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There was a conflict between Havasu Palms and the Tribe, as to the
actual final day of our lease. Our attorney believed it was May
31, 1999 and they believed it was May 2. On May 4, the Chemehuevi
Tribe and members of the new lessees. broke into the Havasu Palms store
and restaurant, changed the locks and seizing personal assets of Havasu
Palms, Inc. They began removing files belonging to Havasu Palms from our
office, hauling the boxes down to the docks, and loading them into their
boats. After much protesting, and calling the local sheriff, they
finally returned the boxes before the officers arrived.
The Tribe and the new lessees reopened the store and began selling
Havasu Palms' merchandise. Although the local sheriff eventually arrived,
their position was not to get involved, they told us we could actively
take our property back, and if violence ensued, they would intervene.
Our attorney told us to handle the issue in the courts.
Even if our lease had ended on May 2, the seizure violated the terms of
our lease. Something I repeatedly reminded Christine Lowe, the
Tribe's realty officer, during the
following weeks. Our lease with the tribe stipulated we could remove our
property from the site if we paid a daily ground rent. We had prepaid
enough ground rent to cover about 45 days.
Early
in the initial takeover, officers and an attorney for new lessee
repeatedly demanded Havasu Palms Inc. turn over its tenant list, which
was a proprietory customer list of Havasu Palms Inc. Havasu Palms Inc.
had leased a tract of land from the Tribe, not a business. The business
was the property of Havasu Palms, Inc. If I lease a building in
town, that a similar business rented before me, I might benefit from the
location or the goodwill they had established, yet it would not give me
a right to demand that previous business turn over to me their customer
list, or allow me to use their business name, logo or pitch a product
the prior business created, as my own. Yet this is what
happed to Havasu Palms, Inc.
In mid May 1999, Christine Lowe, the realty officer for the Tribe gave Havasu Palms
permission to begin retrieving our property. Yet, when we began removing
the property, they were told by this same individual that we must turn
over our tenant list before Havasu Palms could remove anything. Finally,
she recanted her demand and gave us permission to remove the items.