We are requested by our police to report any suspicious activity that we believe may be in violation of the law.
Likewise, in a civil context, if we see a individual, company or corporation violating the law we are requested by our government to say something. (sometimes know as a whistleblower)
If we knew a crime was about to be committed or was committed, it would imperative for us to say something to an appropriate authority. It is then the appropriate authorities obligation to investigate what we have reported and take decisive action to remedy the violation.
Let's say I was an eyewitness to a car accident where someone was hurt or injured. Our civic duty would be to wait for the police and report what we had seen. Our testimony of what we witnessed may be extremely valuable for a variety of reasons.
In another instant; let's say we knew someone who was dealing drugs out of their home. I am certain the police would want you to call them and report what we had observed and knew.
What if we knew our boss was not honoring his commitments to his customers and they (customers) were put in harm's way because of his dirty dealing. Should be report out boss to the appropriate authorities? Of course we should!
Now let's take a look at suspicious, criminal or civil crimes where YOU maybe an accessory to the crime. You may not have actually perpetrated the crime, but you knew the crime was going to take place and you stood by and did nothing. Are you just as culpable? You very well may be.
What if you actually helped the person perpetrating the crime to commit the crime. Are you likewise culpable? I believe you are.
Let's say you are out in your car driving around enjoying a Friday evening with your buddies when all of a sudden one of your buddies pulls out a gun and shoots a random stranger. Your the driver of the car and you just keep driving. You buddy tells you to not say anything and act as though knowing went down that evening. Are you just as culpable in the commission of the crime? Partly culpable? I believe the police and prosecutor would find you at least partly culpable.
Now let's say there is a written contract between two parties which you know one of the parties did not intend to hold up their end of the contract thus putting the health, safety and welfare of many at risk. Should you speak out if you know that by breaking the contract, the offending party is putting people's lives may be at risk?
Of course you should speak out!
See something, say something.
What if the authority you told ignored your warning and actually helped the offending party accomplish their mission to break the contract. Are they culpable of breaking a civil law? Are they accessory to the unlawful activity? Most certainly they are.
Now, what if, the other party to the contract also ignores the provisions as spelled out in the contract, helping the offending party by not enforcing the contract which is their legal right and obligation and instead assist the offending party in violating the contract thus putting the selfish needs of the offending party before the health, safety and welfare of thousands of people. Are they an accessory to an unlawful activity? Are they culpable of committing a civil crime? Of course they are.
When you know something is not right, it is your duty and obligation to say something. It is the duty of those in authority to not help perpetuate a civil crime if they know a contract signed by two parties is being violated by one of the parties putting people's lives at risk. Not to mention they are violating the law by breaking the contract.
Here is a situation as I see it. (LDS Church, City of Lehi, Beesmark LLC)
The LDS Church signed a special warranty deed, which is a legally binding contract with Beesmark LLC to build a 6000 square foot family search and discovery center on the southern border of the Family Search Plat.
The LDS Church has proposed to the City of Lehi to build a Stake Center and a 120,000 square feet commercial office building on the Family Search Plat in violation of the language in the special warranty deed.
The LDS Church is the offending party. They want to violate the terms and conditions of the special warranty deed by building something that is NOT ALLOWED by the language in the contract.
The City of Lehi is helping them accomplish their objective of violating the language in the contract by pushing the proposed development through their approval process, thus becoming an accessory to a civil crime.
Aren't we suppose to say something, if we see something. Yes we are!
When we see a crime being committed, are we suppose to report that crime to the appropriate authority? Yes you are!
Well, what if the appropriate authority is an accessory to the crime? Where do you go? Any advice?
Beesmark is also an accessory to a civil crime because they are not enforcing the language in the contract exactly as it is written.
The LDS Church is suppose to be above reproach. Not only are they the offending party. They are expecting the City of Lehi and Beesmark to help them violate the language in the contract.
The LDS Church knows that by proposing to build a Stake Center on the Family Search Plat that they are in violation of what they committed to build in the special warranty deed, they just don't care! Or, at least there is no indication they care to honor their commitment as I see it.
To recap.
Offending organization not honoring the language in the special warranty deed, LDS Church.
Accessory to the civil crime, Beesmark and the City of Lehi.
I have see something and I have said something over and over again. To date, I have heard nothing to suggest that the LDS Church is going to honor their commitment per the special warranty deed to build a 6000 square foot family search and discovery center on the southern border of the Family Search Plat. David Harkness and I have not communicated as I suggested in an email to his secretary. The City of Lehi is helping the LDS Church violate the language in the special warranty deed by allowing the development to move through their approval process, thus becoming an accessory to a civil crime.
The remedy to a civil crime is civil litigation, which as this point I don't believe Beesmark LLC (David Harkness or Alan Ashton) are planning to do which makes them an accessory to a civil crime.
Who is injured. All those who work, live and visit the Thanksgiving Point area.
The health, safety, welfare of the citizens of Lehi is put at risk by this proposed development. Increased traffic is of no benefit to anyone. Traffic congestion and gridlock is a certainty and the City of Lehi could care less. Lives are put at risk if this development is allowed to proceed.
Why don't all these people and companies care, you ask? Could it be that Beesmark and many of those who work for the City of Lehi are members of the LDS Church? The answer is a resounding YES! As members of the LDS Church, they must put the needs of the Church first, darn their civic responsibility to the citizens of Lehi.
Sad part is this, Beesmark and those who work for the City of Lehi do not see a problem with their behavior. City officials don't see their membership in the LDS Church as a conflict of interest and ethically those same city officials believe they have an obligation and duty to do what the LDS Church tells them to do.
Look throughout the country. Find me one other PGA caliber driving range that was for all intensive purposes donated to a church where they planned to demolish that driving range and replace it with a commercial office building and a church building. Only in UT County which is predominately LDS.
I am LDS and I find the thought of this repulsive.
Not only is the LDS Church destroying a perfectly good driving range for selfish purposes. They are enlisting others to help them break the law in the process.
The law is the law and a contract and the language in a contract is a contract. Break the language in the contract and you have broken the law. The LDS Church does not see it that way and they are being helped in their effort to thwart the law by enlisting the help of Beesmark and the City of Lehi.
Shame on all of you!
I can't personally stop you, I am not a party to the contract. However, your honor and integrity is at stake. If as LDS members you profess to obey the laws of the land, then for goodness sake, honor your contractual commitments and obey the law.
This development cannot move forward as currently proposed! It is a violation of the contract and the law. Now, all of you, obey the law of the land as you profess being members of the Church of Jesus Christ of Latter-day Saints.
This blog along with all the others I am producing will live on for eternity. The world is watching, future generations will know what type of men you are by your actions. What are you going to do?
(The Family Search Plat is recorded improperly in UT County per chapter 28 of the Lehi City Code. Should be recorded by metes and bounds and not as a plat)
(The Family Search Plat in my estimation did not go through the proper approval process at the City of Lehi. Both the planning commission and city council who normally approves the creation of a new subdivision were left out of the process)
(The City of Lehi refuses to enforce the code exactly as it is written in Chapter 28 of their own city code.)
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