This is the story of how an Orthodox Rabbi's and an Anglican Nun's deal to support hope and community exposed the soullessness of wealth in the American West.
I hope after reading this piece you will give of your voice and actions to provide a better ending.
Aspen Chabad and Little Star Foundation, which for 20 years has provided long term care and a better quality of life for desperately ill, poverty stricken children, came together, each providing something perfectly suited to the other to fulfill its mission.
"It was a match made in heaven. This was a win win in every aspect," said Aspen Chabad's Rabbi Mendel Mintz.
Now, this perfect fit has disintegrated into a land use dispute with five wealthy property owners in Aspen.
What went wrong?
Little Star contracted to sell its 6.5-acre Silver Lining Ranch to Aspen's Chabad. The deal gave Chabad a beautiful home in Aspen for its Jewish Community Center. It gave Little Star $13.5 million from the sale to go towards the care and scholarships for children with cancer as well as food and medicine to impoverished children around the world.
The deal allowed us to use the ranch for cancer camps a few times a year. Chabad was happy. Little Star was happy. The City of Aspen was happy because it zoned the Silver Lining ranch land for non-profit, community enrichment, medical or educational use. Chabad clearly fit with this zoning. The City Counsel unanimously approved Chabad's use application.
Then, the combination of selfishness and money reared its powerful head.
Months after Chabad and Little Star entered into an escrow agreement, three of the six property owners in the Stillwater HOA that includes the Silver Lining Ranch, changed the covenants (without calling a meeting) in a transparent and single minded effort to block the sale to Chabad. The threat of litigation has prevented the close of escrow and has slowly drained Little Star's resources. Our kids are suffering and our foundation is dying.
HOA President Thomas P. Reagan told the New York Times that "We've always maintained that the homeowner covenants do not allow (Chabad's use). We haven't changed our position ... the covenants are black and white."
Another HOA member, Peter Gerson, told the NY Times. "We're powerless to do anything (to fix the situation)."
That's not true! These people feign blindness to the fact that the so-called covenant they claim restricts Chabad's use was CREATED AND ADOPTED BY THEM, after escrow opened, without a meeting of the HOA. These same wealthy individuals could simply rescind their covenant, but they will not even discuss it.
As former City Councilman Jack Johnson, who voted with a unanimous council in favor of the sale to Chabad, pointed out, the homeowners' association is not powerless. "If they continue to bully and block, there's no doubt of their intentions," Johnson said.
One HOA member, Charles Bellock, is a developer who has built thousands of houses around golf courses. Another, Jeff Verschleiser, made his fortune as the head of mortgage-backed securities for Bear Stearns before the Wall Street collapse.
Neither live in Aspen nor have they built homes on their HOA lots. Two other members who live there -- across the river and an open space away from our ranch -- have admitted they never heard or saw anyone on our property. None of them use our access roads to get to their properties.
When the City Council unanimously approved Chabad's bid for our property in May, the HOA ramped up its threats of litigation while refusing to negotiate. At the annual HOA meeting August 2, 2009, I tried to raise the issue, but was denied the chance to speak. Instead, two of the members escorted me from the meeting.
I learned then that this nightmare for our kids and our foundation was not going to end through negotiation. Consequently, we've had to cut programs, with kids suffering immeasurably.
I started Little Star Foundation in my early 20s, when I left my career as a professional tennis player. At 16, I was ranked the No. 2 women's player in the world. I used the millions I made to aid children in need.
Little Star Foundation has helped thousands of children like Lindsay Belt . Diagnosed with brain cancer, Lindsay has spent her youth in hospital beds, chemotherapy and operating rooms. We have supported her for 14 years. Frail and on a feeding tube at night, Lindsay reflects on the HOA's actions: "Kids now and children in the future are losing out on help. They are the victims. This is too important. Five people should not force Little Star to shut its doors or lose their facility."
Good and selfless people exist and have supported us. We need that kind of urgent help now.
With bankruptcy looming, with no money for our kids' programs and for the court battle that our pro bono attorney is confident we will win, we need your help. Our children face more uncertainty, more anguish and less opportunity. Children whose very lives are in danger should not be put through this injustice.
At the end of your day, ask yourself how it would feel to know, "I changed lives." What a gift it is to come to the rescue and provide a miracle. We need that gift now.
News Links:
http://www.aspentimes.com/article/2009908259998
http://nightly.newsvine.com/_video/2009/08/18/3166148-andrea-jaeger-battles-in-not-on-court
http://www.denverpost.com/search/ci_13186095
www.littlestar.org
http://www.nytimes.com/2009/08/03/us/03aspen.html?_r=1&scp=1&sq=Aspen%20%20Chabad&st=cse