Posted on 09/10/2009 8:14:40 PM PDT by Saundra Duffy
An appeal filed with the Utah Supreme Court says a district judge went too far when she stripped a polygamous sect's charitable trust of its religious purpose and denied church members "an effective voice" in court proceedings.
In rulings in the United Effort Plan Trust case, 3rd District Judge Denise Lindberg has sanctioned "continued violations" of constitutional rights of thousands who belong to the Fundamentalist Church of Jesus Christ of Latter Day Saints, the appeal claims.
The appeal was filed Aug. 26 by attorneys representing five FLDS members, including sect bishops Lyle Jeffs and James Oler. Lindberg refused to allow the men to participate in the case.
The UEP Trust holds virtually all property in Hildale, Utah; Colorado City, Ariz., and Bountiful, British Columbia. The court took over the trust in 2005 amidst allegations FLDS trustees had mismanaged, and failed to protect, its assets.
Lindberg reformed the trust that same year. In doing so, the appeal states, she eliminated its religious underpinnings and overrode a clause that required its holdings be turned over to the FLDS church if the trust failed or its "essential religious purpose" became impossible or impracticable.
The judge went on to "compound" her error in subsequent rulings that "underscore the decidedly non-neutral effect of the 'reformation,' " the appeal states.
(Excerpt) Read more at sltrib.com ...
"On Aug. 24 Lindberg ordered that the farm be auctioned to the highest bidder to pay $3 million owed to fiduciary Bruce R. Wisan, who manages the trust, and his attorneys."
The court appoints one guy to run the trust and he proceeds to get into debt to himself and his lawyers to the tune of $3 million and wants to sell over 400 acres to pay himself and his lawyers off?
Come on, people, this stinks. I hope the judge’s ruling is overturned and the FLDS people - whether you like them or not - get some justice. The state is trampling the Constitutional rights of an entire community.
If they can do it to the FLDS, they can do it to you.
Be afraid, be very afraid.
What is tear jerking sad is the kidnapping by the state of Texas of 439 small children , some ripped out of their mother’s arms, on the pretext of an absolute hoax phone call from some deranged idiot in Colorado which Texas (Perry) refuses to extradite and which it is now known was even perceived as a hoax by officials at the time of their assault on these children. But they were bound and determined to attack these families ANYWAY because they were MORMON!. The entire charade was declared ILLEGAL!!! by the Supreme Court of Texas and remanded back for a determination of ANY child abuse to support this outrageous conduct by a government. Do you know how many kidnapped children were finally adjudicated as properly separated from their parents?? ZERO!! Do you know how many children received counseling from the trauma of this illegal two month separation from their parents? ZERO!!
This is absolutely one of the greatest child abuse cases in the history of our country and nobody gives a damned because we are busy watching American idol and think Katie Couric is a “journalist”.God save us. You better pray these goons don’t come after you.
Greetings Saundra
Thanks for keeping up with this
I find it very interesting
“This is absolutely one of the greatest child abuse cases in the history of our country”
No kidding! I just watched in horror as the story unfolded and that many FReepers took the side of the State just made me sick.
The Constitution took a beating and now they are trying to steal their land. My husband always said it was about the land - all along.
Did you know they held adult women against their will for two months? Two gave birth while held captive and if it hadn’t been for a few courageous lawyers the state would have snatched the babies right out of the birth canal.
The whole spectacle just made me sick and to this day I can’t imagine that it happened in my America.
You’re welcome. I am still hoping for justice for the FLDS. I do not agree with their religion or their lifestyle but what the State did to those people en masse - well, there is no excuse!
I hope the State is not successful in stealing their land and destroying their community. Glad they are appealing this hideous ruling.
Where were you, FReeper, when these FLDS threads were hijacked by anti FLDS freepin’ zealots! They had absolutely no concept of the Constitutional violence being done to this community. I sure took a beating on this site for pointing out the State’s heavy-handed dealings.
Every child was eventually returned to their families and the accused have yet to have their day in court.
The religious bigotry! And all based on a false report. Boggles the mind.
Thank you for noticing.
I will correct you on one point, though. I know the FLDS call themselves Mormons but they are not; they broke with the LDS Church about a hundred years ago.
Thanks again.
Saundra, I remember the herioc fight you put up on these treads. thank you for not giving up. God does not forget. and now in florida we have a teenager who conveted from islam to Christianty, and there is proof that the family will do bodly harm to the young girl if she is returned to her parents. Still in this case its like pulling teeth to keep this young girl away from those who will kill her. God will not forget...
Roger that.
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