to do economic development work on EarthQuest, follow-up work on the site for the theme park, and to act as a liaison with the real estate developer selected by EMCID, the Marlin Atlantis Company. In June of 2010, EMCID asked me to work as a consultant to help find a solution for the project when the company that owned the land later filed bankruptcy. I spent the next two years bringing in a new real estate developer, Contour Entertainment Group, and we worked together to revise the site plan and prepare a business case for the project. My role was to be a project advisor on site location incentives, an advisor on public policy issues to support Contour Entertainment Group, and to navigate the bankruptcy of the previous developer for the best interests of EMCID. None of my work for EarthQuest had anything to do with the financing for this project. I was not hired to act as a financial consultant and I have no ownership in EarthQuest. My only interest at this time is to be paid for work that I did in 2008 before the bankruptcy was filed.
    The Town of Pahrump asked me for more than two years to work with them to create additional destination tourism sites for economic development purposes. My role has been to advise the Town Board about different options for increasing tourism and increasing economic opportunities in Pahrump. I never said that the project could be a theme park. I fully disclosed my involvement with the EarthQuest project to the Pahrump Town Board before they hired me, and it was my understanding that the Town Board did not have any problem with it. It is my understanding that the Town Board contacted Frank McCrady, President of EMCID, who explained the situation with EarthQuest and wrote a letter of support and satisfaction with my consulting services for EarthQuest. I recommended that Pahrump hire Contour Entertainment Group because I believe that they were the most qualified development company to handle this type of work.
    While I was working with the Pahrump Town Board, the media in Pahrump and in Texas started to run articles about the failure of EarthQuest’s original developer and made it seem that I was somehow linked to its failure, even though I had no connection with the Marlin Atlantis Company.
    After I started working with the Pahrump Town Board, Heather Dobrott, who lives in Garland, Texas, about 250 miles away from New Caney, Texas, and who uses a website with the address www.realscam.com and uses the name “soapboxmom” on different websites, began posting statements about me on the internet beginning in early 2012. In my opinion, her statements about me question my work experience and question my professional ethics. On her website and on other places on the internet, she has called me a “scammer” and a “work at home scam promoter.” I deny these statements. Mrs. Dobrott posted a comment on her website on March 30, 2012, that I “walked away with 33% of the almost 1 million [dollars] raised” for EarthQuest. I deny this statement. To my knowledge, Mrs. Dobrott has no evidence to support this statement. She has used the word “criminal” to describe expenses I submitted and has written about “Holbrook’s drunken antics” and “drunken soirees.” I deny these statements. I do not know Mrs. Dobrott and do not know what her connection, if any, is to the EarthQuest project. A few months ago, Frank Maurizio wrote a series of articles published in this paper labeling me “The Music Man”, in which he wrote that I am “a proven fraud”, “a scam artist”, and “a liar and a fraud” and wrote “an update” on me and “his scam to cheat [Pahrump] out of its tax dollars.” I deny these statements. To my knowledge, Mr. Maurizio has no evidence to support these statements. I do not know Mr. Maurizio. Cynthia Calvert is the owner of a small newspaper, The Tribune, in Humble, Texas, with the web address of www.ourtribune.com. She has published several articles about me, including an article dated February 7, 2012, in which she wrote: “But the road that Holbrook has traveled, both to New Caney, Texas, and numerous other towns across the U.S.A., is a long and winding journey, littered with disappointment and controversy. . . . He was hired and subsequently fired in several locations, mired in controversy.” I deny these statements. To my knowledge, Mrs. Calvert has no evidence to support her statements. Because of the number of postings and articles about me on the internet, which in my opinion are untrue, when anyone puts in my name in any search engine website, these comments appear at the beginning of the search results because of the way search engine optimization works. When I talked to a company that helps to repair peoples’ or businesses’ internet reputations, I was told that it would take at least $26,000.00 to repair my internet reputation for the first year alone.
    Every time I work on a project with a community, I prepare written agreements stating up front the scope of work, all of the conditions and terms for payment, and the amount of the payments. These agreements are signed by all parties before I begin any work, which was the case with the City of Huber Heights, Ohio. I gave them a written agreement stating my scope of work and stating that I would need the cooperation from city staff people to complete my report for them on an economic development project to increase tourism in this suburb to the north of Dayton, Ohio. This agreement also stated the full amount of the payments for my services. The City Council formally approved my agreement and payment for all of my services in a City Resolution. In working on my final report, I was not getting responses from certain city staffers for information that I needed and told the City Manager that I was not getting the information I needed. The City paid the first two installment payments and gave me every indication — in my opinion — that they were pleased and satisfied with my services until, without any explanation, I was terminated at a meeting on March 14, 2012. I immediately offered to cure and remedy the situation, to no avail. I had learned that a reporter from the Houston area had telephoned the City Manager on February 29, 2012, asking if the City had a contract with me. The City Manager wrote me an email about the telephone call and called the conversation with the reporter “strange.” It is my understanding that “internet research” had been done and handed to certain Huber Heights’ officials before the March 14, 2012 meeting. The City filed suit against me and the case is in litigation. In my opinion, the conclusion I have drawn is that unsupported, untrue, and false statements posted on the internet about my past work is the cause of my termination by the City of Huber Heights. For those of you who may be interested in more information, please check out the FAQs on my blog at <a href=www.economicdeveloper.wordpress.com.
    >economicdeveloper
    The Pahrump Valley Times has given this buffoon the floor so to speak. It is exactly the same lie-filled garbage he posted a few days ago. Now, as to why they allowed this dubious consultant to emote on their site publicly:
    09/17/2012 AMENDED COMPLAINT OF HUBER HEIGHTS; WITH JURY DEMAND ENDORSED HEREON FILED BY Joshua Kin
    09/11/2012 NOTICE: PARTIAL DISMISSAL WITH PREJUDICE OF THIRD-PARTY DEFENDANT STEPHENS MEDIA DBA THE PAHRUMP VALLEY TIMES FILED BY SUE SEEBERGER
    09/06/2012 ORDER SETTING STATUS CONFERENCE BY TELEPHONE ON 10-9-12 AT 8:50 A.M.
    Holbrook had to drop the case against the Pahrump Valley Times and stipulate it could not be refiled. This was the cheapest and easiest way for The Pahrump paper to get rid of this thug in a suit!

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