I left Spring Grove (Albion) in 2003. I did not leave willingly. I was evicted. I have honestly tried to put the betrayal behind me. Soon afterwards the strange looks from former friends, the turned up noses and cold shoulders I have received lead me to believe that lies had been spread about me and the reasons that I left Spring Grove in April of 2003.
It is time to set the record straight.
Many Mendolanders will recognize the names of my former land partners: Neel Miller, Shirley Ann (Sam) Miller, Tom Boswell, (aka Tom Rainbow), Gary Thompson Moraga, Ron Facier, Billy Walsh, Laura White, Nancy DeMuri, Diane Baireuther, (aka Tami), David Berent. The leader of the rat pack, who most folks know by sight, if not by name, is that great advocate of workers’ rights, Mr. Solidarity, Mr. “An injury to one is an injury to all: Captain Fathom (aka Alan Graham, aka Captain Judas). All the members are typical Mendo “nice people” — deeply spiritual individuals, environmentalists, and all friends of the laboring class.
In March of 1981, less than one year after the title to Spring Grove was transferred to Alan Graham. I moved to Spring Grove as a renter. For two years I made necessary minor repairs to the cabin that I called home.
In 1983, following a complaint to the county building department that the land was unsightly and in violation of various county building codes, I was voted into the Spring Grove Co-op as an owner. “We would fight the county as a unified body of owners/co-op members.” Unified with other alternative “communities” in the county, we battled to have our way of life recognized as a viable alternative to the old order — a society that recognized that the fruit of the worker belonged to that worker. We would build a new civilization within the shell of the old. We fought for our right to live as a community at the over-filled boardrooms of the Mendocino County Planning Department, We fought through the appeals process and finally we were granted a Use Permit (U#100-83; see below) contingent upon the completion of a large number of imposed conditions.
The county required that we bring all the homes up to “Class K” standards, that roads be widened, brush cleared and that the 20-30 toxic liquid leaking vehicles be removed from the land, that wells be dug. and that the community water system be upgraded. Seven or eight “Gray water” systems would have to be constructed. The County granted me and the Spring Grove members the right to build a house at a separate site away from my cabin.
Renters have never been granted any rights to build on Spring Grove. I was ecstatic that I would be able to be a part of a community of activists, supporters of the workers of the world, environmentalists, all working together to create better homes for all of us, a better community, a world built upon the solid foundations of equity and justice. I was proud to call myself a member of Spring Grove Cooperative. I was elated that I would have a real house at my own site in the future.
I was a true believer.
As part of that verbal agreement with the other eleven members, I helped with the removal of old junk cars, trash removal, and brush removal to decrease the fire danger, and to facilitate road widening as required as a condition of our Use Permit by the California Department of Forestry (CDF). I assisted with the installation, and connection of several “Gray water” systems including both leach fields and holding tanks for the other members.
At all times I was looking to the future when I would have the necessary skills and resources to build at my own house site. I received no money from Spring Grove for that work. I took that responsibility on as a good faith gesture to the other owners of Spring Grove to demonstrate my commitment to making the land a healthier, cleaner place for all the owners. I spent my money and worked hard with gusto and with glee. I was working towards a bright future. I was working towards building a bright future for all the members of Spring Grove. None of the junk cars were put there by me. None of the heaps of trash were collected by me. Renters are not required to assist in such projects without compensation. I assisted in these work projects as an owner.
I took on the expense of and performed the necessary labor to bring my cabin up to “Class K” standards including wiring and fixtures, triple wall stovepipe, framing studs, nails and rafters, plumbing, and I replaced a sink. I helped install and connect a gray water system including a septic tank and leach lines, and buried a pressurized pipe for the propane tank.
In addition to the work mandated by the county, I replaced a leaky skylight with several boards and re-roofed it. I added insulation to the walls and added plywood “shear” to it. I replaced three windows and a door to the original cabin. I covered most of the exterior of the original cabin with shakes and trim. I also covered the interior walls. I added pier pads and piers and replaced about six rotten beams under the original cabin.
For years, I cut berry vines to provide access to the fruit trees that I have pruned and fertilized to enhance fruit production that all members picked from. I have trimmed trees to provide more light at my own expense for gardens and houses that I did not use nor live in. I planted gardens that provided far more aesthetic pleasure to all who live on and visit the property.
We finally got approval from the county and the inspectors quit coming by to check the progress.
My labors and money benefited all of the owners. During the years that passed, while many of the other owners were taking extended vacations in Mexico and Hawaii, I repaired the water lines going to every residence and garden both “upstream” and “downstream” from my cabin.
While I was doing all these things to improve the condition of the land the other members were doing their best to rack up as many code violations as they possibly could. Since the approval of the Use Permit approximately 20-30 abandoned toxic-liquid-leaking vehicles were brought to the land, not one of which was mine. Every other member brought junk cars, accumulated garbage, parked trashy trailers and in general snubbed their noses at the county.
For all the years that I lived at Spring Grove there was no ownership agreement specifically stating what rights and responsibilities the owners had to each other regarding adherence to the requirements of the Use Permit. There were no bylaws, no articles of incorporation, no appeals process, no grievance procedures, no rules. There was/is anarchy and irresponsibility.
The other owners built at will adding rooms to their homes, constructing outbuildings, and allowing non-members to live in trailers and RVs. In 1990 Sam and Neel Miller allowed a known drug addict to live in a trailer near the beautiful large multi-use barn. The trailer caught fire and burned the barn to the ground. It was not rebuilt.
I was living with a woman with two kids, and eventually, since every other member was building at will, I constructed a 12 x 18-foot addition to my original cabin from the ground up. With money I earned with my hard earned labor I purchased the materials — cement, cement piers, floor joists and beams, plywood flooring, framing studs and rafters, exterior plywood, nails, electrical wire and fixtures, drywall, screws, plaster, tape, and paint, plumbing parts and roofing, lap cement, tar paper and metal edging, gutters and downspouts, insulation, windows and a door, exterior shakes and trim…
But not until I tried to actually build my house did I fully realize that I was looked upon as just a “renter,” not a member of Spring Grove as I had been told.
During April of 2002 I prepared to build my house. I cleared some brush and contacted the local architect and the local septic designer to start work on my building design and the septic system. On April 21, 2002 Alan Graham and I met informally with Ed Petrykowski to discuss the possibility of replacing my cabin with a modest one bedroom code house at my house site. Ed suggested that I come to his office to review the file and discuss the project again.
The next day, April 22, I met with Ed Petrykowski, Building Inspector II, and Paula Deeter, Planning Technician I, at the Fort Bragg, Mendocino County, Planning and Building Services Office. We reviewed the Spring Grove file together, including the plot plan, and other relevant documents. I explained that I would be abating the cabin and replacing it with a code structure. I told them who would be doing the septic engineering, the building design, both respected professionals. Both Ed and Paula responded in a most positive manner to my plans. It was only after I had met with the relevant county employees and the local land use expert that I committed to spending the nearly $3,000 to have those building and septic plans drawn up.
So I spent the money.
After the initial soil analysis the consensus was that there was adequate room for a system and that pending laboratory tests, the soil looked to be excellent for proper drainage. Full steam ahead, I said. Here's your money, thanks for the plans. I was ready to clear the road and start preparing the site for construction. The county received the completed septic design and the health inspector who reviewed the design indicated that everything looked good. There would be no problem in approving the plan. Great! I was finally going to build my own home.
During the first week of May, Tommy Rainbow approached me while I was cutting brush and trees along the road. He urged me to use the other road. I explained that it would be far too expensive to do so. The road he wanted me to use was steep, curvy and would require thousands of extra dollars. I offered to help him move his garden. He had plenty of room nearby.
Then Gary approached me. He wanted me to use the other road, too. I told him I'd help him move the logs that were blocking the road that led directly to my house site. The road that was clearly marked on the plot plan, that also clearly showed my house site. The road is in a straight line with a slight decline in elevation leading directly to my proposed house. No problem, I thought. We are a Co-op. They have their homes. There will be no problem, it will all work out.
Then when I was drafting a letter to Alan Graham (Captain Judas), I was interrupted by screams of Fire! Fire! Ron had been burning near his house and decided to go to the store to get some booze. The fire had gotten out of control so I and another person — not a member — pulled some hoses to the fire — there were none placed at the burn area, and proceeded to put out the fire. The Albion Fire department showed up and we all finished extinguishing the blaze avoiding a potentially very dangerous situation.
I went back to drafting my letter to Captain Judas. Of course, now, the tone of that letter changed dramatically. The drunks and druggies could burn the buildings down, they could collect junk, trash and toxic liquid leaking vehicles, but I was having a very difficult time just getting the capitalist creeps to open the road to my house — a road that the Use Permit required to remain open. I was very pissed off. Surely Captain Judas could see the injustice that was forthcoming and would take the necessary steps to make sure that I could benefit from the fruits of my labor.
No way.
They decided to sue me instead of letting me build. (Case SCTM-CVPT-02-88084). Gary was going to use that road for his commercial wood milling operation no matter what. Tommy was going to use that road for his garden no matter what. They hired a lawyer. I argued that case myself. I pleaded with them. “Look this was decided 20 years ago. See, the plot plan clearly shows that this road must remain open because of the potential fire danger. I cannot afford to build a road and build my house.” The greedy capitalists could only see dollars. The dollars they were making by keeping the road blocked. So much for equality and cooperation.
I won he first hearing. Then I got hit with the reality that these greedy creeps were going to screw me out of everything that I had dreamed about and worked towards for twenty years.
During a recess the judge suggested that we negotiate in the lobby of the courthouse. During that negotiation I realized I was not considered a full member-owner, just a renter, subject to the greedy whims of the real owners. I knew then that I could never put up with such phony greedy scum. The lawyer suggested that I name my price for a buyout. I did, they did not like the number. So we went back into court. The judge decided that I had a right to use the road. I could expect to start construction in 30 days.
They never came up with a number of their own. Well, they did but it was not until I was evicted when I learned that the amount that they were offering was ZERO.
During this period I informed the other “owners” that I had been informed by my local building designer and coastal land use expert that I would get my house approved if I kept dealing with the coastal staff of the Planning Department. I urged my “land partners” not to go to Ukiah to stir things up. But they snuck over there, without informing me, and created such a ruckus that I got a letter from the coastal staff stating that I would have to get approval from senior planner/zoning administrator Frank Lynch to build my house. So the phony sneaky, conniving thieves were going to get their way one way or the other. Numerous “land meetings” were held. The only meeting I was allowed to attend was the one that they voted to evict me.
They decided to sue me again (Case SCTM-CVG-02-88400) instead of letting me build as they had promised me twenty years prior. Now I had to get an attorney. I could not do the work myself. The shock, anger and angst was overwhelming. I could not grind it out myself. I was going to fight. I was not going to let them steal everything I had without fighting back.
After months of litigation they decided to sue me again, for the third time. in an eviction action. (Case MCTM CVUD-03-10860). Captain Judas decided that he would rather go to Hawaii than to show up in court himself, so he got Anna Marie Scumberg (Stenberg) to act as his agent in the eviction action. The spineless phony Captain had better things to do than to face me in court.
In the end I had depleted my life savings fighting for what I had worked so hard for. I had to leave Spring Grove with nothing but a bitter taste in my mouth and anger and betrayal in my heart.
As an owner I was charged assessments for two wells and other Spring Grove mandated water system improvements required by the Use Permit. I was also assessed for a half dozen water pumps, and was charged with paying taxes on the land.
Renters are not required to pay taxes or assessments. Only the twelve “owner/partners” signed the liability agreement to get our Use Permit. Only the twelve owner/partners are named on the letter submitted to Mendocino County for permission to obtain building permits. Only the twelve owner/partners are listed in the Spring Grove Ledger book recording payments to Spring Grove.
During the course of litigation I submitted receipts for building materials totaling approximately $2,200, “Residential Title 24 Energy Compliance Analysis” fee $120. building plan fees $475, septic design and County plan review fees $1,965, other building permit and home improvement expenses relating to “Class K” code requirements estimated at approximately $1,200. I had worked on that land for hundreds of hours.
Not a penny was offered to me for my labors. Of course I had not kept meticulous records of money spent, or work performed — owners don't keep such detailed records-unless they can write them off their taxes. The land was in Captain Judas' name. Only he could write home improvements off on his taxes.
They wanted it both ways. When they needed my money to help pay off the land and assistance to bring the land into compliance for the Use Permit, I was an owner. When they sued me for trespassing they insisted that I was just a renter entitled to no rights, or compensation. Equitable Compensation was never offered. Not a dime on the dollar, not pennies on the dollar. Not a penny was received by me to compensate me for all my hard earned money that I used to rebuild and add on to the cabin. Not a penny was offered to me for all the money that I spent on land taxes, assessments for wells, water pumps, electrical upgrades and all the rest of the expenses that a renter would be entitled to under the most fundamental principals of fairness. Not a penny was offered for the hundreds of hours of labor that I expended to improve the cabin or the land. Not a penny was offered, not a penny received.
These great defenders of the environment, these great friends of the workers all turned out to be phony, sneaky, conniving thieves. I did not know the true nature of the hearts of these people until they voted to evict me from Spring Grove without any compensation.
I was working outside my cabin one day and Gabrial, son of Tami and David, came by and discussed with me the concept that “Spring Grove was never about the money.” I certainly agreed with him. But Tom turned it into a money thing when he insisted that the road that was required to remain open by the use permit was his and he could block it if he wanted to. Gary insisted that the road was his to use for his log-milling operations. David and every other member turned it into a money thing when David moved into the cabin I had built and rebuilt without paying me a penny.
I got the boot and they got the loot.
Addenda
Spring Grove Cooperative School For. Living
November 4, 2002
Mr. Daniel Helsel
Albion, California 95410
Dear Dan,
As you are aware from the meeting of the Spring Grove Cooperative of October 6, 2002, at which you were present, the members voted to remove you from the Cooperative. You are also aware that permissive occupancy at Spring Grove Cooperative is based upon membership in the Cooperative, or as a guest or any member. You are presently not a guest of any member.
As your membership in the Cooperative has been terminated, your permission to continue to live on the property has ceased.
Please vacate the premises that you occupy on the property on or before December 15th, 2002.
Very truly yours,
Diane Baireuther
Member-spokesperson
Spring Grove Cooperative
In And For The State Of California
County of Mendocino
Ten-Mile Branch
Anna Marie Stenberg, Plaintiff
vs.
Daniel Helsel, Defendant-
Case No. MCTM CVUD 03-10860
Peremptory Challenge
(CCP Section 170-6)
Bart P. Kronfeld being duly sworn deposes and says:
- I am an attorney duly licensed to practice law in before the courts of the State of California and am the attorney of record for Plaintiff herein.
- Eric Labowitz, the Judge before whom the trial or hearing of the above-entitled action is pending is prejudiced against the Plaintiff or the interest of the Plaintiff so that Plaintiff cannot, or believes that she cannot, have a fair and impartial trial or hearing before said Judge.
I declare under penalty of perjury under the laws of the State of California, the foregoing is true and correct.
DATED: February 13, 2003
Attorney for Plaintiff
County Of Mendocino
Department Of Planning And Building Services
Mailing Address: Courthouse, Ukiah, California 95482
Land Use Permit, Major Use Permit #U 100-83
Owner: Alan Graham (Captain Fathom) Box 102, Albion. CA 95410
Applicant: Spring Grove Co-Op, Box l07, Albion, CA 95410
Agent: Shirley Miller, Box 557, Albion, CA 95410
request: Use permit to legitimize 13 existing residences and ultimately upgrade and exchange to create a total of 14 residences.
location: 6± mi E of Albion, lying on the N side of Albion Ridge Rd. (CR# 402) 11± mi E of its intersection with Middle Ridge Rd. (CR# 401A), AP# 125-330-04
planning commission action: Approved permit subject to conditions on April 19, 1984.
Board Of Supervisors Action: Sustained Planning Commission's action with changes on February 25, 1985
conditions of approval:
A. Conditions to be met within 30 days:
- That the applicants set an appointment for a Clean State Inspection
- That a detailed parking and circulation plan be prepared and submitted to the Planning and Building Services Department, which provides adequate area for both parking and circulation movements outside public rights of way and private ways not intended for that purpose or use. This plan shall detail access to all structures. The parking plan shall provide for two (2) spaces per approved unit.
- There shall be an indemnity agreement prepared by County Counsel and signed by the applicant within 30 days for any property damage or personal injury for any act or failure to act as a result of the approval of the structures.
B. Conditions to be met within six (6) months:
- That the applicants complete the work required by the Building and Health Divisions for Clean State approval. The structures shall also meet the Uniform Fire Code Requirements.
- That a 30 foot clearance around all structures be provided, a 30 foot fuel break around the property following the existing skid trails and roads near the property lines be provided, the existing pond shall be developed to provide a minimum of 30,000 gallons of water available for drafting by the fire fighting agencies, and existing logging roads shall be opened to provide access to back structures for fire fighting purposes and drafting of water.
- That the work be completed to implement the parking and circulation plan.
- That the property be cleared up to comply with Mendocino County Code Section 20-14 and 20-22.
- That those structures not allowed (See Condition Number C-l and D-l) be vacated and/or removed from the property.
C. Conditions to be met within one year:
- That the applicants may choose to replace the existing travel trailers/vehicles with code approved dwellings within one year, however, the total number of structures shall not exceed that referenced in Condition D-l.
D. Conditions to be complied with for the duration of the permit:
- That this permit legitimize once conditions are met a maximum of ten (10) dwellings.
- That the proposed dwellings not be permitted.
- That this permit shall not be valid until such time as a Land Use Permit form is signed by the owner (or authorized agent) and the Zoning Administrator.
- The use and occupancy of the premises shall be established and maintained in conformance with the provisions of Chapter 20 of the Mendocino County Code unless modified by conditions of the Use Permit.
- That this permit be subject to the securing of all necessary permits for the proposed development and eventual use from County, State and Federal agencies having jurisdiction. Any requirements imposed by an agency having jurisdiction shall be considered a condition of this permit,
- That traffic patterns and parking spaces be delineated on access routes and in parking areas.
- This permit shall be subject to revocation or modification by the Planning Commission upon a finding of any one (1) or more of the following grounds:
a. That such permit was obtained or extended by fraud.
b. That one or more of the conditions upon which such permit was granted have been violated.
c. That the use for which the permit was granted is so conducted as to be detrimental to the public health, welfare or safety, or as to be a nuisance.
Any such revocation shall proceed as specified in Article XLVIII, Mendocino County Code (Use Permits).
- This permit is issued without a legal determination having been made upon the number, size or shape of parcels encompassed within the permit described boundaries. Should, at any time, a legal determination be made that the number, size or shape of parcels within the permit described boundaries are different than that which is legally required by this permit, this permit shall become null and void.
9, That if the applicants fail to meet the conditions of this permit within the appropriate time frames, due to health and safety concerns, the applicants must remove, at their own expense, any and all structures, vehicles, miscellaneous debris, etc. which is the cause of an unhealthy and/or unsafe condition. If the applicants fail to do so, the County will be authorized to cause the removal of the offending structures, vehicles, miscellaneous debris, etc. and impose all fees for such work on the property owners or place such costs as a lien against the subject real property.
Owner's Statement: I am the owner of the property subject to this permit (or his Authorized agent) and I hereby certify that I have reviewed the conditions of approval and will establish and continue the use in compliance with the specified conditions and applicable sections of Mendocino County Code. I further grant permission for County Staff to enter upon the premises for which the permit is issued to verify compliance with the required conditions, (with 24 hour prior notice).
Signed, Shirley Miller, 11/25/85.
Planning Department Statement: I hereby certify that all conditions which must be met prior to use or occupancy of this permit have been met and that this permit is deemed by the Planning and Building Services Department to be a valid permit subject to all the conditions of approval. [no signature].
Planning Department Statement: I hereby certify that all conditions of approval of this permit have been met and that this permit is deemed by the Planning and Building Services Department to be a valid permit subject to all the conditions of approval attached [no signature].
Declaration of Gary Neel Miller In Support Of Defendant-S Opposition To Temporary Restraining Order.
I Gary Neel Miller declare that:
I have resided at Spring Grove, in Albion, Ca. since 1971. The road behind Thomas Boswell’s residence, leading to Daniel Helsel, building site, has been there at least as long as I have resided at Spring Grove. Daniel Helsel was granted, by the members of Spring Grove the right to build at that site, and to use that road, behind Thomas Boswell's house in 1983. That right had not been rescinded by the members of Spring Grove.
I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. Gary Neel Miller, 2/6/02.
Spring Grove Cooperative School For Living
Notice of Meeting: Oct. 6, 2002, Sun. Noon. Bill & Laura’s home.
As is our custom of gathering together on matters that affect us all, this meeting is important.
Agenda: Items for discussion and vote.
- To address Dan Helsel’s non-participation and refusal to attend Spring Grove notified meetings.
- To address Dan Helsel’s refusal to acknowledge the consenses [sic] of the members of Spring Grove about occupancy agreements and the direct voluntary acts of violence and malicious behavior he has directed against the members of Spring Grove Cooperative in direct opposition to the unspoken, spoken, written tradition and philosophy of our cooperative school for living.
7/26/02
To: Daniel Helsel,
I Gary T. Moraga and Tom Boswell do temporarily suspend the TRO against you for 3 hrs. this Sunday, 7/28/02, from 1pm till 4pm. This is to allow you to attend our Spring Grove Co-op meeting to be held on this Sunday at 1pm. — GT Moraga, Tom Boswell.
Proving once again, Communism only works until they run out of OPM (other people’s money). In this case yours. Thank you for your discourse. I hope that people can learn from your sad experience.