>“Ridgewood and Ho-Ho-Kus Veterans of Foreign Wars Post 192 members are being mistreated. See blog https://vfw-post-192-nj.blogspot.com/ for more information and how to assist our patriots.”
Thanks.
Stan
Stanley A. Kober
([email protected])
Monday, July 20, 2009
Post 192 Veterans Need Help
Dear Friend and Supporter of our Country’s Veterans:
WE NEED YOUR HELP!!
I apologize for the length of this post, but for the last several years, the Washington Elm VFW Post 192 (the only chartered Veterans of Foreign Wars Post for Ridgewood and Ho-Ho-Kus) situated in Ho-Ho-Kus at 620 Cliff Street, Ho-Ho-Kus, NJ 07423, has been attempting to rectify a wrong foisted on its members in 1994 and 2002 when the Post’s command group entered into a lease, after discussions with the Borough’s former mayor (who apparently was simultaneously a member of the lessee-railroad club), which at those times signed away, apparently without the Post membership’s permission, substantially all of the Post’s assets in a lease that is perpetual and “unconscionable” (as at least one attorney calls it). As the Post Commander for the last several years, while directing the Post in its many endeavors to get back into supporting the communities of Ho-Ho-Kus and Ridgewood and all veterans and their families, according to the “Purposes of the Corporation”, my burdensome duty has been to try to find a “pro bono” (at no cost) attorney that would litigate our case in court against this unlawful, illegal lease, so determined by the NJ State VFW Staff Judge Advocate who appears to be supported by at least two NJ statutes.
The lessee, the Ramapo Valley model railroad club, initiated a unilateral legal action against the veterans of our Post when in the Fall of 2005 their club member-attorney (the same club member-attorney who wrote the original lease in 1994) went before the Borough of Ho-Ho-Kus Mayor and Council complaining of the Post (the landlord) wanting to demolish the building and to reconstruct it, stating that they would fight for their leasehold rights, or words to that effect, even though the club was planned to be offered the entire second floor of the new building. That unilateral, uncooperative, aggressive action by the railroad club and its member-attorney commenced only two days after the Post Commander and the club’s president agreed to a meeting with club members to discuss the reconstruction project. Unfortunately, the meeting did not take place until many months later, since the VFW Post was now required to find its own attorney to represent it.
While the railroad club tenant has found an allegedly high-priced, “pro bono” litigating attorney from Closter, NJ to represent the approximately twenty-five club members, the ninety-four veterans in our VFW Post (as of June 30, 2009), all of whom have served OR ARE SERVING honorably in our Country’s military service, have not found any qualified, willing litigator, despite numerous discussions with attorneys, to take our case “pro bono” as the lessee has done. To my recollection, every one of the attorneys we contacted has reviewed the lease and every one has said words to the effect that they “have never seen a lease like this before” in which the lawful property owner (the Veterans of Foreign Wars) is so limited, among other issues, and in which that limitation extends forever!
It must be said, however, that several of the attorneys that we have contacted have been very helpful in providing some ideas and assistance, even though they have not been able to take on our case “pro bono” for various reasons, such as, they are not litigators, not specialists in the required field, etc. There was one local attorney, however, who after several very encouraging and favorable telephone discussions with me, said that he would take on our case and then suddenly made a complete reversal and became very antagonistic. He personally gave me the “cold shoulder” by not returning numerous phone calls (even when he did answer and said he would) and writing a very disturbing letter to me after I went to his office to find out what was wrong. While other attorneys have not returned or taken my follow-up phone calls, this one attorney appears to be the essence for the bad lawyer jokes. These actions and similar ones by other area attorneys have made some Post members think and remark that there may be something in play of which we are not cognizant.
Be that as it may, after contacting these many attorneys and not receiving what we required, we attempted to get the ball rolling by going “pro se” (representing ourselves) in the eviction process.
The eviction notice prepared by me as the Post Commander and given the tenant and its attorney, with copies to the Ho-Ho-Kus Mayor and Council among others, was filed with the Superior Court of Bergen County listing over two pages of inequities and contract violations by the tenant. For example, the lease is a perpetual one (not 99-years, but forever); it limits the use of the facility by the veterans (the landlord) to only once per month for its meeting; it sets the annual lease payment at an unconscionably low annual rate of $1,217 set for this year for a space of at least 2,500 square feet in Ho-Ho-Kus; the lease appears not to permit the landlord (the VFW) to cancel the lease at the time of renewal, only the tenant may do that in writing; it permits the tenant, without the notification to, or permission of, the landlord to alter the insides of the building for whatever it wishes to whatever extent it wishes; it relegates the once per month VFW meeting to an area that is impractical for complying with the VFW rituals and by-laws as well as the local fire code; and these are only a few among the restrictions or violations regarding the lease stated in the eviction notice papers.
To our dismay, the case was “dismissed without prejudice” because as a corporation in NJ a litigant is required to have legal representation (an attorney) in the court proceeding.That legal hurdle, however, has not stopped us in our pursuit to rectify the injustice perpetrated on us veterans. It is just another obstacle that we need to overcome and we believe that in the end, our Post, like the principles of Truth and Justice, as naïve as that may sound to some folks, will prevail. After all, aren’t they two principles that we veterans fought for and many of our comrades died for and our current troops are fighting and dying for, for us and others around the world, every day?
As a result, after much effort on our own, we veterans are at the point of asking the help of, you, the residents, business owners, and organizations of the communities of Ridgewood and Ho-Ho-Kus, whom we specifically serve, as well as others who read this, to assist us financially by sending whatever money you are able to provide for our legal expenses, to the Washington Elm VFW Post 192, 620 Cliff Street, Ho-Ho-Kus, NJ 07423, so that we might hire a qualified litigating attorney to represent us and to rectify this unjust situation without further delay.
Those of you who have the opportunity to have a matching fund donation from your company/corporation, please use this means to double your donation. All the IRS numbers for our organization for a tax-deductible donation are at the top of this letter.
We recognize that times are financially tight for all of us, but anything you can send for our legal expenses would be helpful and very much appreciated by the patriots, and in memory of those who have sacrificed all, from the Veterans of Foreign Wars Post 192.
If you have any questions, please do not hesitate to contact the undersigned at 201-445-1121.
May God continue to Bless America!
/s/ Stanley A. Kober
Stanley A. Kober
Commander,
Washington Elm VFW Post 192
620 Cliff Street
Ho-Ho-Kus, NJ 07423
TEL: 201-445-1121
FAX:201-445-2091
Posted by 71542 at 9:28 AM 0 comments
Labels: Ho-Ho-Kus, Hohokus, military, New Jersey, NJ, post 192, Ridgewood, veterans, vfw, washington elm
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