2003 News Archive
An appeal of District Court's decision affirming our subdivision approval was filed by the opposition with the State Supreme Court on December12th. We filed our response yesterday and the Supreme Court must now make a decision during the next 30 days as to whether or not to hear the case. I'm hopeful that like the Appellate Court, they will quickly deny the appeal. So, as I continue to patiently wait for the end of the legal proceedings, I would like to send all of you my wishes for...
The gift of love, the gift of peace, the gift of happiness... may these be yours in the New Year.
Thank you for your continued support in making Birds of a Feather's community a reality!
November 29, 2003
I apologize for the lengthy delay between news updates. I have been experiencing problems with new website software which are now resolved.
Since the last update, the opposition filed a petition with the State Court of Appeals requesting that they hear the appeal. Court of Appeals does not have to hear every case and on Monday, November 24th, they denied the petition which means they refused to hear the case!
The last hurdle is the State Supreme Court if the opposition chooses to file yet another appeal of the lower court's decision. I remain confident that we will prevail and the end is in sight. Again, thank you for all of your support and encouragement through this lengthy legal process. I remain committed to making this community a reality!
My attorney and I have been working with the County to prepare all of the documents necessary to file my final plat and begin lot and home sales. Please check back periodically for the most recent news and if you haven't yet signed up for our online newsletters, you can find a link to the submission form on the top of this page. We will be sending newsletters every few months now that the legal battle is almost over and we can begin creating the community!
October 10, 2003
THE APPEAL IN DISTRICT COURT IS OVER!
AT THE HEARING TODAY, THE HONORABLE JUDGE MATHIS RULED IN OUR FAVOR! HE STATED THAT IN HIS OPINION THE COUNTY DID NOT ACT ARBITRARILY OR CAPRICIOUSLY BY APPROVING THE BIRDS OF A FEATHER SUBDIVISION.
Read the front page article on The New Mexican Newspaper
I appreciate all of the support and encouragement I have received while going through this long and tedious court process. I'm very excited to be able to move to the next step of making this dream a reality! I will be sending out an online newsletter in the near future which will outline our plans for beginning sales and infrastructure improvements. In the meantime, keep checking this page for news!
October 8, 2003
We have been notified that a hearing has been scheduled for October 10th at 8:30 a.m. to hear oral arguments regarding the County's facts and conclusions that were provided to the judge on September 10th. I'm hopeful that this will be our last hearing and that the judge will rule in our favor! Once again, please keep Birds of a Feather in your thoughts and send positive energy our way. Your continued support is greatly appreciated as always!
October 1, 2003
Fall is here and the weather is fabulous. I'm still waiting for the judge's decision regarding the appeal.
In the meantime, I have been very busy showing the property, updating the website and developing products with our beautiful Birds of a Feather logo.
Check out the new features on our Home page. I particularly like the flash slide show in the center of the screen and the new navigation which should make it easier to get around the site. There are now close to 30 pages for you to peruse and learn about our community!
The lot layout page shows which lots are still available and which lots have already been reserved. We now have 6 lots reserved out of the 18 currently available. Reserve your lot now with a minimal deposit and assure yourself of a place in this community!
Many of you have admired our beautiful Laurel Burch designed Birds of a Feather logo. Now you can wear it proudly on one of our great new Birds tees! Check out the various styles and colors on our new product page. My favorite tee is the long-sleeve black because the logo really stands out and the text on the black shirt is in red! Of course, all of the other colors were chosen because they look great with the logo colors. We hope to add some baseball type caps with an embroidered logo soon!
My commitment to making this community a reality only gets stronger as each day passes. Please keep sending your positive thoughts and energy.
September 10, 2003
The Board of County Commissioners met yesterday and announced in a public hearing their facts and conclusions regarding the Fair Housing Act issue raised in a hearing on November 25, 2002. All of the conclusions adopted by the Board support their decision to approve our subdivision. The findings were delivered to Hon. Judge Mathis in District Court immediately after the hearing. We must now wait for Judge Mathis' decision regarding the appeal. Keep the positive thoughts and energy coming our way. I will send out an online newsletter and update this section as soon as we receive his decision. Please let me know if you have changed your e-mail address within the past six months or so...
And some exciting news... T-shirts with our beautiful logo have been ordered and will be available to purchase on our website in about two weeks! Also, speaking of our website, we will be launching our newly enhanced website sometime next week!
August 26, 2003
The Board of County Commissioners will announce their findings of facts and conclusions regarding the approval of our amended plat at a hearing on September 10th. They will then forward their findings to district court so the honorable Judge Mathis can make his decision regarding the pending appeal.
August 22, 2003
We received a letter today from the District Court judge handling our appeal. He has remanded the matter to the Board of County Commissioners so that it can make specific findings of fact and conclusions regarding the evidence presented at the November 25, 2002 public hearing concerning the Fair Housing Act.
After the Board of County Commissioners responds, the judge will make his decision. He has requested that the county consider this matter in an "expeditious manner" given the amount of time that has elapsed since the subdivision was initially approved (April 2002).
And so the saga continues... I'm continuing to learn my lesson about patience and living in the moment. I remain positive about the end results and committed to making this community a reality. In the meantime, I am showing the property on a regular basis and continuing to do research on environmentally friendly products for homes and the community.
I have also recently contracted with a new webmaster. I'm very excited about the changes/improvements we hope to add to the site in the very near future.
Last but not least... we will soon be offering products on our website such as hats and T-shirts with the Birds of a Feather logo. Many of you have told me how much you like our logo and wished that it was available on clothing to purchase. And many of you have also asked how you can help make this community a reality. Offering top quality Birds of a Feather products seemed to be just another means of showing my commitment to this community (oh, and of course, helping to pay my ongoing legal fees).
That's all the news for now! Thanks again for your support and interest in our community... it is very much appreciated. Stay tuned for news about the appeal, fun new items on the website and Birds of a Feather clothing for you to wear!
August 3, 2003
Just a brief note to let you know that I have not heard from District Court yet regarding the judge's decision. The fifteen day period to receive a decision was up on July 29th. The delays continue and so does my commitment to this community. I will post here as soon as we receive the decision.
There are many showings scheduled for the month of August. We will be showing the community property to visitors from New York, North Carolina, Arizona, California, Georgia, Minnesota and Santa Fe.
Keep sending your positive energy and support. It is greatly appreciated!
July 14, 2003
And the saga continues... we had our hearing today regarding the appeal of the subdivision approval. (Please read the previous entries for details of the appeals) After listening to arguments from both sides, the judge told us that he would issue a written order of his findings within the next 15 days. Haven't I had enough lessons in patience yet???
I have always maintained that this community is inclusive and I am hopeful that the judge will recognize this and rule in our favor. Thanks again for your continued support and encouragement. Please continue to send positive energy and check back after July 29th for the finding of the court.
The following poem seems quite appropriate for the situation. I found it on a Jane Evershed calendar at a friend's house as she turned the page to the month of July.
"The Biggest Wave"
Three rough seas, a fork in the mountain path. Wind blowing from all directions. Keep on singing your song. The biggest wave is yet to come. Stand tall, stand strong. Do not, under any circumstances succumb.
June 11, 2003
We have received notice that our next hearing date is July 14th.
At this hearing, the judge will review the issue on appeal (whether the approval of the subdivision by the County was legal) and will make a ruling. The opponents argue that the approval was improper because they contend that we have violated the Fair Housing Act by showing a preference for women in our marketing.
Our community is and has always been inclusive. We are confident that the court will see this appeal for what it really is... a marketing issue rather than a land use issue (and more delay tactics) and dismiss it. Please continue to send your positive energy and support and together we will clear the last hurdle to making this community a reality.
In the meantime, I am continuing my research concerning environmentally friendly building products, telephone systems (including high-speed internet access), state-of-the-art septic systems that process waste and the resulting water can be used for irrigation or to replenish groundwater, water catchment systems (for those of you not familiar with the southwest, this is for catching water on your roof and using it for watering indoor/outdoor plants and conserving water) and anything else that I think will be beneficial to our community and the environment.
I also like to focus on the positive aspects of the delay we are experiencing rather than the negative. In that regard, I am meeting many wonderful women and men from around the country and I have the opportunity of showing some of them our magnificent property with pine forests and views of the Sangre de Cristo Mountains in almost all directions.
We are continuing to take lot reservations until the legal issues are resolved and lot and home sales can begin. If you are interested in the details of reserving a lot, please contact me for more information.
Also, the technological advances that have occurred during the past three years will benefit the community immensely. I had a long conversation last week with a design engineer from MicroSeptec (manufacturer of our septic system) and she told me that they have dramatically improved an already great system by having fewer moving parts requiring less maintenance and thus reducing the cost of purchase and maintenance.
I can now also assure everyone that we should have at least a couple of choices for high speed internet access that weren't available a few years ago. I am currently researching wireless vs. a more traditional system for internet use. So, those of you with computer based businesses (or those that just want high speed access for fun or communicating with friends and family) will have the latest and greatest technology available to you at Birds!
I am committed to making Birds of a Feather's community a reality and a fabulous place to live, play, belong and grow older with friends and neighbors!!
Keep checking back for more news and if you are interested in scheduling a visit, please call or send an email!
May 6, 2003
Our hearing was held last Friday, May 2 in District Court. We filed a motion in March asking District Court to dismiss the latest appeal.
Unfortunately, the judge didn't dismiss the appeal. However, since our motion to dismiss was filed, the appeal process has been moving forward and both sides have already filed their briefs and are ready to proceed with a hearing.
The judge did make a statement after his ruling. He said that this matter has gone on too long and that he would be scheduling a hearing in the very near future to hear oral arguments on the issues. As soon as the hearing is scheduled, I will post the date on this site.
There are several showings of the property scheduled through July. Please let me know if you are interested in scheduling a visit. I love showing the property and meeting people from across the country.
It is only a matter of time before all of the legal issues are resolved and lot and home sales can begin. I am learning the valuable lesson of patience through this process! I already possess the "determination gene" so I promise not to quit until this community becomes a reality!
Thanks again for all of the support and positive energy that surrounds this community.
April 2, 2003
I have lots of news to report! Just in the last few days, we have received notice of the date for our hearing in District Court to hear our motion to dismiss the latest appeal. The hearing is scheduled for May 2nd.
We also finally received the brief stating the basis for the new appeal. They are claiming that San Miguel County should not have approved our subdivision application because we have violated the Fair Housing Act by showing a preference for women on our website. We believe that this is a marketing issue and has nothing to do with County or State regulations for subdivision approval. District Court will either dismiss the appeal at the hearing in May, or they may chose to hear arguments at a later date before making their decision. I will keep you informed.
I have always said that Birds of a Feather's community is open to anyone wishing to live harmoniously in a non-traditional community and that I would not discriminate based on sex or any other basis!
Two more lots have been reserved in the last few months. If you are interested in reserving a lot or visiting us, please call or e-mail us. There are several visits scheduled in the near future.
That's all for now... please keep sending your positive thoughts and energy our way! It is greatly appreciated and we love to hear from you!
January 29, 2003
Just a quick update regarding the new appeal. We filed a motion yesterday asking District Court to dismiss the appeal. We obviously believe that we have a strong case for dismissal and hope that the District Court Judge will find our arguments to be worthy.
January 10, 2003
Happy New Year and Best Wishes for a very healthy and joyful year!
The appeal which was pending for the last several months was dismissed in December as a result of amending our final plat. Unfortunately, a new appeal was filed today on our amended final plat by the same small group of local residents. We will have more information to share with you regarding the timing and process of the new appeal in about 45 days.
We have several showings scheduled in the next few months. We will continue to take lot reservations with a minimal deposit until all of the legal issues are resolved. Please let us know if you would like to schedule a visit.
2003 is the year of Birds of a Feather!
Click on an archive below;