Case # 340813 in front of The Court of Appeals of the State of Washington Division III
Shortly the Honourable Judges of The Court of Appeals of the State of Washington Division III will render their ruling in case # 34081-3 - Michael L. Darland et ux v. Snoqualmie Pass Utility District.
Did Darland unleash numerous damning skeletons from his past when he filed his appeal?
How wise was it for Michael L. Darland and his attorney Douglas W. Nicholson to appeal the judicious ruling of Judge Scott R. Sparks?
On December 9, 2015, Judge Scott R. Sparks of the Kittitas County Superior Court had dismissed, without costs, the twelve year running case of Michael L. Darland versus the Snoqualmie Pass Utility District.
On December 6, 2016, the Honourable Judges of the Court of Appeals for the State of Washington Division III held a hearing in Wenatchee with regards to Michael L. Darland's appeal of Judge Sparks decision.
Will Darland's own words through his various conflicting sworn statements end up testifying against him?
Will the case be returned to the trial court?
Will the trial court be instructed to seek verifiable answers on a number of issues of material fact that have so far not been addressed to the satisfaction of involved parties and the Judges?
Will the trial court be also directed to look into and to dissect the possible fraudulent aspects of case # 042004112 as filed in Kittitas County Superior Court in 2004 by the two plaintiffs Leclezio and Darland?
Will the Judge of the Trial Court elect to hear testimony from all intervening parties in the case throughout its history in order to reach an all encompassing fair and equitable assessment of the case?
In such event, if and when confronted by hard irrefutable facts, how will Darland and his attorney Douglas Nicholson manage to reconcile their own various conflicting statements with facts instead of fiction?
Moreover some of those contradictory statements were made by Michael L. Darland under oath and under the penalty of perjury. They were presented to the Courts by attorney Douglas Nicholson acting as an officer of the courts.
Will the trial court Judge look into the glaring disparity between the conflicting statements and positions adopted by Darland and Nicholson as they adapted their changing stories to best serve their sole interest at any particular point in time?
For example:
In January 2005 Michael L. Darland and I instructed our joint attorney Douglas Warren Nicholson to file a Summary Judgment Motion in the Kittitas County Superior. Therein, Darland, myself and Nicholson represented under oath that, I, Louis Leclezio, was an owner of the 76.8 acre property on Snoqualmie Pass.
Yet, on February 22, 2006, Michael L. Darland, upon learning that I was about to undergo a serious cancer surgery, had no qualms sending the following mail to me contradicting my previously reported ownership of the property in papers filed in the Kittitas County Superior Court.
From: Michael L Darland <michael@southernchilexp.com>
Date: February 22, 2006 at 8:46:05 PM GMT+4
To: Louis Leclezio <leclezio@hotmail.com>
Cc: Doug Nicholson <dnicholson@eburglaw.com>, "James D. McBride" <mcbride@julin-mcbridelaw.com>, Brian Dorsey <dorsey@julin-mcbridelaw.com>
Subject: Update on title assistance request
Dear Louie:
Attached is a letter regarding the title matter on Snocadia for which I requested your assistance on the 8th of February. I have good news regarding the outcome.
Best regards,
Michael
Yan Kee Way Lodge
Ensenada, Chile
February 22, 2006
Dear Louie:
I received your email and attachments of February 18, 2006 and was sorry to learn of your health condition but pleased that you finally consulted a doctor and are receiving medical advice and, I presume, treatment. Myrna and I regret that you would not accept our offer to loan you funds for your medical expenses in addition to the financial assistance we were loaning to you for living expenses. Earlier intervention may have reduced the severity of your current condition.
On the matter of the mistaken filing of your name on the title to the Snocadia property, our prayers were answered. I never did receive a response to my email of February 8th requesting your assistance to help us on this title matter by sending the Quitclaim Deed as Rick Osborne, General Manager of AmeriTitle, requested. As it turns out, you need no longer concern yourself with sending that paperwork to AmeriTitle. The Kittitas County Auditor’s Office reread all of the documents, including the Bargain and Sale Deed, and concluded that your name and address should never have appeared on the title and thus had it removed. Now the title for the entire 76.8-acre property is, as it should be, registered in Myrna’s name and mine as husband and wife. The address has been corrected as well and, from this point forward, tax bills will be sent to my home and not yours.
I trust that this good news will be a positive assist in your rest and recovery.
Regards,
Michael L. Darland
Page 1 of 1
Louie letter of February 22, 2006
Will the trial court conclude that Darland has finally been trumped by his own trumped up charges against others?
Almost two years after purchasing the property, and after our joint attorney, Douglas Nicholson had filed a Summary Judgment Motion discussing the disclosed and well known lack of easements for access and for running public utilities to the site, on March 2, 2005 Michael L. Darland sent the following email to me:
From: Michael L Darland <michael@southernchilexp.com>
Date: March 2, 2005 at 6:54:32 AM GMT+4
To: Louis Leclezio <leclezio@hotmail.com>
Subject: Re: Signed Affidavit
Dear Louie:
I could hear the “crack of the bat” clear down here as you knocked this ball over the fence. It is fortunate that most, if not all of the key people who have been involved in the history of this project are still around. Also that they verify everything that you have ever told me. Our best hope is that justice will be done and that honest people will not be defrauded (emphasis added) by those who lose track of their public responsibilities when they assert the power of government and reach into the pockets of those over whom they have asserted control. Thank you again and,
Best regards,
Michael
Does it make any sense for Michael Darland to send such a mail to me, attesting to my honesty, if I had ever lied to him, as he would claim that I did, eight years after the fact!
Indeed, six years after sending that mail to me and eight years after closing, on September 2, 2011, Michael L. Darland, submitted a self serving sworn declaration in support of another Summary Judgment Motion in Kittitas County Superior Court.
Therein Michael Darland claimed, under oath, that shortly after closing in 2003, he discovered for the first time that I had lied to him about access and availability of sewer and water services to 'our' property!
Yet, interestingly, before closing, the purchase and sale agreement referred to those very hurdles that would have to be resolved before the property could ever be developed.
Moreover it is specifically because those problems were disclosed prior to closing that they are referred to in the Motion for Summary Judgment that Darland and I instructed our joint attorney, Douglas Warren Nicholson to file in January 2005 in Kittitas County Superior Court.
Although attorney Douglas Nicholson knows better, having represented both Darland and I, it is with absolute disregard for the standard of ethics that are supposed to govern his profession, that Nicholson has no compunction in front of the Court of Appeals of the State of Washington Division III, in 2016 to be evasive as to when, why and how was my name taken off title as early as February 2006 and only after we had signed a Settlement Agreement with the Snoqualmie Pass Utility District in September 2005. That was also shortly before I was about to undergo cancer surgery.
Please also note how in his appeal brief Nicholson simply casually brushes on the loss of Leclezio's interest in the property.
Thereby, Nicholson deliberately attempts to mislead the Judges of the Appeal Court into believing that it was all done above board and all done legally through the Kittitas County Superior Court!!!
Will the trial court request detailed evidence and substantiated documentation from Darland and his attorney Douglas W. Nicholson as to when, how and why did Darland end up being sole claimant and plaintiff in a case where Leclezio's presence was originally primordial to give standing to the case?
How much further back should anyone need to look to really get to know who is Michael L. Darland?
For example:
Would Darland like to offer a truthful explanation why he settled the Digital Systems suit when he was personally sued for fraud?
To substantiate any explanation Darland may now put forward, would Darland authorize that the case docket that he had asked to be sealed as part of the settlement conditions be now reopened for verification?
My personal conviction that the Honourable Judges of the Court of Appeals of the State of Washington Division III will ensure that equitable justice prevails has kept me alive.
Now, I am full of hope that I will see the truth triumph within my lifetime.
I hope and pray that almost exactly 11 years, date for date, after Darland and Nicholson had banked on my premature death in February 2006, I will get to read about both of them being called out for who and what they truly are.
With heartfelt thanks for your consideration,
Yours most sincerely,
Louis Leclezio.
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