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philly0116

Troubling News From Hope, AR

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are they trying to invoke eminent domain?

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are they trying to invoke eminent domain?

I'm not sure. I think Mrs. Klipsch Attny feels like she has rights to the property due to the amount of $$ she put into refurbishing the building. I guess when it was donated to the city it was in shambles.

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UPDATE: It looks like the PWK museum is going to be shut down. Per my conversation with Mr. White, he is in the process of finding a storage facility to move everything into until Mrs. Klipsch decides whether to send it all to New Mexico or find a new place in Hope. Sad. Im glad I had the opportunity to go and see it. I dont know what will become of the memorial garden....whether it will stay or go.

Edited by philly0116

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I don't think any of you have the exact correct information on all this, but a few of you are pretty close. Mrs Klipsch has not lost this battle I can assure you that. No matter what rumors fly I believe the outcome of the whole thing, given time, will surprise you all.

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are they trying to invoke eminent domain?

The city of Hope owns the building and the director of the arts council is married to the city manager.

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If Mr. Klipsch were alive I think he would tell them to take thier building and shove it.

Indeed!

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UPDATE: It looks like the PWK museum is going to be shut down. Per my conversation with Mr. White, he is in the process of finding a storage facility to move everything into until Mrs. Klipsch decides whether to send it all to New Mexico or find a new place in Hope. Sad. Im glad I had the opportunity to go and see it. I dont know what will become of the memorial garden....whether it will stay or go.

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and you are? your credibility is grounded in.. what exactly? add some transparency to your posts or you're doing nothing more than stirring the pot and passing along opinions.

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This is from the City of Hope website: http://www.hopearkansas.net/pview.aspx?id=6508

If 1/2 of the people that use this Forum were to call all the numbers on their web site. Public safety excluded. I bet we could tie up their Phones for days. If we had the home numbers of the city officials we could call day and night until they surrendered.

Taz

A Saul Alinsky tactic if I ever heard one. Worthy of Mike Todd, who, I hear, got O'brien to design Todd-AO by calling him day and night.

I do think, though, we need more info.

On another topic (Clinton), I'm sure glad the forum is not being used to express political opinion.

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I am a commercial real estate manager and leasing agent and unless there is a lease in place or the current public ownership is mrs. klipsch, she has no rights to the building what so ever. Mrs. Klipsch may have items in the building that belong to her and she has rights to those personal items. Changing the locks is called a commercial lockout and is usually afforded to the owner as a right in a lease as a means of landlord remedy when a tenant defaults and does not remedy. This means the owner has taken repossession. The owner can usually sell the items within that are that of the tenants but items belonging to others get into a grey area. This is known as damage mitigation here the owner can try to make up monies lost due to breach of contract. Mrs. Klipsch would have to somehow prove that the items in the museum are actually hers. Most of the time, an owner does not want to pay to have others peoples items removed and would rather the tenant removes it themselves. An owner especially doesn't want to get in the middle of selling others items potentially and it is wise to consult with a 3rd party company to ensure that the sale goes properly to remove liability from the owner.

Mrs. Klipschs attorney could try to swing a "sweat equity" type deal and prove that she has some kind of ownership but she would most likely receive a monetary settlement if anything at all. This is purely speculation and would be a lot to physically prove.

I am basing this on AZ revised statutes for the most part. I understand that real estate laws vary by state but what i am talking about is pretty basic stuff. Things obviously go deeper if she has retained an attorney. If a commercial lease exists, all of the rules of the game are laid out within that. Here in AZ, there are very few laws that exist for commercial, most of the rules and "laws" are written within the lease itself. Residential is 100% different where the state usually has a landlord tenant act written up which is a huge guide to be followed plus those rules setup within a lease that can't and shouldn't contradict law unless there are situations where it allowed.

Edited by SuBXeRo
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and you are? your credibility is grounded in.. what exactly? add some transparency to your posts or you're doing nothing more than stirring the pot and passing along opinions.

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Considering that I've been a huge part of the museum and right beside Mrs Klipsch and Robert Wyatt, I feel that I know more about this situation.not only have I gone to the city meetings with Mrs Klipsch and have had numerous personal meetings with the mayor. I believe that Is credible enough. And Mrs Klipsch thanks all of you who are onher side.

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Considering that I've been a huge part of the museum and right beside Mrs Klipsch and Robert Wyatt, I feel that I know more about this situation.not only have I gone to the city meetings with Mrs Klipsch and have had numerous personal meetings with the mayor. I believe that Is credible enough. And Mrs Klipsch thanks all of you who are onher side.

we still don't know WHO you are!! You created a new profile with an undecipherable name and have given no details about your offiline identity. So at this point, you're just an anonymous somebody spouting off information as fact. Give us your name, position, role in the current negotiations, etc if you want to have any assumed credibility.

welcome to the internet.

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I am a commercial real estate manager and leasing agent and unless there is a lease in place or the current public ownership is mrs. klipsch, she has no rights to the building what so ever. Mrs. Klipsch may have items in the building that belong to her and she has rights to those personal items. Changing the locks is called a commercial lockout and is usually afforded to the owner as a right in a lease as a means of landlord remedy when a tenant defaults and does not remedy. This means the owner has taken repossession. The owner can usually sell the items within that are that of the tenants but items belonging to others get into a grey area. This is known as damage mitigation here the owner can try to make up monies lost due to breach of contract. Mrs. Klipsch would have to somehow prove that the items in the museum are actually hers. Most of the time, an owner does not want to pay to have others peoples items removed and would rather the tenant removes it themselves. An owner especially doesn't want to get in the middle of selling others items potentially and it is wise to consult with a 3rd party company to ensure that the sale goes properly to remove liability from the owner.

Mrs. Klipschs attorney could try to swing a "sweat equity" type deal and prove that she has some kind of ownership but she would most likely receive a monetary settlement if anything at all. This is purely speculation and would be a lot to physically prove.

I am basing this on AZ revised statutes for the most part. I understand that real estate laws vary by state but what i am talking about is pretty basic stuff. Things obviously go deeper if she has retained an attorney. If a commercial lease exists, all of the rules of the game are laid out within that. Here in AZ, there are very few laws that exist for commercial, most of the rules and "laws" are written within the lease itself. Residential is 100% different where the state usually has a landlord tenant act written up which is a huge guide to be followed plus those rules setup within a lease that can't and shouldn't contradict law unless there are situations where it allowed.

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This is Arkansas, not Arizona, and this is a tenant-landlord dispute. And when a tenant has belongings in a residence, it is illegal to change the locks and prevent them from getting to them. Illegal. That is called an illegal lockout to be exact, and the owner can be sued. Look it up. It Also applies in Arizona. Mrs Klipsch was right in retaining lawyers.. Yes, more than one. All she wanted was her rights back and when she got them we moved to a new location because we do not want to work beside those evil people. Point blank. Can you blame her? I would have sued the pants off of them if it had been my decision

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I have no problem giving my name even though you alkyl have created profiles and I'm not asking for proof of who you are. Why does it matter anyway? My name Is Krissy Arnold and I'm the assistant director of the Klipsch museum along with Mrs Valerie Klipsch personal secretary. I have been right by her side through this while thing from day one so anonymous or not, I have the answers.

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And I'm also administrator of the Paul w Klipsch museum of audio history page on Facebook

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I have no problem giving my name even though you alkyl have created profiles and I'm not asking for proof of who you are. Why does it matter anyway? My name Is Krissy Arnold and I'm the assistant director of the Klipsch museum along with Mrs Valerie Klipsch personal secretary. I have been right by her side through this while thing from day one so anonymous or not, I have the answers.

We're not walking around stating authoritative facts in a particular situation. You are. That means you're required to provide information that can be independently verified if we are to believe a word you say. it's a pretty simple concept.

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My name Is Krissy Arnold and I'm the assistant director of the Klipsch museum along with Mrs Valerie Klipsch personal secretary. I have been right by her side through this

That would have been a good opening statement. Welcome to the forum.

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