Thread: EarthQuest Institute Fraud Continues / Don Allen Holbrook CEO

Word has it the IILL (International Institute of Lower Learning) has had to commission an additional artist to carve the nose on the wooden statue honoring the Lord and Supreme Master of the Internet. Dr. Paul Bunyon will be working with the original artist, Dr. Geppetto, as Dr. Geppetto has no experience working with California Giant Redwoods.

Originally Posted by pantherdadX2

Word has it the IILL (International Institute of Lower Learning) has had to commission an additional artist to carve the nose on the wooden statue honoring the Lord and Supreme Master of the Internet.

I wonder how he's going to do it.

He must be going to do some sort of telescopic arrangement to allow for future growth in the length of said nose.

I just released my latest book, “The Art of the Deal Today,” which is based on my most popular speaking platform that has been in great demand since the 2008 Global Financial Crisis. You can purchase it on Amazon and Kindle.

Don Allen Holbrook was hired in 2007 to:
EAST MONTGOMERY COUNTY IMPROVEMENT DISTRICT / Directors approve contracts / Contract OK'd for theme park consultant 11/29/2007 | Archives | Chron.com - Houston Chronicle

The directors will retain Don Holbrook and the Vercitas Group for consulting services in connection with the for-profit theme park portion of the Earth Quest project.

Under the terms of the $25,000 contract, Holbrook will provide the district with outside consulting services connected with securing financing and investors, said Frank McCrady, EMCID president and CEO.

"We want to make sure he stays with the project and makes the presentations," said McCrady.
Holbrook has already been working with the project's promoters, founders and the district and was actively involved in the process that selected the site of the Earth Quest venture.

The Earthquest Institute had $600,000.00 paid in professional services and most of that was probably to the professional fundraisers that were from Holbrook's former company (Stellar) that had bailed with him and formed their own group (Sage). Holbrook's gang raised very little of the 1.4 million that the charity got in funding. 1.1 million of that was tax dollars thrown at that Titanic by the East Montgomery County Improvement District. Holbrook raked in $328,000.00 at a ludicrous $185 dollars an hour before the whole mess imploded with no charitable work accomplished.

So both the Earthquest Institute and the for-profit theme park are just visions on paper and I am told are very unlikely to be funded. Holbrook has two colossal failures. So, why spend a penny on that book??

Soapboxmom

I assume this case has Holbroook and his attorney all lathered up:
Ohio Supreme Court Finds Personal Jurisdiction Over Out-of-State Internet Poster

Ohio Supreme Court Finds Personal Jurisdiction Over Out-of-State Internet Poster

Tuesday, July 06, 2010

Litigation
Ohio Supreme Court Finds Personal Jurisdiction Over Out-of-State Internet Poster
Kauffman Racing Equipment, L.L.C. v. Roberts, 2010-Ohio-2551 (June 10, 2010)

In a recent 4-2 decision*, the Ohio Supreme Court held that an Ohio court may exercise personal jurisdiction over a nonresident who makes comments on the Internet concerning an Ohio resident with the intent to cause harm.
The Case
The plaintiff, Kauffman Racing Equipment, L.L.C. (Kauffman), an Ohio limited liability company, manufactures engine blocks and other high-performance automobile equipment. The defendant, Scott Roberts (Roberts) is a Virginia resident who had never physically entered Ohio. Roberts purchased a Pontiac engine block from Kauffman's website, and later requested a refund, claiming that the block was defective. Kauffman found that substantial alterations were made to the block and refused to refund Roberts. Roberts subsequently made numerous postings to websites related to the automobile racing industry. Roberts's postings asserted that the block was "junk" and indicated his explicit desire to extract revenge upon Kauffman through his posts.

After receiving inquiries about the comments from at least five Ohio residents, Kauffman sued Roberts in Knox County Common Pleas Court alleging defamation and intentional interference with contracts and business relationships. The trial court dismissed the action for lack of personal jurisdiction. The Fifth District Court of Appeals reversed and held that the trial court had personal jurisdiction over Roberts.
The Ohio Supreme Court accepted Roberts's appeal to determine "whether an Ohio court can properly assert personal jurisdiction over a nonresident defendant when jurisdiction is predicated on that defendant's publication of allegedly defamatory statements on the Internet." The Court applied the two-pronged Ohio personal jurisdiction test, examining:

• whether the long-arm statute and applicable rule of civil procedure confer jurisdiction, and, if so;
• whether the exercise of jurisdiction would deprive the nonresident defendant of due process under the Fourteenth Amendment to the United States Constitution.

The Findings
The Court found that personal jurisdiction would be proper pursuant to R.C. § 2307.382(A)(3) and Civil Rule 4.3(A)(6), which allow jurisdiction and service of process over a nonresident who causes "tortious injury by an act or omission in this state." Roberts argued that he did not direct the allegedly tortious statements to Ohio or publish them in the state. But the Court analogized to a previous case in which it held that sending a letter to an Ohio resident was sufficient to confer jurisdiction in a defamation action. Fallang v. Hickey, 40 Ohio St. 3d 106 (1988). Kauffmann had established that at least five Ohio residents saw Roberts's statements, which was sufficient to demonstrate that the comments were “published” in Ohio.
The Court also found that even if Roberts had not published his statements within Ohio, R.C. § 2307.382(A)(6) and Civil Rule 4.3(A)(9) would subject him to personal jurisdiction. Those provisions allow jurisdiction over a person that causes "tortious injury in this state to any person by an act outside this state committed with the purpose of injuring persons, when he might reasonably have expected that some person would be injured thereby in this state." The Court found that Roberts's statements were made outside of Ohio with the purpose of injuring an Ohio resident and there was a reasonable expectation that the injury would occur in Ohio.
The Court further found that exercising personal jurisdiction over Roberts did not violate his Fourteenth Amendment due process rights because Roberts made his postings with the intent of injuring an Ohio resident. To reach this finding, the Court applied a three-part test:

• the defendant must purposefully avail himself of the privilege of acting in Ohio;
  
• the cause of action must arise from the defendant's activities in Ohio; and
• the acts or consequences of the defendant's acts must have a substantial enough connection with the forum state to make the exercise of jurisdiction over the defendant reasonable. Southern Machine Co. v. Mohasco Indus., Inc., 401 F.2d 374, 381 (6th Cir. 1968).

As to the first prong of the test, the Court explained: "Roberts intended the effects of his conduct to be felt in Ohio. His statements were communicated with the very purpose of having their consequences felt by [Kauffman] in Ohio." The Court also noted that the posts were read by Ohio residents and that Roberts knew that Kauffman's business reputation was centered in Ohio. Roberts's comments also met the second prong because Kauffman's cause of action arose from the allegedly defamatory statements, which were based on Roberts's contacts with Ohio. Roberts's actions satisfied the third prong because the state's "legitimate interest in protecting the business interests of its citizens" made the exercise of jurisdiction over Roberts reasonable. The Court thus affirmed the exercise of jurisdiction over Roberts.
The Impact
The effects of Kauffman are difficult to predict. In a dissent joined by Justice Lanzinger, Justice O'Donnell critiqued the majority for "extend[ing] the personal jurisdiction of Ohio courts to cover any individual in any state who purchases a product from an Ohio company and posts a criticism of it on the Internet with the intent to damage the seller." The case appears to be limited to situations where the statement is made with the intent to injure. Time will tell whether the decision provides a route to relief for Ohio companies subject to attack from defamatory Internet postings originating outside of Ohio.

There are all kinds of issues for Holbrook. He is not a resident of Ohio. And, his business and reputation clearly are not centered in Ohio. His business only registered as a foreign corporation on April 25, 2012, which is one day after Huber Heights filed suit. So, any allegedly tortious acts happened before he had any real presence in that state. And, as the city gave him the heave-ho on March 14, 2012 those statements Holbrook imagines must predate that. Holbrook has rambled endlessly about defamatory statements, but he doesn't seem to grasp those statements he is referring to are centered around the defunct Earthquest Institute, stalled Earthquest theme park project and a proposed project in Pahrump, Nevada. So, the statements Holbrook has been melting about are not targeting Ohio or about his business there in any way.

None of those Holbrook sued could have had any intent or reasonable expectation of injuring anyone in Ohio by discussing matters of public concern related to their states of residence, which are Texas and Nevada. My comments are on the site I admin for, the Pahrump Valley Times and numerous sites devoted specifically to the area local to Earthquest such as the the:

https://www.facebook.com/pages/Earth...n/240136904264

Discussion about the New Caney Dino Park - Houston Dinosaur Park

Roman Forest Online Message Board - Latest on Earthquest theme park

Kingwood Underground - the heart and soul of our Kingwood, Texas family

Fantasy Land - Page 1 - News - Houston - Houston Press

2. Third-Party Defendant Heather Dobrott (“Dobrott”), upon information and belief,
is a resident of Garland, Texas, which is located about 25 miles northeast of Dallas and about
250 miles northwest of Houston, is also known by the user name “soapboxmom”, is the
administrator of a website with the address www.realscam.com, regularly and frequently blogs,
posts, re-posts, and posts links to defamatory, derogatory, and false statements on a variety of
websites and blogs, including but not limited to defamatory, derogatory, and false statements
about Don Allen Holbrook, LLC, at least since February 7, 2012, if not earlier, constituting
cyber-stalking and cyber-harassment, including but not limited to,
http://pvtimes.com/news/theme-park-c...by-ohio-town/;
http://www.topix.com/wire/city/huber-heights-oh; http://www.topix.com/wire/city/pahrumpnv?
q=u:pvtimes.com;
http://blogs.houstonpress.com/hairba..._huber_heights.
php; Discussion about the New Caney Dino Park - Houston Dinosaur Park and
Kingwood Underground - the heart and soul of our Kingwood, Texas family, regularly and frequently posts
links on “www.realscam.com” and other websites to postings and blogs written by Third-Party
Defendant Frank Maurizio, Third-Party Defendant Craig Malisow, Third-Party Defendant
Cynthia Calvert, and others that include defamatory, derogatory, and false statements about Don
Allen Holbrook, LLC, in order that such postings exploit search engine optimization on websites
such as Google and other search engine websites so that defamatory, derogatory, and false
statements about Don Allen Holbrook, LLC, go “viral” and are listed at the beginning of any
4
search for “Don Allen Holbrook, LLC”, “Don Holbrook”, “Holbrook” or other variations on the
name, on internet search engines and which postings have been seen and downloaded from the
internet by persons residing in the State of Ohio....

12. Upon information and belief, shortly after Malisow placed his telephone call on or
about February 29, 2012, to Mr. Adams, persons either employed by the City or elected officials
of the City, are believed to have conducted “internet research” on Don Allen Holbrook, LLC
and, as a proximate result of the concerted action among Third-Party Defendants in posting and
re-posting defamatory, derogatory, and false statements about Don Holbrook, causing them to
“go viral” because of search engine optimization logarithms, persons either employed by the City
or elected officials of the City found defamatory, derogatory, and false statements on the
internet, including but not limited to defamatory statements (per se or per quod), by Dobrott,
Maurizio, Malisow, Calvert, and possibly other unknown persons on the various websites
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identified above, calling Don Allen Holbrook, LLC, a “scammer”, “scam artist”, “a work at
home scam promotor”, “The Music Man” (making reference to Meredith Willson’s character
“Harold Hill”, a confidence man, in the Broadway show, “The Music Man”), “selling bottles of
magic water”, posting photos on websites allegedly showing “drunken dancing” on a table,
“drunken antics”, “drunken soirees”, stating that Mr. Holbrook “misrepresented the [Houston
Earthquest] project to folks in Pahrump [Nevada]”, stating that “expenses are downright
criminal”, referring to “Holbrook and his flunkies”, stating “I am going to label this guy
[Holbrook] nothing more than a self promoting and quite arrogant scammer”, and, upon
information and belief, taking credit for ruining the business and reputation of Don Allen
Holbrook, LLC on 03-30-2012 on www.realscam.com: “Pardon me, but Mr. Holbrook brags of
that 100 projects worth billions that created 50,000 jobs, but has yet to name even one of these. I
want a complete list so I can verify that he was responsible for these lofty accomplishments he
brags of. His recent projects have been falling through. Earthquest is in bankruptcy and the
charitable institute part of that project is defunct after Don Holbrook walked away with 33% of
the almost 1 million raised. Other projects may well not go forward as his credentials and
accomplishments are being investigated.” Emphasis added....

26. Upon information and belief and sometime on or before February 29, 2012,
defamatory, untrue, derogatory, and false statements about Don Allen Holbrook, LLC were
posted by internet bloggers Dobrott, Maurizio, and articles were posted on the internet by
Malisow and Calvert on various websites, including but not limited to realscam.com,
pvtimes.com, houstonpress.com, ourtribune.com, and were re-posted to exploit search engine
optimization logarithms to cause harm to Don Allen Holbrook, LLC....

33. At a meeting on March 14, 2012 between Don Allen Holbrook, LLC and
members of the City Staff, including Mayor Ron Fisher and Mark Campbell, a member of the
City Council, Mr. Campbell said, without any warning to Don Allen Holbrook, LLC, that the
City no longer wanted a relationship with Don Allen Holbrook, LLC, did not believe that the
City had received any value for the monies paid, and demanded a full refund of all monies paid
under the Agreement....

COUNT ONE AGAINST ALL THIRD-PARTY DEFENDANTS:
CIVIL CONSPIRACY

COUNT TWO AGAINST ALL THIRD-PARTY DEFENDANTS:
TORTIOUS INTERFERENCE WITH CONTRACT
AND PROSPECTIVE BUSINESS RELATIONS

COUNT THREE AGAINST ALL THIRD-PARTY DEFENDANTS:
DEFAMATION (PER SE OR PER QUOD).......

A. On Count One for Civil Conspiracy, Third-Party Plaintiff Don Allen Holbrook,
LLC asks this Court to grant judgment in its favor and against all Third-Party Defendants,
compensatory damages in favor of Third-Party Plaintiff Don Allen Holbrook, LLC in an amount
in excess of $25,000.00 to be shown at trial, punitive damages in an amount in excess of
$50,000.00 to be shown at trial, pre-judgment and post-judgment interest, its attorney’s fees and
all costs of this action and the Complaint filed against it;
B. On Count Two for Tortious Interference with Contractual Relations with the City,
with Pahrump Nevada, and tortious interference with prospective business relations against all
Third-Party Defendants, Third-Party Plaintiff Don Allen Holbrook, LLC asks this Court to grant
judgment in its favor and against these Third-Party Defendants, compensatory damages in an
amount in excess of $25,000.00 to be shown at trial, punitive damages in an amount in excess of
$50,000.00 to be shown at trial, pre-judgment and post-judgment interest, its attorney’s fees and
all costs of this action and the Complaint filed against it;
C. On Count Three of the Third-Party Complaint for Defamation per se and/or per
quod, Third-Party Plaintiff Don Allen Holbrook, LLC asks this Court to grant judgment in its
favor and against all Third-Party Defendants, compensatory damages in an amount in excess of
$25,000.00 to be shown at trial or if such statements are determined to be defamatory per quod,
special damages in an amount in excess of $66,000.00 for any losses relating to the City, special
damages in an amount in excess of $80,000.00 for any losses relating to a pending contract with
Pahrump, Nevada, special damages in an amount in excess of $25,000.00 relating to any other
losses that may be shown at trial relating to existing, pending and/or future losses of business
with existing and/or prospective clients, compensatory damages to repair its reputation on the
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internet in the approximate amount of $25,000.00 for the first year and approximately $8,000.00
per year thereafter, to be shown at trial, punitive damages in an amount in excess of $50,000.00
to be shown at trial, pre-judgment and post-judgment interest, its attorney’s fees and all costs of
this action and the Complaint filed against it; and
D. For such other legal and/or equitable relief this Court deems just and proper.
Respectfully Submitted,
s/Sue Seeberger
Sue Seeberger (0059730)
5975 Kentshire Drive, Suite D
Dayton, Ohio 45440-4264
Voice: (937) 291-8646
Fax: (937) 291-8650
sueseeberger@biegeltye

It is time to be very clear on why I believe that Holbrook and his counsel are going to go down in flames.

Of those websites listed that I am posting on, the only one I posted on before March 14th when the city told Holbrook his report was not acceptable and they wanted their money back was www.realscam.com. So, in relation to the alleged tortious intereference with the contract with the city, which is what the original case and this one must center on, there is page one of this thread. That is not going to cut it!

Craig would have called on February 29th for information for his article. Full of questions and nothing more.

Frank Maurizio wrote his Music Man series of blogs starting May of 2012. Craig Malisow's article about Earthquest hit the paper on April 11th, 2012 which is long after Huber Heights sent him packing!!!

Cynthia Calvert and the Tribune had the following articles published before the March 14 blow-up:

EarthQuest land in bankruptcy - Tuesday, January 10, 2012 - Copyright 2007 Ourtribune.com (no mention of Holbrook)

EMCID may lose millions unless dino-project built - Tuesday, January 24, 2012 - Copyright 2007 Ourtribune.com (no mention of Holbrook)

Court gives EarthQuest developer time to raise money, save project - Tuesday, February 07, 2012 - Copyright 2007 Ourtribune.com

A Disneyland for gun lovers - Monday, February 20, 2012 - Copyright 2007 Ourtribune.com

Where's the money? - Tuesday, February 21, 2012 - Copyright 2007 Ourtribune.com (no mention of Holbrook)

Second dino-park in Jasper sunk by savvy officials - Tuesday, March 06, 2012 - Copyright 2007 Ourtribune.com (no mention of Holbrook)

EarthQuest fees mount - Tuesday, March 06, 2012 - Copyright 2007 Ourtribune.com

Crowd interested in recent EarthQuest revelations receive little formal update - Friday, March 09, 2012 - Copyright 2007 Ourtribune.com (no mention of Holbrook)

So, the Ohioans would have been able to access those articles and the first page of this thread. Virtually all the numerous alleged defamatory comments Holbrook's attorney mentions were published long after the city sent him packing. And, as they are all truthful, factual and/or expressions of opinion, they are therefor not defamatory or false as he and his attorney claim.

Holbrook's problems in Ohio are his own doing entirely! There is no conspiracy, no tortious interference in Ohio and no defamation. His problem in Pahrump is again his own doing and that issue has no place in this case that is based on his dealings with Huber Heights Ohio.

If Holbrook thought he had problems with posts about him going viral before, boy is he in for a surprise! He isn't likely to get this past some brilliant Motions to Dismiss. I am sure all the defendants will be looking to recover the attorney fees on this frivolous harassment filing. This should be turned around on Holbrook and Seeberger and I hope Motions for Sanctions will be filed.

Holbrook has made wild accusations of libel and defamation when the postings are in fact truth, facts and opinion as far as I can see. Seeberger apparently didn't bother to check out what Holbrook told her. So, I think she has been negligent and reckless in this filing and possibly downright deceitful. She had an obligation when signing this filing against all of us to do so in good faith knowing the facts were established or likely to be established with discovery. This groundless, harassment fishing expedition is inexcusable!

As Holbrook stiffed Peabody Nixon to the tune of 1.29 million, I would be worried about working on a losing case for free if I was Seeberger! And, with all the bloggers and newspapers targeted, this is sure to get a deluge of publicity!

Soapboxmom

Holbrook's attorney is up against the top litigators in business, defamation and First Amendment:

Video: Charlie Faruki talks about the firm's practice, including its primary focus and services that Faruki Ireland & Cox provides. We have a passion for excellence. Excellence in work product, excellence in representation. Excellence in results. Welcome to Faruki Ireland & Cox P.L.L. Faruki Ireland & Cox P.L.L. is an experienced, national complex business litigation trial practice. The pace of business and personal interactions in the 21st Century is extraordinary. Technology and information combine to create, expand and enhance opportunities and relationships for our current and future clients every moment. In this complicated business environment, FI&C provides clients with innovative thinking, good judgment and hard work, to assist in resolving disputes large and small, near and far. Attention to detail and understanding that clients demand responsiveness, reliability, candor and cost effectiveness are leading contributors to the successful results we achieve for clients. We look forward to working with, and for, you. National Practice Coverage FI&C attorneys routinely appear in federal and state courts throughout the United States, and have appeared in the U.S. Supreme Court and most of the United States Courts of Appeals including the United States Court of Appeals for the Federal Circuit. In recent years, we have handled matters in over 30 states and Puerto Rico.

Partners | Attorneys Areas of Practice: First Amendment, Defamation, Privacy, Access to News, Freedom of Information Act, Commercial Business Litigation Law Schools: Academic Scholarship, University of Virginia Law School, 1961; Ohio State University, J.D., 1964 Undergraduate: Denison University, Granville, Ohio, B.A., Political Science and Economics, 1960 Born Marietta, Ohio, February 27, 1938, Bob's early years were spent in West Hartford, Connecticut. Later graduating from Denison University (B.A., 1960); University of Virginia Law School; The Ohio State University Law School (J.D., 1964), where he was a member of Phi Delta Phi Honorary. After graduating from law school, Bob started his legal career with the Dayton law firm of Estabrook, Finn & McKee, rising to the position of Senior Partner in that firm. The Estabrook firm was acquired by the Columbus firm of Porter, Wright, Morris & Arthur in 1984 and Bob was a Senior Partner, Member of the Executive Committee, and the Management Committee of that firm, as well as being the Partner in charge of that firm's Dayton office. In August, 1987, Bob moved his practice to the firm of Coolidge Wall Womsley & Lombard, where he was a Senior Partner and in some years was a member of the firm's Executive Committee and Compensation Committee. In August, 2004, Bob moved his practice to the firm of Faruki Ireland & Cox, P.L.L. He is a Federal Bar Examiner for the U.S. District Court, Southern District of Ohio, 1978-; a Life-Member Delegate, Sixth Circuit Judicial Conference; Member, International Association of Defense Counsel; Member, American Bar Association (Member, Business Litigation, Product Liability and Reinsurance Committees); The Ohio State Bar Association; the Dayton Bar Association; Defense Research Institute; Ohio Trial Lawyers Association; Chair of the Ohio State Bar Association Media Law Committee; National Freedom of Information Coalition; Carl D. Kessler Inn of Court. In 1983, Bob was elected as a Fellow of the American College of Trial Lawyers, a professional association of lawyers skilled and experienced in the trial of cases and dedicated to maintaining and improving the standards of trial practice, the administration of justice, and the ethics of the profession. Fellowship in the College is conferred on less than 1% of the lawyers who are licensed to practice in any state. Bob has been recognized as an "Ohio SuperLawyer," being the top 5% of Ohio's lawyers announced annually in the January edition of Law & Politics in Cincinnati Magazine. Bob is chief First Amendment counsel for the Dayton Daily News and the former Dayton Journal Herald; he has represented the Springfield News-Sun, WHIO TV-7, WPXI TV in Pittsburg, PA; has been chief First Amendment counsel for Cox Ohio Publishing and Dayton Newspapers, Inc., in every libel, access to news, court closure, gag order, FOIA and related matters for over 30 years; was chief counsel for the Dayton Daily News, Cox Newspapers and their reporters, Russell Carollo and Jeff Nesmith, in the successful FOIA lawsuit against the United States Government, which resulted in their series of stories on the U.S. Military's health care system, being awarded the 1998 Pulitzer Prize for National Reporting. He presently represents the Dayton Daily News, Cox Enterprises and corporate officers, editors and reporters in a libel case captioned Scaccia v. Dayton Newspapers, Inc. Bob also currently represents WHIO TV, Cox Broadcasting, Cox Enterprises and corporate officers and reporters in a defamation case captioned Total Exposure.com v. WHIO TV-7. Bob is admitted to practice before the United States Supreme Court, the United States Sixth Circuit Court of Appeals and the United States District Court for the Southern and Northern Districts of Ohio. Bob has been a frequent lecturer and panelist for seminars conducted by the Ohio State Bar Association Media Law Committee, the Ohio State Bar Association Local Government Affairs Committee, and other organizations. He is presently serving a two year term as the Chair of the Ohio State Bar Association Media Law Committee. Bob is a member of the Board of Directors of Kids Voting and is a member of the Dayton Lawyers Club, the Dayton Bicycle Club and the Moraine Country Club.

Holbrook's frivolous folly will be over very soon!!!

Soapboxmom

Don Allen Holbrook brags on LinkedIn:

Interim President & CEO (acting on pro-bono basis currently)

The EarthQuest Institute



2009 – Present (3 years) East Montgomery County Texas
I helped to found and organize the non-profite and developed the mission and objectives. I later negotiated for their acquisition of their future site for the construction of their public demonstration facility and showcase pavilion for green strategies and products that will raise consumer awareness. Currently EQI is not soliciting funds as they are awaiting the announcement of the new theme park developer by EMCID and the expected official business relationship that EQI desires to have with the new developer. At that time I expect the new board will hire a new President/CEO for renewed and sustained operations going forward. I am still a major supporter of this concept and believe in it's purpose greatly!

Management Team

Our Management Team is comprised of accomplished executives from a variety of disciplines. They provide expertise in private and public fundraising, financial management, non-profit leadership and the sciences.

Don Holbrook, President and CEO
Dr. Matthew Gardner, Chief Science Officer
Executive Board

Our Executive Board represents the major creative and philanthropic developers of the EarthQuest concept, with respective backgrounds in science, communication, public education and community development.
Leon Cubillas, Chairman
Don Lessem, Founder and Director
John Marlin, Director

Conspiracy is a hot topic on this thread. I can think of an obvious one. Don Holbrook and Frank McCrady are still conspiring to hide the charity papers that must be public by law according to IRS regulations and the Texas Non-profit Corporation Act. Dr. Matthew Gardner sent the docs to the EMCID office to Frank McCrady. McCrady and his attorney David Marks have refused to turn over the docs. Don Lessem referred me to Holbrook as well. Don Holbrook went so far as to instruct the Earthquest Institute's accountants to withhold the documents from me and the other journalists and contributors that are demanding to see them. I made reports to the IRS and the Texas Attorney General's Office.

I wonder if Sue Seeberger is going to continue to support Holbrook's activities that clearly violate the law???

I will not stop fighting until those documents are in my hands!!!!

Soapboxmom

1
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
CITY OF HUBER HEIGHTS, OHIO
Plaintiff,
v.
DON ALLEN HOLBROOK, LLC
Defendant/Third-Party Plaintiff
v.
Heather Dobrott, et al.,
Third-Party Defendants.
CASE NO. 2012-CV-02947
JUDGE MICHAEL TUCKER
MEMORANDUM IN OPPOSITION OF
DEFENDANT/THIRD-PARTY
PLAINTIFF DON ALLEN
HOLBROOK, LLC TO THIRD-PARTY
DEFENDANT HEATHER DOBROTT’S
MOTION TO DISMISS FOR LACK OF
PERSONAL JURISDICTION AND
MOTION TO QUASH SERVICE OF
PROCESS
I. INTRODUCTION
Defendant/Third-Party Plaintiff Don Allen Holbrook, LLC (“Defendant” or “DAH,
LLC”) opposes Third-Party Defendant Heather Dobrott’s Motion to Dismiss for Lack of
Personal Jurisdiction and Motion to Quash Service of Process (“Dobrott Motion to Dismiss”) to
dismiss the Second Amended Third-Party Complaint (“Third-Party Complaint”) filed against her
under the holding in Kauffman Racing Equip., LLC v. Roberts, 126 Ohio St.3d 81, 2010-Ohio-
255, ¶ 74, in which the Ohio Supreme Court refused “to allow a non-resident defendant to take
advantage of the conveniences that modern technology affords and simultaneously be shielded
from the consequences of [her] intentionally tortious conduct.” Id. Thus, DAH, LLC asks this
Court to deny the Dobrott Motion to Dismiss and to quash service of process and to conclude
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Tuesday, August 07, 2012 3:45:16 PM
CASE NUMBER: 2012 CV 02947 Docket ID: 17413322
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
2
that this Court has personal jurisdiction over Heather Dobrott (“Mrs. Dobrott”) under R.C.
2307.382(A)(3) and (6) and that she has been properly served with process under Civ.R.
4.3(A)(3) and (9) and to conclude that exercising personal jurisdiction over Mrs. Dobrott will not
violate the Due Process clause of the United States Constitution.
II. STATEMENT OF FACTS
DAH, LLC is an Arizona limited liability company registered to conduct business in the
State of Ohio and also conducts business around the United States of America and elsewhere as
an economic developer in the public and private sectors. Third-Party Complaint, ¶ 1. Mrs.
Dobrott resides in Garland, Texas. Affidavit of Heather Dobrott (“Dobrott Aff.”), ¶ 1. Mrs.
Dobrott concedes that she published statements on the Internet under the user name
“soapboxmom” regarding DAH, LLC to a Nevada based website at www.realscam.com.
Dobrott Aff., ¶ 6. Contrary to Mrs. Dobrott’s attestion in paragraph 6 of her Affidavit, there is
no Exhibit A attached to her Affidavit. Thus, there is no submitted to this Court that Mrs.
Dobrott has not made statements about Don Holbrook, Holbrook, or Don Allen Holbrook, LLC
before the City breached the Agreement. Should Exhibit A to Mrs. Dobrott’s Affidavit be
attached to her reply memorandum, DAH, LLC will respond in a timely manner to any evidence
therein.
Mrs. Dobrott regularly and frequently blogs, posts, re-posts, and posts links to
defamatory, derogatory, and false statements on a variety of websites and blogs, including but
not limited to defamatory, derogatory, and false statements about DAH, LLC, at least since
February 7, 2012, if not earlier, constituting cyber-stalking and cyber-harassment, including but
not limited to, http://pvtimes.com/news/theme-park-c...by-ohio-town/;
http://www.topix.com/wire/city/huber-heights-oh; http://www.topix.com/wire/city/ pahrump3
nv?q=u:pvtimes.com; http://blogs.houstonpress.com/hairba...05/Earthquests
_don_holbrook_sued_huber_heights.php; Discussion about the New Caney Dino Park - Houston Dinosaur Park and
Kingwood Underground - the heart and soul of our Kingwood, Texas family, regularly and frequently posts
links on “www.realscam.com” and other websites to postings and blogs written by Third-Party
Defendant Frank Maurizio, Third-Party Defendant Craig Malisow, Third-Party Defendant
Cynthia Calvert, and others that include defamatory, derogatory, and false statements about
DAH, LLC, in order that such postings exploit search engine optimization on websites such as
Google and other search engine websites so that defamatory, derogatory, and false statements
about DAH, LLC, go “viral” and are listed at the beginning of any search for “Don Allen
Holbrook, LLC”, “Don Holbrook”, “Holbrook” or other variations on the name, on internet
search engines and which postings have been seen and downloaded from the internet by persons
residing in the State of Ohio. Third-Party Complaint, ¶ 2. Mrs. Dobrott concedes that she
published statements on her website concerning “Holbrook’s involvement with development
projects in Pahrump, Nevada and Montgomery County, Texas.” Dobrott Aff., ¶ 9.
Internet postings by “soapboxmom” on www.realscam.com and other websites have been
seen and downloaded by persons in Ohio, including but not limited to Shelli Nestle, Steven
Carne, and Roger Reynolds. See Affidavit of Shelli Nestle (“Nestle Aff.”), ¶¶ 1-2 attached
hereto as Exhibit A; Affidavit of Roger Reynolds (“Reynolds Aff.”), ¶¶ 1-2 attached hereto as
Exhibit B; Affidavit of Steven Carne (“Carne Aff.”), ¶¶ 1-2 and attached hereto as Exhibit C.
All of these negative threads and postings began well before February 28, 2012. Nestle Aff., ¶ 3;
Reynolds Aff., ¶ 3; and Carne Aff., ¶ 3.
DAH, LLC entered an Agreement with the City of Huber Heights, Ohio (“City”) to
perform an economic development business case analysis with the assistance of the City Staff
4
and collaboration of the current developer. Third-Party Complaint, ¶¶ 14-20 and Exhibit 1
attached thereto. The City Council adopted a Resolution on December 12, 2011, approving the
Agreement and payments to DAH, LLC. Third-Party Complaint, ¶¶ 14-16 and Exhibit 2
attached thereto. Under the Agreement, the City was to be invoiced a total of $66,000.00, of
which the City has only paid $53,800.00 leaving an outstanding balance of $12,200.00 owed,
thereby breaching the Agreement. Counterclaim, ¶ 39.
The Agreement stated that the recommended “scope of work . . . . would require the
assistance of the City Staff and collaboration of the current developer to provide information and
collaborate on conceptual development strategies.” See Exhibit 1 attached to the Third-Party
Complaint. Donnie Jones, Assistant City Manager, was directed by former City Manager Gary
Adams to work with DAH, LLC on various incentives and financing models, but failed to do so.
Third-Party Complaint, ¶¶ 22, 24, 25, 30, 31, 33.
In an email dated February 29, 2012 to DAH, LLC, Mr. Adams said that he had been
contacted by a reporter in a city near Houston, Texas, asking if the City had a contract with
DAH, LLC, which Mr. Adams confirmed, and then Mr. Adams told DAH, LLC in an email that
it was a “strange conversation”, but that he was not concerned about it because it did not pertain
to the City. Third-Party Complaint, ¶¶ 12, 26-28.
At a meeting on March 14, 2012 between DAH, LLC and members of the City Staff,
including Mayor Ron Fisher and Mark Campbell, a member of the City Council, Mr. Campbell
said, without any warning to DAH, LLC, that the City no longer wanted a relationship with
DAH, LLC, did not believe that the City had received any value for the monies paid, and
demanded a full refund of all monies paid under the Agreement. Third-Party Complaint, ¶ 34.
Mr. Carne attended an earlier meeting on March 14, 2012, as a member of the Executive
5
Board of the Montgomery County Agricultural Society and is also associated with DAH, LLC.
Carne Aff., ¶ 4. Mr. Carne spoke to Mayor Fisher on March 15, 2012, and Mayor Fisher told
Mr. Carne that Jim Borland, Acting City Manager (after Mr. Adams), gave Mr. Campbell copies
of internet research on DAH, LLC and that Mr. Campbell gave copies to Mayor Fisher. Carne
Aff., ¶ 6.
On March 30, 2012, before the City of Huber Heights filed its lawsuit against DAH,
LLC, the following comment was posted on www.realscam.com:
“Pardon me, but Mr. Holbrook brags of that [sic] 100 projects worth billions that
created 50,000 jobs, but has yet to name even one of these. I want a complete list
so I can verify that he was responsible for these lofty accomplishments he brags
of. His recent projects have been falling through. Earthquest is in bankruptcy
and the charitable institute part of that project is defunct after Don Holbrook
walked away with 33% of the almost 1 million raised. Other projects may well
not go forward as his credentials and accomplishments are being
investigated.”
Third-Party Complaint, ¶ 12 (emphasis added). On April 8, 2012, Mayor Fisher told Mr. Carne
that he wanted to drop the lawsuit against DAH, LLC and walk away. Carne Aff., ¶ 7. On April
10, 2012, Mr. Carne told Mr. Holbrook about his conversations with Mayor Fisher, including the
statements about internet research. Carne Aff., ¶ 8.
III. UNDER OHIO LAW, OHIO COURTS ARE OPEN TO ALL PERSONS.
As a preliminary matter, this Court must reject Mrs. Dobrott’s implicit argument running
throughout her Motion to Dismiss that because DAH, LLC is not an Ohio limited liability
company, it cannot seek redress for an injury it suffered in Ohio in an Ohio court. Mrs.
Dobrott’s argument is contrary to Ohio law. The Ohio Supreme Court has explained that the
“courts of this state are, and always will be, as open to a non-resident plaintiff as to citizens of
this state, provided they meet the necessary statutory requirements imposed by the General
Assembly.” Howard v. Allen, 30 Ohio St.2d 130, 137 (1972).
6
Article I, Section 16 of the Ohio Constitution, the “Open Courts” amendment, is entitled
“Redress in courts” and states in part:
“All courts shall be open, and every person, for an injury done him in his
lands, goods, person, or reputation, shall have remedy by due course of law, and
shall have justice administered without denial or delay. . . .”
Emphasis added. Thus, under the Ohio Constitution, Ohio courts are open to “every person”, not
just residents of the state. R.C. 1.59(C) states that “‘[p]erson’ includes an individual,
corporation, business trust, estate, trust, partnership, and association.” As the Ohio Supreme
Court explained above in Howard, a non-resident plaintiff may sue in Ohio courts provided it
meets the necessary statutory requirements, which in this case is R.C. 2307.382, the Ohio longarm
statute. Notably, R.C. 2307.382 does not include the word “resident” anywhere to restrict
who may bring a claim for affirmative relief against a non-resident defendant.
IV. UNDER OHIO LAW, THIS COURT HAS PERSONAL JURISDICTION OVER
MRS. DOBROTT.
When a defendant asserts a lack of personal jurisdiction as a defense to a complaint, the
burden is on the plaintiff to establish that the trial court has personal jurisdiction over the
defendant. Enquip Technologies Group, Inc. v. Tycon Technoglass, S.r.l., Greene App. No.
2010-CA-23, 2010-Ohio-6100, at ¶ 10 (2nd Dist.), citing Jurko v. Jobs Europe Agency, 43 Ohio
App.3d 79, 85 (8th Dist. 1975). A plaintiff is required to make only a prima facie showing of
personal jurisdiction to withstand a motion to dismiss. Kauffman Racing Equip., LLC v.
Roberts, 126 Ohio St.3d 81, 2010-Ohio-255, at ¶ 27, citing Fallang v. Hickey, 40 Ohio St.3d
106, 107 (1988). Allegations in pleadings are accepted because under Ohio law, “an admission
in a pleading dispenses with proof and is equivalent to proof of the fact.” J. Miller Express, Inc.
v. Pentz, 107 Ohio App.3d 44, 48 (9th Dist. 1995), citing Rhoden v. Akron, 61 Ohio App.3d 725,
727 (9th Dist. 1988) (“. . . an admission made in pleadings dispenses with the need to prove the
7
truth of the matter admitted.”). Affidavits, depositions, interrogatories, or other oral testimony
may be used because matters relating to personal jurisdiction may not be apparent on the face of
the summons or complaint. Jurko at 85. In considering whether a plaintiff has made its prima
facie showing, a court must (1) view the allegations in the pleadings and any documentary
evidence in a light most favorable to the plaintiff; and (2) resolve all reasonable competing
inferences in favor of the plaintiff. Goldstein v. Christiansen, 70 Ohio St.3d 232, 236 (1994).
In order for an Ohio trial court to exercise personal jurisdiction over a non-resident
defendant, it uses a two-step analysis to determine: (1) whether R.C. 2307.382(A) and Civ.R.
4.3(A) confer personal jurisdiction; and, if so, (2) whether the exercise of personal jurisdiction
would deprive a non-resident defendant of the right to due process of law under the Fourteenth
Amendment to the United States Constitution. Enquip Technologies Group at ¶ 10, citing
Kauffman Racing Equip. at ¶ 28. Ohio courts use this analysis because R.C. 2307.382 and
Civ.R. 4.3(A) do not confer personal jurisdiction to the limits of the Due Process clause.
Goldstein at 238 n.1. This two-step analysis applies to cases involving the use of the internet and
websites. Kauffman Racing Equip. at ¶ 25. Also, this Court may take limited judicial notice of
website addresses and whether a website is interactive or for informational purposes only. See
Malone v. Berry, 174 Ohio App.3d 122, 2007-Ohio-6501, at ¶ 13 (10th Dist.). Thus, DAH, LLC
has the burden to make a prima facie showing to this Court that it has personal jurisdiction over
Mrs. Dobrott.
A. A plaintiff makes a prima facie showing of personal jurisdiction by alleging
conduct to meet the requirements under R.C. 2307.382(A).
In order for an Ohio court to exercise personal jurisdiction over an out-of-state defendant,
a plaintiff must allege that an out-of-state defendant, directly or by an agent, engaged in specific
enumerated activities identified in R.C. 2307.382(A), including the following sections relevant to
8
DAH, LLC’s claims for civil conspiracy, tortious interference with contract and prospective
business relations, and defamation against Mrs. Dobrott:
(A) A court may exercise personal jurisdiction over a person who acts directly or
by an agent, as to a cause of action arising from the person’s:
(3) causing tortious injury by an act or omission in this state; . . . .
(6) causing tortious injury in this state to any person by an act outside
this state committed with the purpose of injuring persons, when he
might reasonably have expected that some person would be injured
thereby in this state; . . . .
Emphasis added. To assert a tortious injury under R.C. 2307.382(A)(3) and Civ.R. 4.3(A)(3), a
plaintiff need only make a prima facie showing that it suffered a tortious injury in the state of
Ohio by an act or an omission by the defendant. In Kauffman Racing Equip., the Ohio Supreme
Court concluded that the tort of defamation had been committed in Ohio by a non-resident
defendant who posted allegedly defamatory statements on the Internet when the plaintiff showed
evidence that Ohioans had seen these statements on the Internet, thus meeting the material
element of publication of the comments in Ohio. Id. at ¶¶ 41-42, citing Keeton v. Hustler
Magazine, Inc., 465 U.S. 770, 777 (1984); Fallang v. Hickey, 40 Ohio St.3d 106, 107 (1988).
The Ohio Supreme Court in Kauffman Racing Equip. also concluded that “even if” the
defendant had not published his internet postings within the state of Ohio, the defendant was “not
shielded from the reach of Ohio’s long arm” statute. Kauffman Racing Equip. at ¶ 43. The
Court concluded that R.C. 2307.382(A)(6) and Civ.R. 4.3(A)(9) allow an Ohio court to exercise
personal jurisdiction over a non-resident defendant and provide for effective service of process
“if the cause of action arises from a tortious act committed outside Ohio with the purpose of
injuring persons, when the nonresident defendant might reasonably have expected that some
person would be injured thereby in Ohio.” Kauffman Racing Equip. at ¶ 43, citing Clark v.
9
Connor, 82 Ohio St.3d 309, 313 (1998).
In Kauffman Racing Equip., the Ohio Supreme Court found that although the defendant’s
publication of his tortious comments did not emanate from Ohio, that the plaintiff made a prima
facie showing that the tortious comments were published in Ohio, meaning that the tort was
committed in Ohio. Id., citing Keeton v. Hustler Magazine, Inc., 465 U.S. 770, 777 (1984);
Fallang at 107. The Ohio Supreme Court reasoned: “Roberts posted his allegedly defamatory
statements on the Internet, ostensibly for the entire world to see.” Kauffman Racing Equip. at ¶
42. Because the plaintiff produced evidence that Ohioans saw the defendant’s postings, the Ohio
Supreme Court found that the defendant’s statements were published in Ohio, the alleged tort
was committed in Ohio and that R.C. 2307.382(A)(3) and Civ.R. 4.3(A)(3) were applicable. Id.
Alternatively, the Ohio Supreme Court concluded in Kauffman Racing Equip. that the
requirements under R.C. 2307.382(A)(6) and Civ.R. 4.3(A)(9) were met when defamatory
statements made outside Ohio had the purpose of injuring persons in Ohio, then there is a
reasonable expectation that the purposefully inflicted injury will occur in Ohio. Id. at ¶ 44.
B. If a Court finds personal jurisdiction under R.C. 2307.382(A), it must next
determine whether its exercise of personal jurisdiction will comport with an
out-of-state defendant’s Due Process rights.
Even if this Court concludes that DAH, LLC has made a prima facie showing under R.C.
2307.382(A) and Civ.R. 4.3(A), then Ohio law requires a court to consider whether exercising
personal jurisdiction will violate an out-of-state defendant’s rights to due process of law.
Goldstein at 235. The due process clause under the Fourteenth Amendment limits the power of
state courts to enter judgments against a nonresident. Kulko v. California Superior Court, 436
U.S. 84, 91 (1978). The Due Process clause permits a court to obtain either general or specific
jurisdiction over a non-resident defendant depending on the nature of the defendant’s contacts
10
with the forum state. Kauffman Racing Equip. at ¶ 46. DAH, LLC has not alleged that Mrs.
Dobrott’s contacts with Ohio have been of a “continuous and systematic nature” for this Court to
exercise general jurisdiction. DAH, LLC has alleged that its cause of action is related to or
arises out of Mrs. Dobrott’s contacts with Ohio for this Court to exercise specific jurisdiction.
Id. at ¶ 47, citing Helicopteros Nacionales de Colombia v. Hall, 466 U.S. 408, 414 (1984).
Specific jurisdiction is permitted if the defendant’s contacts with Ohio meet the factors
identified in the three-part test established in Southern Machine Co. v. Mohasco Indus., Inc., 401
F.2d 374, 381 (6th Cir. 1968). First, a defendant must purposefully avail herself of the privilege
of acting in the state or causing a consequence in the state. Second, the causes of action must
arise from the defendant’s activities. Third, the defendant’s actions or the consequences of
defendant’s action must have a substantial enough connection with the state to make a court’s
exercise of jurisdiction over the defendant reasonable. Southern Machine at 381.
When the first two factors are met under the Southern Machine analysis, an inference
arises that the third “reasonableness” factor is also present. Kauffman Racing Equip. at ¶ 71.
Among the factors relevant to the reasonableness inquiry are that a state has a significant interest
in redressing injuries that actually occur within the state and “that a high degree of unfairness is
required to erect a constitutional barrier against jurisdiction.” Kauffman Racing Equip. at ¶ 72
(citations omitted).

Mrs. Dobrott’s actions, by
posting and re-posting her own and others’ defamatory comments about DAH, LLC, specifically
exploit search engine optimization logarithms on search engine websites so that the negative
comments appear at the beginning of search results for “Don Allen Holbrook, LLC”, “Don Allen
Holbrook”, “Don Holbrook”, or “Holbrook”, constituting cyber-bullying, cyber-stalking, and
cyber-harassment, for the whole world to see on the Internet.

Holbrook is way out of line with these criminal allegations. Journalists and bloggers researching and blogging about Earthquest, its principles and related issues could not possibly be construed as cyber-bullying, cyber-stalking, and cyber-harassment.

Anti-SLAPP Law in Texas | Citizen Media Law Project

Anti-SLAPP Law in Texas

Note: This page covers information specific to Texas. For general information concerning Strategic Lawsuits Against Public Participation (SLAPPs), see the overview section of this guide. The Texas Citizens Participation Act, H.B. No. 2973, allows you to counter a SLAPP suit against you based on your statements in exercise of your right of free speech, petition, or association. The statute provides for a special motion to dismiss, and allows (with some exceptions) for a stay of discovery proceedings while your motion is being considered. If your motion to dismiss is successful, the court will award you attorneys' fees, court costs, and possibly punitive damages against the party that filed the lawsuit.
The statute allows for dismissal of suits based on any type of communication, in any medium, that is: related to a "matter of public concern"; or pertaining to or in connection with any governmental proceeding or issue being considered by any governmental branch; or between individuals “who join together to collectively express, promote, pursue, or defend common interests."
Because the Texas Citizens Participation Act became effective as of June 17, 2011, there is currently no legal authority interpreting the act. If you know about any relevant cases, please contact us.
Activities Protected By The Texas Anti-SLAPP Statute

To challenge a lawsuit under the Citizens Participation Act, you must show that it is based on your act or acts of "communication" (defined as the "making or submitting" of any "statement or document in any form or medium") in connection with your rights of association, petition, or free speech. The statute broadly defines these rights:

• (a) "Right of association" refers to people collectively "express[ing], promot[ing], pursu[ing], or defend[ing] common interests."
• (b) "Right of free speech" refers to communications related to "a matter of public concern."
• (c) "Right to petition" refers to a wide range of activities relating to governmental proceedings or issues being considered by governmental bodies.

Although dependent on your subject matter, the right of free speech is the section of the statute that will most likely apply to statements made online. The statute defines a "matter of public concern" as as issue related to health or safety; environmental, economic, or community well-being; the government; a public figure or official; or a good, product or service in the marketplace. If a lawsuit against you involves online statements on any of these topics, the statute may provide you relief.......

If you succeed in fending off a SLAPP lawsuit in Texas, you may be able to bring a claim of malicious prosecution against the original plaintiff. While Texas does not have a special form of process for a "SLAPPback" claim, the elements of a malicious prosecution claim are similar. You should consult an attorney to see whether such a claim may be viable in your case.

The only statement Seeberger seems to be able to find is the following made on March 30, 2012:

Pardon me, but Mr. Holbrook brags of that [sic] 100 projects worth billions that
created 50,000 jobs, but has yet to name even one of these. I want a complete list
so I can verify that he was responsible for these lofty accomplishments he brags
of. His recent projects have been falling through. Earthquest is in bankruptcy
and the charitable institute part of that project is defunct after Don Holbrook
walked away with 33% of the almost 1 million raised. Other projects may well
not go forward as his credentials and accomplishments are being
investigated.

That is completely factual. Texas and Pahrump and a dozen or so other places where Don Holbrook tried to sell his destination theme park nonsense had been looking into him. That is why Holbrook sanitized his website of all those references and declared he wouldn't name the projects. I went to Archive.org, Holbrook's books and his fiery post on Amazon and I researched every claim. I called many of these clients as well and some had no idea who Holbrook was, others said he had only a very minor role in the project (i.e. it was underway before he stepped in and or was completed without him) others acknowledged Holbrook's involvement. This thread clearly documents all that. I guess Holbrook and his attorney didn't bother to read this thread and check the dates. THey also have failed to produce a single false or defamatory statement by any party anywhere.

Attachment 1528

does place matter

ANYMORE?... YES, BUT!

By Don Holbrook, CEcD, FM....

The East Montgomery
County Improvement District (EMCID), as part of its
role in the Greater Houston Partnership, has responded
to market forces such as those identified in the Mega
Trends by looking at its market through the eyes of
investors, with no particular knowledge or affinity for
its region.

By following the five steps described next, EMCID not
only responded to recent economic setbacks such as the
loss of its own Astro-World Six Flags Theme Park but also capitalized on its strengths of being one of the
world’s leading energy centers. EMCID’s support for the
EarthQuest project has given it an entirely new approach
to recreating the brand of defining the greater Houston
economy for residents, employees, and visitors.

“We expect that EarthQuest will uniquely
fill a need in the US for green housing and
commercial space. When you consider it
alongside other, more high profile efforts
such as MASDAR in the UAE and Dong Tan
in China, EarthQuest will differ in that it
will be a practical, cost effective example of
how to utilize green technologies to
reduce carbon footprints and also be an
economically viable multi use master planned
diverse community. If we play our cards right,
it could become a standard for
responsible, practical development in this
new green economy as well as an
economic development engine for new
technology research and development.”

Dr. Matt Gardner, Chief Scientific Officer
The EarthQuest Institute, New Caney, Texas

Frank McCrady, president of EMCID, says “the
EarthQuest project evolved and has been successful
because we agreed early on that it would be necessary to
step outside the box of known realities and take calculat-
ed risks with private sector partners to define a new real-
ity that will deliver a future that will be full of new
opportunities for us and our region and recognized by
the private sector as a sound investment.”

In the case of EarthQuest, the EMCID board commis-
sioned a third party study by experts on this subject and
then sought additional expertise to review the findings of
the first conclusive report of findings and recommenda-
tions. This set the tone for further actions.....

EMCID created a consultant driven strategy for how
to fund the gaps in the financial conditions that would
need to be addressed to attract investor support to drive
a public-private partnership. This became the crux of its
foundation for incentives to close the deal, once terms
could be agreed upon that met economic development
goals and attracted an investor to support the capitaliza-
tion of the project.....

Again, EMCID and its new private investment partner
created an MOU of agreed upon deliverables, invest-
ments, and key milestones that would be supported by
expert advice on how to execute a planned project and
bring it to fruition....


In the end, the EarthQuest project created a new state
legislatively supported Economic Zone to enable the spe-
cial environment to exist in East Montgomery County to
allow the EarthQuest project to come to fruition.
EarthQuest built its investor package by leveraging
the relationships of the locale, region, and state and
required a comprehensive mesh of state, regional, and
local partnerships along with the private sector to create
economic development project that will meet the
market needs of the global investment culture.



“Communities need to be proactive in their
development of investment opportunities. With the
continued shrinkage of the planet through transportation and
communication technology, it is easier than ever to attract
consultants. These consultants say
simply “prove what you say” and sup-
port it with impartial third party
expert data and research, so my client
will feel comfortable making this
investment and then stand behind
your promises with the right cus-
tomized incentives that make our
business globally competitive.
Today, there is no room for cookie
cutter economic development poli-
cies.

Christopher G. Brown, P.E. President
Contour Entertainment, Inc.


In conjunction with a 1600-acre green master
planned community and a green-theme park which will
be the largest destination attraction in the country next to
Disney World, this project will have a huge economic
impact on the Houston region. It will play a key role in
key market forces such as site location consultants;
the process of transforming Houston into the renewable
energy capital of the world. The overall EarthQuest proj-
ect has both 501(c)(3) elements and a multi-billion dollar
private sector element that work in tandem to give
uniqueness to the overall EarthQuest project. The project
will have residential, retail, hospitality, entertainment,
commercial/office, research, education, and manufactur-
ing elements comprehensively balanced throughout the
1600-acre economic zone.

Economic Development Journal / Fall 2008 / Volume 7 / Number 4

This fantasy filled pile of excrement was published 4 years ago. Holbrook has been shoveling it high and deep for years. The IEDC sits back and cheers him on while he lies to and misleads clients and millions of tax dollars are wasted. The IDEC is a joke as it is clear they do not enforce their code of ethics and discipline their members. Who would trust anyone from that organization under these conditions?

EMCID has allowed Frank McCrady to run loose and wild and spend money virtually uncehecked. If Frank was in the real world working for a company, he would have been disciplined and fired long ago.

The taxpayers in EMC have been screwed out of literally millions of dollars by these carpetbaggers. Don Allen Holbrook also absconded with the charity money to the tune of at least $328,000.00 or more and left it defunct with not a single charitable purpose ever accomplished. Much of that money was tax dollars funneled through EMCID and the funds of hard working local business people who got burned by this pipe dream. Numerous local residents that bought into this con game made investments in hotels, RV parks and other businesses that have gone under while numerous breaking ground and completion dates have passed with nary a shovel full of dirt ever moved.

Holbrook is still parading around the country and desperately looking for more suckers to sell on his destination theme park garbage. Pahrump has been running him out and it is becoming more and more obvious why Huber Heights, Ohio filed suit. That whole contract centered on Holbrook furthering this same destination theme park scam that allows him and Contour to make hundreds of thousands of dollars even if the project is never funded and built.

In e-mails to Pahrump, Holbrook stated that Earthquest would break ground in December 2011 or early 2012. He also said that Contour had had control of the project as the developer since signing an agreement with EMCID in May 2011. That makes Contour yet another failed developer. After more than a year, they haven't even secured the funds to buy the property. Contour is now babbling about getting a new feasibility study. What part of EMCID doesn't have another dime to blow on this Fantasy Land is confusing for Contour???

http://www.pahrumpnv.org/images/uplo...14_Backup3.pdf

I am told that while wallowing in bankruptcy again, his Majesty, the Lord and master of the internet, is still living the lifestyle of the rich and famous. This *******, Don Allen Holbrook, had the nerve to waltz in and empty the coffers with the taxpayers taking 100% of the risk on this blown up Fantasy Land. Then, Holbrook had the absolute gall to turn around and sue the taxpayers and media that dared to speak out. I will work tirelessly to expose the truth and see no more good, honest taxpaying citizens get burned by Holbrook!!!

Soapboxmom

kuhf houston public radio
public radio news & information twenty four hours a day from houston, tx


KUHF Business News
Tuesday AM April 14th, 2009

by: Ed Mayberry

Plans are still underway for an Epcot-styled green theme park, as part of a "green" community here in Houston. Ed Mayberry talked with economic development consultant Don Holbrook for an update.

The new EarthQuest development will encompass retail stores, an outlet mall, restaurants and hotels, a convention center, office space, a research facility, a zoo — and "green" homes, according to Don Holbrook, president and CEO of the EarthQuest Institute.


"We're excited about it. I mean, it's — we've been in the process of planning this for six years, so we think the kind of a perfect storm came along and helped us. But we're going to break ground probably next year — first or second quarter of 2010 — with opening planned in 2012, late 2012. My original undergraduate degree was in urban planning and environmental studies. So I joke that I've been a 'green' developer for all my career, which I won't say how many years that is, but it's getting up there now, at this point."

EarthQuest Institute is a non-profit entity advocating green technologies. The institute is overseeing a planned museum and various education components in conjunction with the “green” vision of this master-planned community, according to Holbrook, who attended a recent forum on alternative energy.

"We're excited by it. We're hoping that President Obama will get the credit markets opened up! We're not worried about the equity, we're worried about the debt markets! But very excited, we think Houston's a great place for this. It's the energy center of the country. There's no one pixie dust solution for all this. It's a collaboration of all the energy companies and technologies that we believe are going to create the solutions. And so we're excited to be kind of that showcase, to show those off for people here in Houston — to make Houston not only just a huge eco-tourism and green tourism destination in the country, but a great place to come and learn about sustainable energy, clean technologies, energy conservation and see things from around the world."
The EarthQuest Resort will be located off of highway 59 in New Caney.

Ed Mayberry, KUHF Houston Public Radio News.

Ohio civil conspiracy law is quite fascinating:

https://docs.google.com/viewer?a=v&q...z-sW78nEe-m3-Q

the elements of civil conspiracy

in Ohio are: (1) a malicious combination, (2) two or more persons,

(3) injury to person or property, and (4) existence of an unlawful

act independent from the actual conspiracy. Conspiracy cannot be

made the subject of a civil action unless something is done which,

in the absence of the conspiracy allegation, would give rise to a cause of action.

The unlawful act itself must be accomplished or

completed before an action in civil conspiracy will lie. [Internal

citations omitted.] Seminatore v. Dukes, Cuyahoga App. No. 84032,

http://www.weldinginfonetwork.com/li...MSJGranted.pdf

In Ohio, civil conspiracy requires plaintiffs to show the existence of “a malicious
combination of two or more persons to injure another in person or property in a way not
competent for one alone, resulting in actual damages.” Williams v. Aetna Fin. Co.
(1998), 83 Ohio St.3d 464, 475. Because conspiracy is not a free-standing tort, plaintiffs
must also establish the existence of a separate, independent wrong. Wilson v. Harvey
(Ohio App. 8 Dist), 2005-Ohio-5722, at 41. And that independent wrong must have been
not a negligent act, but an intentional one. Hicks v. Bryan Med. Grp., Inc. (N.D. Ohio
2003), 287 F. Supp.2d 795, 813.

Civil Liability for Conspiracy - Conspiracy

In order to amount to a civil conspiracy, the parties to the conspiracy have to be aware of the wrongful nature of the act and the harm it may cause at the time of agreement to commit an act[iv]. The intention to achieve an unlawful object is an element in civil conspiracy.

If no direct act is done in furtherance of the conspiracy, there is no civil liability[v]. A person can bring an action only if some damage have been caused to him/her due to the overt acts of the conspirators[vi].
A person who was present at the time of commission of an offense need not be liable for the harm caused if it can be proved that there was no agreement from his/her part[vii].

http://www.niu.edu/law/organizations...ns%2037-68.pdf

The court explained, “By its nature, tort liability arising from conspiracy
presupposes that the coconspirator is legally capable of committing the tort,
i.e., that he or she owes a duty to plaintiff recognized by law and is potentially
subject to liability for breach of that duty.”29 The court added, “Conspiracy
is not an independent tort; it cannot create a duty or abrogate an
immunity. It allows tort recovery only against a party who already owes
the duty and is not immune from liability based on applicable substantive
tort law principles.”.....

Permitting
a plaintiff to maintain a conspiracy claim against a defendant that does
not owe him or her a duty magnifies the potential for abuse.....

Specifically, the court rejected plaintiffs’ “guilt by
association” theory as exceeding the boundaries of a duty of care.177 The
court also identified the “burdening of fundamental rights of [free] speech
and association,” and the punitive and chilling affect allowing liability
would have

The civil conspiracy allegation will be blowing up in Holbrook's face. Frank Maurizio and I only became acquainted because of Don Allen Holbrook threatening to sue us both. That happened long after Huber Heights had sent the buffoon packing and demanded a refund. I suppose Sue Seeberger is going to insist we conspired via the use of my time travel broomstick.

Then there is that conspiracy to write totally factual, well researched articles and posts that we all engaged in. I asked for advice on how to get the Earthquest Institute records that according to the IRS and Texas Non-profit corporation act must be available. Don A. Holbrook is the president and CEO and the one hiding those records. Why don't we discuss the conspiracy between all those involved including Frank McCrady who are concealing said records against the letter of the law. Dr. Matthew Gardner did send those to the EMCID office, so we all know exactly where those documents are housed. No doubt the Ohio judge will open that Pandora's box.

A conspiracy to perpetuate the truth by all the journalists and bloggers. Diabolical!!!!

Soapboxmom

Let's take a look at what Don Holbrook said:

Reality Based Optimist

says:
May 15, 2012 at 11:24 am
Again, all of your statements are factually incorrect. I agree completely with Dr. Waters. Your assessment that EarthQuest is dead is incorrect. In fact, Earthquest has a new developer with a new and better development agreement that is when the funding is finalized going to make the tax payers of EMCID 100% whole.
The land had to be purchased from the bankruptcy court in order to allow the new developer the right to secure a purchase agreement for the land that he needs for the EarthQuest project.
In addition, if it had not been for the visionary actions of EMCID to intercede with the BK process and secure these rights for the land purchase and secure a new developer the project would have died with the failed original developer.

When we see the financing secured and dirt is moving we will believe Earthquest is really coming. Numerous groundbreaking dates have come and gone. Holbrook has been one of the ones proclaiming these fictitious dates. He told Pahrump the new developer, Contour, is buying (present progressive tense) the property in the summer of 2011. He then boldly proclaimed ground would break in Decemebr 2011 or the first quarter of 2012. All fiction and likely a ruse to get in the door there.

EMCID's Frank McCrady did nothing visionary. At this point the shyster failed developers, who didn't pay what they promised, are the only ones who can repurchase the Earthquest property. How stupid is that? Of course, Friendswood is laughing. They already announced their intention to build homes on the property when the option to purchase it isn't exercised in the next 18 months.

All of this was factually explained to the town board prior to any vote on their own desire to consider the development of a major destination attraction for Pahrump. We have never proposed a theme park. In addition, my role in all of these projects is to give advice on what incentives can or should be considered to attract the private sector investment necessary to fund the construction of such projects. I do not do my opinions based on the success of projects getting funded or upon the success of the developer hired by the public sector. My job is to create a recommendation for how to best engage the public-private partnership. That does not mean that all my clients adhere to my advice. EarthQuest is going through a transition from the failed developer to a new developer… many projects during the greatest financial crisis of my lifetime have had to do the same types of mitigation. That does not mean the project has failed.

Holbrook has claimed he advised EMCID against using the failed developers Marlin Atlantis, but interestingly, he had no problem working for them and accepting hundreds of thousands in payments from them while simultaneously working for EMCID, the charity and bringing in armies of his fundraising and other professional services buddies. Holbrook had his hands in numerous pies.

In addition, the statements and libelous comments made by Heather Dobrott and Mr. Frank Maurizio were not constructive and were not valid… they were misrepresentations on purpose in order to harm my professional reputation and thus illegal. Those types of comments are not protected by the first amendment.

Truth, facts and opinion are not actionable. Holbrook's frivolous suit is drowning him in negative publicity and exposing lots of information he would much rahter had not been dug up and splashed everywhere on the internet. My postings routinely go viral and top the search results!

With regard to Huber Heights I am counter suing them for breach of contract as they have no basis for their claims and they are using these tactics to avoid paying their legitimately owed bill for our final product and have taken our intellectual property without paying for it. Therefore we are going to deny any validity to all their claims and sue them for damages. I know why they made such an unprofessional breach of their contract and it will come out in court just what was actually behind this very poor business decision on the City of Huber Heights part, and it had nothing to do with my professional work product and nothing to do with any of their allegations.

Holbrook is clearly delusional and having conspiracy theory fantasies filling his pitiful little mind. There was a ton of information on the internet in 2011 before Huber Heights signed the contract. Holbrook was fired by Red Wing and Wayne County. His reputation couldn't have been made worse than it already was. Holbrook really started getting skewered after he started threatening everyone on the planet that dared discuss Earthquest and Pahrump (matters of public concern / where tax dollars are being spent) which happened after Huber Heights had shown him the door.

The people of Pahrump are in need of more jobs and building additional tourism is a very successful method to achieve those goals that the town board has for their constituents. But in the end, I am not the developer and I am not the financier. I am a public-policy specialist that has given them my opinion on the economic development issues that need to be addressed if they choose to move forward and create jobs and build additional economic benefits for their residents.

Earthquest created no jobs except for Holbrook getting his 1.2 million + and his buddies getting hired for various a sundry things. The people of Texas have nothing to show for it but 21 million in bond money that must be satisfied. Certainly, with this apparent failure there is reason for Pahrump to appraoch Holbrook cooked up plans with extreme caution.

In addition, Mr. Maurizio has stated falsely that our report to the Town of Pahrump was lifted from the EarthQuest project and that is a complete false statement and a accusation of dishonesty. Perhaps he should have taken my letter of warning I sent him more seriously. He should have been legally counseled on the damages of calling someone a liar and dishonest business person are when you do so intentionally and with the intent to harm someone’s reputation and economic livelihood with malice and specific purpose. I took the high road and sent both of these libelous bloggers warnings, both of which ignored them and choose to purposefully continue to spew misinformation, resorted to name calling, creating a negative image of my persona and professional work product and even attacked my reputation with my industry association colleagues and my social affiliations with allegations. That does not sound like the methodology or decision making process of what most of us would consider appropriate actions. If other people had experienced this type of hatred online that has been directed at me and my family and now my clients, they would more than likely have taken the same appropriate actions as I have done.

Holbrook is a self-created monster. His hideous attacks on taxpayers on the Pahrump Valley Times, Houston Press, Kingwood Underground and more tell the story. He viciously went after taxpayers in pahrump who were not supporting his destination theme park crap. He then attacked everyone who dared to speak out and threatened to sue all those who commented. He has since filed said frivolous harassment suit. I intend to see the whole world is well aware of Holbrook's lies and treachery. I will fight to the death to preserve the right to free speech!

Your portrayal of my reorganization bankruptcy was completely not factual as well. You obviously have no idea how such business matters work. My BK was a reorganization because I got stiffed for my final payment by Earthquest, which I was told was forthcoming by the developer. I made the decision to pay my IRS tax bill with that payment and when it did not come I could not mitigate the tax ramifications and workout a payment with the IRS unless I was under this Chapter 11 reorganization plan. There is nothing deceitful about creating a repayment plan that I could adhere to with my income that was available to me and predictable. My speaking, books and consulting projects are not predictable. Therefore the only longterm retainer for work I was able to use was the work I was contracted to do for EMCID. That does not mean that I did not disclose all of my income appropriately as you have stated. You again are factually wrong. Please leave me, my family and my clients alone. People who get online and spew such hatred are in my opinion mentally off and socially unbalanced. In my opinion Heather Dobrott and Frank Maurizio have some type of anger issues that they themselves need to deal with and quit blaming your hatred for your own lives on others. I am sure you have enough problems of your own or shortly will have in my opinion.

From Holbrook's bankruptcy:

1
INTERNAL REVENUE SERVICE
110 CITY PARKWAY
LAS VEGAS NEVADA 89101
INTERNAL REVENUE SERVICE
P.O. BOX 21126
PHILADELPHIA PA 19114-0326
Phone: INCOME TAX $ 113,500.00
2
INTERNAL REVENUE SERVICE
OGDEN UTAH 84201-0030
INTERNAL REVENUE SERVICE
OGDEN UTAH 84201-0030
Phone: INCOME TAX $ 28,400.00
5
INTERNAL REVENUE SERVICE
P.O. BOX 7346
PHILADELPHIA PA 19101-7346
INTERNAL REVENUE SERVICE
P.O. BOX 7346
PHILADELPHIA PA 19101-7346
Phone: INCOME TAX $ 6,300.00

1. Income from employment or operation of business
State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the debtor's business, including
part-time activities either as an employee or in independent trade or business, from the beginning of this calendar year to the date this case was
commenced. State also the gross amounts received during the two years immediately preceding this calendar year. (A debtor that maintains, or has
maintained, financial records on the basis of a fiscal rather than a calendar year may report fiscal year income. Identify the beginning and ending dates of
the debtor's fiscal year.) If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must
state income of both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
None
AMOUNT SOURCE
Year to date: $74,997.00 East Montgomery County Improvement Distric
Last Year: $99,996.00 EMCID
Year before: $90,000.00


So that equates to:
$90,000.00 for 2009
$99,996.00 for 2010
$74,997.00 for 2011 up to the filing date????
__________________________________________

EarthQuest 2009 bond sale: where did tax dollars go - Monday, April 30, 2012 - Copyright 2007 Ourtribune.com

EarthQuest 2009 bond sale: where did tax dollars go……
Third, Don Holbrook, consultant, was paid an eye-popping $773,963.43 out of the bond proceeds. Holbrook is truly a consultant extraordinaire, capable of walking on both sides of one street at the same time. That is, despite the obvious conflict of interests, he represented both EMCID and the Developer Group as their respective consultants on EarthQuest.
In an email dated April 18, 2012, McCrady acknowledged to The Tribune that EMCID had retained, and paid Holbrook, as its consultant, the sums of $27,000 and $277,000. Out of the 2009 bond proceeds, Holbrook was paid $273,963.43 by EMCID for work on tax incentive and legislative matters. EMCID subsequently paid him an additional $500,000 (as the Developer’s consultant) as a finder’s fee for the EarthQuest site.
Consequently, Holbrook has been paid more than $800,000 by EMCID, presuming the $277,000 and the $273,963.43 mentioned above refer to the same fee. Furthermore, while Holbrook was carting off EMCID’s bank vault, he and his merry band of minions were also plundering the EarthQuest Institute for every dime it had received. Under the auspices of EMCID, Holbrook alone stripped out at least $328,255.00 from the Institute. (For details, see The Tribune article dated April 4, 2012). Altogether, it appears that Holbrook received, from EMCID and the Institute, upwards o $1,200,000 for his various, if not nefarious, EarthQuest activities.
The level of compensation paid to Holbrook is beyond any rational explanation, let alone comprehension. What possible justification can the EMCID leadership and board make to its constituents that Holbrook was deserving of these unwarranted, outrageous, indeed, unbelievable sums of money?

Holbrook's taxes are a whopping $148,200. So, he was expecting some hefty payments from the Earthquest project to completely satisfy those. Think about the hundreds of thousands he was raking in from the tax dollars of everyday families struggling to make ends meet. Sickening! And, think about what that buffoon has admitted in his angry rant and bankruptcy filings. Holbrook admitted his books, speaking engagements and consulting projects make him little and were unpredictable. He was making his living off of Earthquest since 2007. Even though he made over 1.2 million from Earthquest, he claimed incomes of less than $100,000 per year to the IRS. I still want to know how a guy could be claiming $90,000 in income in 2009 when the hundreds of thousands in bond money landed in his lap. How does a guy making $90,000.00 afford a private school that is $20,000.00 a year for his high school aged son and tour Europe that summer? Holbrook has sure lived the life of a king on the taxpayers dime!!!

Soapboxmom

Reposted from houstondinopark.com
Very interesting comments by Don Holbrook - Economic Development Representative of EarthQuest

Comment by: Don Holbrook on Mar. 9th, 2012
With regard to all the rumors and unjust comments about EMCID and Frank McCrady, I can truly say this about the entire situation:

Just because John Marlin as the original developer failed to perform does not mean he did so with malicious intent. I believe we experienced and most Americans still are experiencing one of the worst global financial crisis in most of our lifetimes. He simply was trying to do this and did not know the economy would tank and thus his investors ran for cover as did thousands of other projects across the globe... Almost every city, town and region has faced this same scenario. Many with no hope of turning their plight around.

But not EMCID, led by Mr. McCrady. EMCID looked at it strategically and said if we are to improve our local economy we have to focus on being a destination in our region. They diversified and began working on more than just EarthQuest to build visitor draw and ancillary and complimentary tourism projects that employ people, fill hotel rooms, buy gas, food and other things. These efforts diversified their risk and made them not so dependent on just the success of EarthQuest. Those actions are now bearing fruit... Wake Boarding is hugely popular and will attract residents from all over Houston to EMCID territory to spend money and guess what employ people. Then they attract the worlds #1 Firearms Training Institute to build their new $25M plus state of the art world headquarters to EMCID besting out San Antonio for the project, which attracts over 25,000 trainees from around the world on NV and they expect to do over 60,000 in Texas. Those create nearly 300,000 room nights, consume food & beverages and buy gas and other retail items while in EMCID territory.

Not a bad outcome considering the great economic transition we are in. But I'm not skipping EarthQuest. EMCID once Marlin made them award he couldn't perform began making plans for how to mitigate Marlins lack of performance. They did not sulk or stick their head in the sand. They asked Chris Brown, one of the worlds foremost theme park designers to consider becoming the developer. He accepted the challenge and began planning the mitigation. He began by updating the business model so it would be valid in the post 2008 economic meltdown. Then he started building an astute board of advisors from the theme park industry and raising capital so that he could do the most important first step, regain site control once the Bankruptcy Court and the Bank were willing to allow such actions. This was controlled not by EMCID or Chris Brown but our judicial system.

Meanwhile EMCID strategically made all the right moves to protect the project so it could move forward. They positioned their interest in the land at no additional cost so they could provide Brown the new developer with an option to purchase the land from the BK proceedings. They clawed back all intellectual rights to the project and wrote a new and much stronger new development agreement requiring the new developer to license the Intellectual Property for a fee that would be enough to pay off the public investment in the project.

Most important they remembered that Marlins failure did not mean the project was not viable. Three different world renowned theme park experts all agreed Houston is the best market in the central time zone for a major Theme Park. So EMCID made sure the project would continue to move towards successful opening even if the developer failed. In my opinion EMCID and McCrady did their job excellent and because of their actions, someday soon Greater Houston will have one of the greatest theme park attractions in America. EMCID's strategic vision and perseverance will prove to have been strategically well executed and produce exceptional economic outcomes for their constituents. I feel so sad that these good people have endure such horrible abuse from some in the general public while doing their peers such a great outcome. Now that the Marlin scenario is beginning to settle out EMCID is moving forward just as it appears the economy is beginning to invest again. I know they will do excellent. I also believe Chris Brown deserves our full support as he works hard to get a great project back on track.

Comment by: Don Holbrook on Mar. 9th, 2012
Slander and defammation are easy to do and show the lack of intelligence of those that smear others with no regard for facts. Factual analysis that is not jaded requires intellect. I have found these comments to be wildly unfactual.

Here are some facts. Since you all enjoy googling so much. Find one failed project, one customer complaint, or any factual misconduct that is not just bloggers or hyperbole. You can't. They don't exist because I have done excellent projects, well over 100 and those projects have employed over 50,000 hard working Americans. These outcomes led my International Association of peers the international economic development council, made up of over 5,000 professionals to award me their highest honor of Fellow Member in 2008, for excellence in the profession and lifetime achievement. Less than 1% of my peers will ever win this award. Furthermore, projects of great magnitude take time to unfold and often face set backs, but they work through them and eventually succeed. Then everyone cheers how wonderful, and they claim they always supported it. Truth is great projects take vision, perseverance and thick skin to tolerate all those that lack such qualities. Almost forgot most people also overlook that I am the #1 author in my industry worldwide, #1 keynote public speaker world wide in economic development and one of the most sought out public policy consultants on economic development in the world. Communities seek me out I don't sell myself through marketing and advertisements but through word of mouth testimonials and references from satisfied clients... That is how I make a living, advising my clients on the best course of action to achieve the problem or opportunity they have asked me for advice on.

These posts have long since disappeared from the dino park forum, but are archived elsewhere. Perhaps, Holbrook would like to tell us again about the updated business model, names of the theme park industry experts on this board of advisers (which I am positive is a figment of his imagination,) and the amount of capital raised to fund this clunker. Who are the investors that are stupid enough to "pay off the public investment in the project" i.e. his wild spending sprees? Is Holbrook prepared to substantiate all this in discovery?

EMCID clawed back the intellectual property rights from whom? We have been told it was Don Lessem's baby and he wanted the rights back by 2014. We have been told EMCID has the rights and then we have also been told Contour had the rights and wouldn't cooperate with Don Lessem's demands. Who really does have them? Where is the documentation on this? More fodder for discovery no doubt!

If Holbrook is one of the most sought after public policy consultants on economic development in the world, then why does his bankruptcy show EMCID as his only source of income? And, why is his income always below $100,000.00 a year if he is beating off the clients and has had so many successful projects? There is some really funny math going on here!

Holbrook certainly knows how to best advise his "clients on the best course of action to achieve the problem." We certainly do have a problem and Holbrook is making quite a handsome living off of the taxpayers of Texas! Holbrook / his LLCs were paid at least 1.2 million dollars from 2007-2010. 2.5 million was blown by EMCID from the regular budget and the taxpayers are on the hook for 21 million in bonds that must be satisfied. This is a disaster of Jurassic proportion. It is time for some serious digging!

Soapboxmom

https://www.facebook.com/pages/Earth...e/224584770416

EarthQuest Institute

4 hours ago

Hello Everyone,

I wanted to give you all my assessment of the situation with regard to EarthQuest Institute and the connection with the now reorganized EarthQuest Adventures Theme Park project.

First, Dr. Matt Gardner and myself (Don A. Holbrook) have not been formally affiliated with the project since 2010. That is because the Non-Profit lost it's financial support from EMCID, and could no longer pay us for our time spent on the project. When this occurred the former staff ceased all fundraising efforts seeking clarification on how to progress EQI, but did not get any direction from the Board of Directors. In fact, Dr. Gardner, Myself and another staff member continued to perform our contractually obligated services at the request of EQI and EMCID and we have not been paid after almost two years for our time, which was deferred under this promise of payment. Finally, the former staff resigned and have awaited our final compensation now for over two years. Therefore, while we as the former staff remain very supportive of EQI, we cannot represent them or respond to requests for more information uncompensated for our time.

At this time, the original board of directors no longer exists or is not functional. Leon Cubillas the EMCID Chair was unelected, so I believe according to the formation by-laws the new Chair Person of EQI is Connie Bloodworth of EMCID. The developer also required as a minimum board member John Marlin no longer controls the Global EarthQuest Adventures Theme Park project and it would be my understanding that now Mr. Chris Brown the new developer (Contour Entertainment) would automatically become the 2nd board member of the three required. Mr. Don Lessem the original creative idea and founder has the third seat by rule of the formation and by-laws but he has formally resigned and does not want to be responsible for EQI debts and/or mission any further. That seat will need to be filled by EMCID and Contour.

All the files related to the EQI have been turned over to the Federal Government until EMCID and the remaining board members can take corrective action to address the EQI debts and on-going concerns.

Please do not reference the former staff, who were paid to manage the Board of Directors ideas for how to progress EQI as part of the basis for why EQI is not functioning or responding to the media. This is squarely the results of the original board of directors not fulfilling their obligations to provide adequate funding for the EQI and payment of their obligations that they agreed to provide to the former staff for undertaking and carrying out their instructions.

Furthermore, EMCID and Contour have both stated to me that once the new theme park project gets funded that EQI is going to be addressed and brought forward again in connection with the for profit project as a major element of the projects vision for a sustainable message underlying the fun elements of the theme park.

We wish EQI nothing but good luck, and we believe the original message and mission is still very valid and critical. In our opinion, without the support financially of EMCID and the developer well documented and carried out the fund raising was not adequate enough to maintain the mission. It can and should be a major contributor to the theme park mission and message once that is viable. In fact, it is my understanding that the current developer and EMCID have formally planned on including EQI in their new development agreement, but the former staff has not been apprised of how our deferred compensation is going to be addressed as of this date. We have been assured by EMCID that our unpaid time will be addressed that EMCID will make sure that we are fully paid at some point. We feel we have been more than patient but would like a definitive time for who and how we are going to get paid.

We just recently were informed of yet more media requests related to EQI and at this point we feel it is most appropriate that any such information requests should be addressed to EMCID in the future. They were the organization ultimately responsible for the formation of EQI and funded the first two years of operation and EMCID has control of the development agreement with Contour with regard to the themepark, so they are the best point of informational contact on this matter.




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  • EarthQuest Institute This posting represents the opinions of Don Holbrook and Don Holbrook alone.
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Is Don Holbrook saying the IRS has seized the records? Does he really think the taxpayers are going to throw any more money at this ridiculous deal???

I was told by Matthew Gardner that he had sent the records to EMCID care of Frank McCrady. Frank and that attorney David Marks can bite me. I am tired of the run around and BS! I want the public records made available immediately as required by law!!!!

I would suggest that Don Holbrook take appropriate action to get his name removed from all the charity's official filings. Until it is removed, I will be demanding the paperwork from him as he is the CEO and president. Since Holbrook is chasing me around in court, I will be requesting that and lots more in discovery. I intend to get everything but his used toilet paper!! Glad to know he is being hounded about this.

Soapboxmom

TheNiche

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Posted Today at 11:09AM
I'd say something specific about the players involved, but don't want to be thrown in with all the litigation.

Suffice it to say, if I were a hypothetical key employee of a failed entity that owed its existence to a government entity acting as angel investors, and my entity's business plan sucked and serious allegations had been made of impropriety on my part, then I would not be making a fuss about not getting paid even more money from the investors. I would not be deferring blame to the investors at all. I wouldn't be citing hearsay from them or about them to the public or the media. I'd be making as few waves as possible. I'd try to get on with my life, probably in a different city doing something very different. I might even consider seeking a legal name change.

That's just what I would do. It's just one man's opinion. (This statement is not intended as legal advice and should be strictly construed within the limits of the hypothetical scenario that is proposed with limited applicability to complex real-world situations.)

• Like This

"Forgive him for he knows not what he does. On the other hand, maybe he does know." --Frank Zappa

Holbrook doesn't know when to stick a sock in it!!!

From: David Marks [mailto:dmarks@marksrichardsonpc.com]
Sent: Friday, February 17, 2012 3:08 PM
To: Dobrott, Heather; leon.cubillas@att.net
Cc: fmccrady@emctx.com; sparmer@emctx.com
Subject: RE: Earthquest Institute Information Request

Ms. Dobrott

This firm does not now and had never represented Earthquest Institute or The Institute Earthquest, and therefore does not have access to any of the records you requested.

David

David M. Marks
Marks Richardson PC
3700 Buffalo Speedway, Suite 830
Houston, TX 77098
Phone 713.942.9922

From: Frank McCrady [mailto:fmccrady@emctx.com]
Sent: Friday, February 17, 2012 4:14 PM
To: Dobrott, Heather
Cc: David Marks; Leon Cubillas
Subject: RE: Earthquest Institute Information Request

Heather,

Earthquest Institute is a independent nonprofit corporation not under control of EMCID and as such neither I nor EMCID have access to its documents.

Frank F. McCrady
President/CEO
East Montgomery County Improvement District
P.O. Box 1019
New Caney, Texas 77357
281-354-4419

From: Dobrott, Heather [mailto:heather@dobrott.com]
Sent: Thursday, February 16, 2012 4:45 PM
To: leon.cubillas@att.net
Cc: Frank McCrady; Suzanne Parmer; dmarks@marksrichardsonpc.com
Subject: Earthquest Institute Information Request

This request is made under the Texas Public Information Act, Section 552 of the Texas Government Code. In accordance with the law, which requires that the “Officer for Public Records shall promptly produce such information for inspection or duplication, or both, in the offices of the governmental body,”

The Texas Non Profit Corporation Act says:

Art. 1396-2.23A. FINANCIAL RECORDS AND ANNUAL REPORTS. A. A corporation shall maintain current true and accurate financial records with full and correct entries made with respect to all financial transactions of the corporation, including all income and expenditures, in accordance with generally accepted accounting practices. B. Based on these records, the board of directors shall annually prepare or approve a report of the financial activity of the corporation for the preceding year. The report must conform to accounting standards as promulgated by the American Institute of Certified Public Accountants and must include a statement of support, revenue, and expenses and changes in fund balances, a statement of functional expenses, and balance sheets for all funds. C. All records, books, and annual reports of the financial activity of the corporation shall be kept at the registered office or principal office of the corporation in this state for at least three years after the closing of each fiscal year and shall be available to the public for inspection and copying there during normal business hours. The corporation may charge for the reasonable expense of preparing a copy of a record or report. D. A corporation that fails to maintain financial records, prepare an annual report, or make a financial record or annual report available to the public in the manner prescribed by this article is guilty of a Class B misdemeanor.

Also certain disclosures are required by the IRS, therefore I respectfully request access to the following information:
All records of the Earthquest Institute or The Institute Earthquest that are required to be publicly available including, but not limited to financial records, records reflecting the activities of the charity as outlined on its website EarthQuest Institute - Programs, a list of the currently active managers and board members of the Institute, information relating to Dr. Gardner’s proposal to house the Institute on EMCID property until it could be moved to the theme park, filings with the IRS or State of Texas and any other information concerning fundraising or activities of this charity.

Thank you for your kind help. Please make the records available to me via e-mail and or publication on the charity’s website.

Thank you,

Heather Dobrott

Pass the buck is sure working out swell isn't it? After Holbrook dumping the Earthquest Institute debacle in Frank McCrady's lap, I assume McCrady won't be kissing his rear any longer. I also suspect that Holbrook will not be invited back for more dips into the tax dollars he and McCrady have so freely blown.

Why is McCrady not on the chopping block? How many hundreds of thousands did McCrady promise Holbrook? How many more $185.00 hours should the taxpayers have to fund? Holbrook has no experience running a non-profit. Look at Bobby Schindler who is paid only $17.00 an hour to work for the wonderful charity he runs. What a dino disaster!!!

draino --- 1 hours ago - quote - hide comments Soap Box Mom;

You seem to be deranged and self-absorbed with your own ideals in my opinion, of what is going on in situations and never even consider the other side of situations.

I don't know why you think you are the judge, jury and executioner in matters of legalities, but your ideas and comments are absurd and vigilantism went out with the wild west,

For example tactical situations in matters of the law are that you don't even consider that perhaps the other sides attorney's cut deals with Holbrook to settle out of court. Secondary to that in my own opinion, he is probably cutting loose and settling with them to focus on you and your cyber thugs and bullies as a major focus... he surely does not have any intent on letting you off the hook. Even if you manage to avoid him in Ohio he will probably just sue you in Texas for your defamatory comments. He certainly did not dismiss you, Cynthia Calvert or Frank Maurizio and rumor has it the PVT settled to avoid litigation at least that is what is being stated in Pahrump. Lastly, I would wager that he will be relentless in his pursuit of you for your hounding of him and his family and trying to ruin in livelihood. Quite candidly you deserve to get your trap shut up... we are all tired of listening to you. I know you like to listen to yourself and you seem to have nothing better to do than to torment Mr. Holbrook, but get a life! Really you are so self-absorbed and righteous in your statements it sickens most normal folks. I read that he posted a pretty good outline of what went on with EQI and that does not seem like someone trying to avoid telling the story, he is smart not to respond to you, you would only attack him more and then blast all his clients and past clients with your negative blather. You are in my opinion one sick individual.

You fail to mention in your comments that the Judge ruled against Huber Heights on 2 of their motions and dismissed two claims and told the City they had until next Monday to produce some factual evidence of their other claims... so I think Holbrook is actually on the momentum of winning not failing in his case. I'd watch out according to my sources he has won all his previous suits and you may just be next in his legal sights. Why don't you admit you have no evidence of your statements and apologize to the man and get your own life back and allow him to do the same? Your bad kharma will only bring you pain and emotional distress because what we sow we reap.

draino --- 1 hours ago - quote - hide comments BTW:

Rumor has it that the Houston Chronicle may be doing an expose on EMCID and that people are coming forward to tell the behind the scene antics of the new board and past board and what they don't want the public to know about.

The new board and their new Chairperson Connie Bloodworth and Vicki Floyd have already created legal problems for EMCID in their own righteous indignation of promises and contracts they have broken and/or not honored... as a public agency you would think folks could trust EMCID to do honorable business but apparently they do not honor their obligations. EQI is just one example of them purposefully avoiding their own responsibility as the organization that enabled the creation of it and paid for the majority of the staff fees the first two years... they also promised the staff that they would make sure they were fully paid for their time if they continued to work but now according to the FB post they have selective memory on these topics.

Not very good when you can't trust EMCID to pay their promised financial obligations and then shameless for the EMCID board to place the scrutiny on the unpaid staff of EQI for responding to the media and government on these matters. EMCID's chairperson was the chair of EQI by nature of a guaranteed board seat in the organizing charter according to the FB post.

Looks like statutorily compliant corruption is alive and well in Texas as well. EMCID should do the right thing by the vendors and former staff of EQI and pay the account current and let the new board and EMCID decide how to go forward instead of letting all those folks get stuck with the bill, that EMCID helped to create. SHAMELESS!

That comes from a good source I have in the area that is in the media business.

Let me guess. This is Holbrook having yet another meltdown.

I think Holbrook dismissed numerous parties because it was obvious to his attorney they had no legitimate case against them and the case could possibly be turned around on him. Supposing the parties settled out, just what did Holbrook get? The Houston Press articles and comments still stand. I haven't noticed the Pahrump Valley Times removing anything either, so do tell us what this brilliant strategy accomplished other than making Holbrook look even more foolish and foolhardy???

Really choice calling the beleaguered tax payers "cyber thugs." How charming! And, now that Holbrook has sued me he really has my attention and I will be focusing on his antics with great interest! He single-handedly ruined his own livelihood with his years of threats, exaggerations and outright lies.

EMCID, read Frank McCrady, should never have agreed to throw hundreds of thousands of taxpayer dollars to that silly charity, the Earthquest Institute. There was no legitimate reason I can see for that fiasco to be funded largely by tax dollars. EMCID had no choice but to end that gravy train. Earthquest is not likely to happen and those are taxpayer dollars that will have been completely wasted. Cry about the $185.00 that buffoon was paid? I think not! Even if he was paid for only half of the hours he worked that is way too much to pay someone running a charity (especially when that individual has no experience doing so.)

Holbrook has won a case where he clearly according to the meeting minutes was fired for falsifying his resume. Red Wing, unfortunately, had a contract with him that did not give them the authority to fire him in the manner they did. Holbrook has denied falsifying the resume even though the Red Wing meeting minutes clearly document his shenanigans. If it was such a stunning victory then tell Holbrook to publish in their entirety all the court documents from that case. They were old enough that I could not purchase them, though I already know where to request them if the case we are currently fighting makes it as far as discovery. What does he have to hide?

I do not believe EMCID should pay Holbrook another dime. And, who is actually so far gone as to believe Earthquest is going to move forward? Chris Brown had his 90 days to formulate a new business plan and did not attend the meeting. Everyone in the know has figured out it is completely extinct. The board is no longer discussing it because they have long since moved on. It is now clean-up the disaster time. With Holbrook's latest missive attacking EMCID, I think even Frank McCrady will part ways with him.

If Holbrook had to respond to the government, then it is possible the IRS and/or Texas Attorney General's Office demanded the paperwork for the silly charity that blew through1.4 million dollars whilst not doing and of the charitable activities promised.

Everything here is truth, facts and opinion only. I will never apologize to that lying and threatening goon.

Soapboxmom

pantherdadx2 --- 55 min ago - quote - hide comments (lolx2).that's Fat turd Loud Mouth (pantherdadx2) for your information Donnyboy, I mean draino. C'mon, you can do better than that. Fortunately, I don't have too much time to respond as I have a life and do something constructive with it. When I'm finished at the end of the day, I can actually stand back and LOOK at my work product, unlike the product Mr. Holbrook puts out. Well, I take that back, you can look at garbage printed on paper, much like EarthQuest and the EarthQuest Institute Charity (what a joke)! I might be a loser in your opinion, but I've never been in a courtroom or had to answer to a court to explain why I should be paid for my work product. Don Holbrook is currently reaping what he has sown himself. Too bad. He should get a job, get up in the morning, and actually accomplish something others besides himself and his family can be proud of. It's a great feeling, I can speak from experience. As far as Soapboxmom goes, she can't shut down every thief, but she sure as hell helped shut down the continued thievery of taxpayers money from EMC! (global economic crisis)- a term Holbrook has used in previous publishings and comments, which leads me to believe draino is an alter ego or someone posting for him. I'm guessing right about now he could use an industial-strength drum of draino to unclog the pipeline that WAS feeding his bank account. You know, that non-profit (LOL) called the EarthQuest Institute.

u uic --- 17 min ago - quote - hide comments Mr Holbrook should be happy he stole money and got away. Only reason he is mad sbm stopped him stealing from others. How much money do you need dude? To be happy...

draino --- 2 min ago - quote - hide comments You folks are just crazy and absurd. Mr. Holbrook never stole anything that is why SoapboxMom is so full of crap. EMCID, EQI, Lessem and Marlin hired him to do work for them in fully disclosed contracts. Your accusations are clearly aimed at the wrong culprits, and that is why he is suing Soapboxmom and that is why others with some intellect know your blatherings on here are full of crap. As for Soapboxmom, she must just be so ugly that she has to hide in her house and gain attention by attacking folks over the internet. She obviously craves attention even if it demonstrates her absurdity and lack of IQ in common sense. She is so desperate for attention she has to act out like this which is totally inappropriate (sorry Pantherdad) I will use smaller words so you can understand them. Perhaps you and Soapboxmom should hook up you already seem to have a cyber dating service going... Maybe Holbrook should send you a bill for matchmaking..,. after all two extremely negative people might actually create a positive... again that is science and I'm sorry if your IQ can't follow such high level discussions. I wasn't aware that Global financial Crisis was coined by Holbrook... LMAO. You two are like a good comedy movie. So stupid and full of yourself you don't realize everyone else is just laughing at you!

Well, the idiots that signed the contracts weren't the ones that had to fork over most of the cash. And, make no mistake. I think without a doubt Frank "The Bank" McCrady's head should roll for his part in this outrageous debacle.

The beleaguered taxpayers funded much of this complete tomfoolery. Of course, Holbrook did a marvelous job of selling himself to these folks. We all know his about his highly padded resume, degree fraud and snow jobs. Unfortunately for him, I have a Texas sized Bullshit Detector and a mondo snow blower!

Soapboxmom

Holbrook: ‘My Side of the Story’Community Viewpoint | Pahrump Valley Times

Categorized | Opinion


Holbrook: ‘My Side of the Story’Community Viewpoint

Posted on21 September 2012.
I have been the subject of several recent articles and several op-ed pieces that have been printed in the Pahrump Valley Times on projects in New Caney, Texas, Pahrump, Nevada, and Huber Heights, Ohio. I want to tell my opinion about these stories.
In 2005, I was hired to help create a new sustainable theme park in New Caney, Texas, near Houston, known as EarthQuest. Then, by 2007, I was hired by the East Montgomery County Improvement District EMCID to do economic development work on EarthQuest, follow-up work on the site for the theme park, and to act as a liaison with the real estate developer selected by EMCID, the Marlin Atlantis Company. In June of 2010, EMCID asked me to work as a consultant to help find a solution for the project when the company that owned the land later filed bankruptcy. I spent the next two years bringing in a new real estate developer, Contour Entertainment Group, and we worked together to revise the site plan and prepare a business case for the project. My role was to be a project advisor on site location incentives, an advisor on public policy issues to support Contour Entertainment Group, and to navigate the bankruptcy of the previous developer for the best interests of EMCID. None of my work for EarthQuest had anything to do with the financing for this project. I was not hired to act as a financial consultant and I have no ownership in EarthQuest. My only interest at this time is to be paid for work that I did in 2008 before the bankruptcy was filed.
The Town of Pahrump asked me for more than two years to work with them to create additional destination tourism sites for economic development purposes. My role has been to advise the Town Board about different options for increasing tourism and increasing economic opportunities in Pahrump. I never said that the project could be a theme park. I fully disclosed my involvement with the EarthQuest project to the Pahrump Town Board before they hired me, and it was my understanding that the Town Board did not have any problem with it. It is my understanding that the Town Board contacted Frank McCrady, President of EMCID, who explained the situation with EarthQuest and wrote a letter of support and satisfaction with my consulting services for EarthQuest. I recommended that Pahrump hire Contour Entertainment Group because I believe that they were the most qualified development company to handle this type of work.
While I was working with the Pahrump Town Board, the media in Pahrump and in Texas started to run articles about the failure of EarthQuest’s original developer and made it seem that I was somehow linked to its failure, even though I had no connection with the Marlin Atlantis Company.
After I started working with the Pahrump Town Board, Heather Dobrott, who lives in Garland, Texas, about 250 miles away from New Caney, Texas, and who uses a website with the address www.realscam.com and uses the name “soapboxmom” on different websites, began posting statements about me on the internet beginning in early 2012. In my opinion, her statements about me question my work experience and question my professional ethics. On her website and on other places on the internet, she has called me a “scammer” and a “work at home scam promoter.” I deny these statements. Mrs. Dobrott posted a comment on her website on March 30, 2012, that I “walked away with 33% of the almost 1 million [dollars] raised” for EarthQuest. I deny this statement. To my knowledge, Mrs. Dobrott has no evidence to support this statement. She has used the word “criminal” to describe expenses I submitted and has written about “Holbrook’s drunken antics” and “drunken soirees.” I deny these statements. I do not know Mrs. Dobrott and do not know what her connection, if any, is to the EarthQuest project. A few months ago, Frank Maurizio wrote a series of articles published in this paper labeling me “The Music Man”, in which he wrote that I am “a proven fraud”, “a scam artist”, and “a liar and a fraud” and wrote “an update” on me and “his scam to cheat [Pahrump] out of its tax dollars.” I deny these statements. To my knowledge, Mr. Maurizio has no evidence to support these statements. I do not know Mr. Maurizio. Cynthia Calvert is the owner of a small newspaper, The Tribune, in Humble, Texas, with the web address of www.ourtribune.com. She has published several articles about me, including an article dated February 7, 2012, in which she wrote: “But the road that Holbrook has traveled, both to New Caney, Texas, and numerous other towns across the U.S.A., is a long and winding journey, littered with disappointment and controversy. . . . He was hired and subsequently fired in several locations, mired in controversy.” I deny these statements. To my knowledge, Mrs. Calvert has no evidence to support her statements. Because of the number of postings and articles about me on the internet, which in my opinion are untrue, when anyone puts in my name in any search engine website, these comments appear at the beginning of the search results because of the way search engine optimization works. When I talked to a company that helps to repair peoples’ or businesses’ internet reputations, I was told that it would take at least $26,000.00 to repair my internet reputation for the first year alone.
Every time I work on a project with a community, I prepare written agreements stating up front the scope of work, all of the conditions and terms for payment, and the amount of the payments. These agreements are signed by all parties before I begin any work, which was the case with the City of Huber Heights, Ohio. I gave them a written agreement stating my scope of work and stating that I would need the cooperation from city staff people to complete my report for them on an economic development project to increase tourism in this suburb to the north of Dayton, Ohio. This agreement also stated the full amount of the payments for my services. The City Council formally approved my agreement and payment for all of my services in a City Resolution. In working on my final report, I was not getting responses from certain city staffers for information that I needed and told the City Manager that I was not getting the information I needed. The City paid the first two installment payments and gave me every indication — in my opinion — that they were pleased and satisfied with my services until, without any explanation, I was terminated at a meeting on March 14, 2012. I immediately offered to cure and remedy the situation, to no avail. I had learned that a reporter from the Houston area had telephoned the City Manager on February 29, 2012, asking if the City had a contract with me. The City Manager wrote me an email about the telephone call and called the conversation with the reporter “strange.” It is my understanding that “internet research” had been done and handed to certain Huber Heights’ officials before the March 14, 2012 meeting. The City filed suit against me and the case is in litigation. In my opinion, the conclusion I have drawn is that unsupported, untrue, and false statements posted on the internet about my past work is the cause of my termination by the City of Huber Heights. For those of you who may be interested in more information, please check out the FAQs on my blog at <a href=www.economicdeveloper.wordpress.com.
>economicdeveloper

The Pahrump Valley Times has given this buffoon the floor so to speak. It is exactly the same lie-filled garbage he posted a few days ago. Now, as to why they allowed this dubious consultant to emote on their site publicly:

09/17/2012 AMENDED COMPLAINT OF HUBER HEIGHTS; WITH JURY DEMAND ENDORSED HEREON FILED BY Joshua Kin

09/11/2012 NOTICE: PARTIAL DISMISSAL WITH PREJUDICE OF THIRD-PARTY DEFENDANT STEPHENS MEDIA DBA THE PAHRUMP VALLEY TIMES FILED BY SUE SEEBERGER

09/06/2012 ORDER SETTING STATUS CONFERENCE BY TELEPHONE ON 10-9-12 AT 8:50 A.M.

Holbrook had to drop the case against the Pahrump Valley Times and stipulate it could not be refiled. This was the cheapest and easiest way for The Pahrump paper to get rid of this thug in a suit!

Speaking of quoting things for comedic value, this one was hysterical and I still can't stop laughing at it. Mr. Yel, er...Sir gASSbag (logical assumption, Don), quotes, "Don Holbrook's deals don't go through, not because of his effort, it's because their are people out there who call themselves specialists, and have great credentials and references, however, they're sharks and liars THEMSELVES". Are you calling the Supreme Lord and Master of the Internet a shark and liar? The next time you post worthless drivel and want to be taken the least bit seriously, please feel free to leave out the word THEMSELVES. And while we're on the subject of sharks, if birds of a feather flock together, would it not be logical to assume sharks SWIM together? Have you been paid for ANYTHING that did'nt involve politicians or the use of taxpaying citizens HARD-EARNED money? This brings me to another post of Holbrooks that started with this, referring to corrupt politicians. "Visions of their self-absorbed importance and egocentric feeling of entitled importance that allows them to operate outside of normal professional decorum and ethical standards while EVERYONE ELSE (meaning the taxpayers) must pay the bill for their power hungry lack of true statesmanship and reasonable diplomacy". Seriously, Donnyboy, were you looking in the mirror when you conjured this up in your shark-infested cranial cavity? Would'nt reasonable diplomacy dictate turning over the documents to the EarthQuest Institute when asked for them by the public?(required by LAW) Your self-righteous indignation is what pissed off Soapboxmom, myself, and others in the first place. If you had nothing to hide and you are as ethical as you claim to be, you should've had no problem doing this.............SBM, when we finally meet for that cup o' joe, please remind me not to piss you off !!!!!!

Remember when scammer Don Holbrook refused to turn over the Earthquest Institute docs as required by law. I bet he isn't going to get away with telling the FBI no!!!!

From: Dobrott, Heather
Sent: Thursday, February 16, 2012 4:45 PM
To: 'leon.cubillas@att.net'
Cc: 'fmccrady@emctx.com'; 'sparmer@emctx.com'; 'dmarks@marksrichardsonpc.com'
Subject: Earthquest Institute Information Request

This request is made under the Texas Public Information Act, Section 552 of the Texas Government Code. In accordance with the law, which requires that the “Officer for Public Records shall promptly produce such information for inspection or duplication, or both, in the offices of the governmental body,”

The Texas Non Profit Corporation Act says:

Art. 1396-2.23A. FINANCIAL RECORDS AND ANNUAL REPORTS. A. A corporation shall maintain current true and accurate financial records with full and correct entries made with respect to all financial transactions of the corporation, including all income and expenditures, in accordance with generally accepted accounting practices. B. Based on these records, the board of directors shall annually prepare or approve a report of the financial activity of the corporation for the preceding year. The report must conform to accounting standards as promulgated by the American Institute of Certified Public Accountants and must include a statement of support, revenue, and expenses and changes in fund balances, a statement of functional expenses, and balance sheets for all funds. C. All records, books, and annual reports of the financial activity of the corporation shall be kept at the registered office or principal office of the corporation in this state for at least three years after the closing of each fiscal year and shall be available to the public for inspection and copying there during normal business hours. The corporation may charge for the reasonable expense of preparing a copy of a record or report. D. A corporation that fails to maintain financial records, prepare an annual report, or make a financial record or annual report available to the public in the manner prescribed by this article is guilty of a Class B misdemeanor.

Also certain disclosures are required by the IRS, therefore I respectfully request access to the following information:
All records of the Earthquest Institute or The Institute Earthquest that are required to be publicly available including, but not limited to financial records, records reflecting the activities of the charity as outlined on its website EarthQuest Institute - Programs, a list of the currently active managers and board members of the Institute, information relating to Dr. Gardner’s proposal to house the Institute on EMCID property until it could be moved to the theme park, filings with the IRS or State of Texas and any other information concerning fundraising or activities of this charity.

Thank you for your kind help. Please make the records available to me via e-mail and or publication on the charity’s website.

Thank you,

Heather Dobrott

The videos of the town meeting from March 2012 gets more ludicrous with each listen. Frank "The Bank" McCrady is the king of tall tales. He blames Hillcrest bank for Marlin Atlantis defaulting and costing them a fortune saying that Hillcrest didn't do its due diligence. Then some really brainy lady asks him what due diligence he did on Marlin Atlantis. I guess Trey White and John Marlin plied McCrady and EMCID with that cancer curing Evolv water spiked with something really really good. Marlin Atlantis was not well respected and had done little but a few tract housing developments before they waltzed away with the EMCID vault.

An interesting discussion about the Institute ensues. Leon Cubillas seems to forget the gargantuan amount of tax dollars from EMCID taxpyers sunk into that ridiculous thing. And, he seems to have quite the memory loss about the rest of that whole sordid saga. There is mumbling about those numbers are in the 990's. The very forms that the IRS requires be made public that Don Allen Holbrook, the lying buffoon that he is, refused to turn over. Again, I bet the FBI will have no trouble getting copies of every last scrap of paper related to that scam.

So many juicy discussions. Not hard to see why numerous agencies are looking into this

Dallas Wants to be a Green City, So Why Not Save Some Trees? - Page 1 - News - Dallas - Dallas Observer

Watch EMCID TOWN HALL MEETING ON EARTHQUEST PART 1 OF 3 | SCOTT J. ENGLE-PHOTO/JOURNALIST-CONROE Episodes | Blip

Watch EMCID TOWN HALL ON EARTHQUEST PART 2 OF 3 | SCOTT J. ENGLE-PHOTO/JOURNALIST-CONROE Episodes | Blip

Watch EMCID PART 3 OF 3 TOWN HALL MEETING ON EARTHQUEST DINOSAUR PARK | SCOTT J. ENGLE-PHOTO/JOURNALIST-CONROE Episodes | Blip

Soapboxmom

P.S. lest we forget one of the greatest comedic moments. Frank "The Bank" McCrady parrots the dubious consultant, Don Allen Holbrook, and mumbles about two developers waiting in the wings who he assures us will satisfy all of the almost 8 million in bond money up front when they get the investors lined up to fund this $500,000,000.00 plus boondoggle. Well, I am Santa Claus and will be the next Pope as well!!!!

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  Mike Anderson I would guess it is about a 50-50 chance. We are still waiting to hear something official from Contour. The land ownership phase is still being sorted out. I guess we probably won't hear anything until after the land ownership has been completely settled. McCrady said this should happen in June, so I hope we hear something within the next month or so.
  May 15 at 9:45pm · Like · 2
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  Tony Reyna If we do what land will be sold all of it or the other half only. If will do build it. Do u think it should be smaller . I mean it will be big but not the 500 acres ? What do u think?
  May 15 at 9:47pm via mobile · Like
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  Michael Mahle all of it would be sold to lennar homes with contour having the option of purchasing it from lennar. I personaly dont see contour needing all of the land. The portion of land along the creek was where the park was to be built in the first place so i could see contour purchasing that part from lennar and lennar building homes on the other part. I think astoworld was only on twenty acres so it should be more than enough land. I believe it would benefit lennar if the park is built so they could sell homes for a premium price. Thats just how i see it. Hopefully they see it that way.
  May 16 at 7:58am via mobile · Like · 1
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  Mike Anderson According to the master plan on the EarthQuest website, the east side of 59 is going to be homes and retail and the west side is going to be the theme park and resort area. I think Michael is right about the way Lennar Homes and EarthQuest will split the land up on the total 1600 acres. The EarthQuest side is to be 500 acres, but only about 100 acres are actually needed for the theme park. The AstroWorld plot was something like 104 acres total. But that included WaterWorld, the park offices, the concert stage area, the company picnic areas and a few acres that were left for future development. The actual area that the rides and paths were built on covered about 70 acres I believe. The 500 acres that EQ will have to work with is suppose to include the theme park, the water park, the hotel, the institute, the smaller 'green gadget garage' park and the 'earthwalk' section. Personally at this stage of the game, I would gladly settle for just the theme park to be built NOW and hope that the other stuff gets built eventually over time as the resort starts taking in cash. But the THEME PARK is the real money making attraction and that should come FIRST.- just my 2¢.
  May 16 at 10:13am · Like · 1
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  Tony Reyna I both agree what's y'all say guys. Do u know when will we know somehing soon by. I heard by June
  May 16 at 11:14am via mobile · Like
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  Mike Anderson I think we will hear something in June. Just hope it's good news!
  May 16 at 11:17am · Like · 1
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  Tony Reyna Same here we need this park. I hope contour has the $$$$ the built it.
  May 16 at 11:18am via mobile · Like
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  John Fleming Amen! And why are you saying you don't like Astroworld, well I tell you my Story, Astroworld was an good darn theme park with world's greatest roller coasters, & when Astroworld closed, I was in the 6th Grade 12 Years Old upset for 5 years then, I didn't have any money to visit San Antonio, or Dallas, and Kemah improving, like I said Tilman Fertitta probably dosen't have billions on money, or he don't want to improve, but look at the land of Kemah see how small it is, & IT'Z is not even big enough to put in like Galaxyland from Canada, I wouldn't depend on Kemah, just sayin, cause Kemah is alright to me, at least there's two roller coasters in Houston right now!
  May 17 at 6:35am · Like · 1
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  Mike Anderson Don't get me wrong. I loved AstroWorld and I always thought the park had so much potential to be a truly great park. But I don't think it ever realized it's potential before they closed it.
  May 17 at 3:55pm · Like · 2
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  Tony Reyna @ mike!! Why do u think nobody look over here to get a theme park done!!!!
  May 17 at 3:58pm via mobile · Like
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  Michael Mahle evidently something is going on. The other facebook page has reported that don lessom was at the emcid metting. Hope to hear more soon.
  May 17 at 11:11pm via mobile · Like
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  Mike Anderson Thanks for the update Michael. Let's hope for some good news.
  May 18 at 10:43am · Like · 1
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  Tony Reyna I wish it was now though!
  May 18 at 10:44am via mobile · Like
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  Mike Anderson Friendswood to buy dino-land - Monday, May 14, 2012 - Copyright 2007 Ourtribune.com This is NOT the article that says what was said at the EMCID meeting with Don Lessum, but it is very interesting. It was written last Monday regarding the company who is purchasing the land the EQ is to be built one. This article says that the land the park is to built on (the 500 acres west of Highway 59) has a provision that is allow Whitestone to purchase back the land if an investor can be found with 18 months. That give Contour 18 months to find an investor. I think this is good news. It gives the developers a lot more time to pursue investors!Friendswood to buy dino-land - Monday, May 14, 2012 - Copyright 2007 Ourtribune.com
  www.ourtribune.comThe Tribune is a locally owned weekly newspaper for the Atascosita, Humble and Kingwood Texas area.
  
  
  
  
  
  
  May 18 at 11:07am · Like · 2
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  Michael Mahle still havent heard anything about what was discussed. Must be good news.lol bad news seems to travel alot faster.
  May 19 at 7:14am via mobile · Like
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  Mike Anderson I can't wait to hear what Don Lessum had to say to the EMCID board. It's hard to imagine him going to east Montgomery county unless he had some good news about the project. If he didn't think the project was going to happen, I don't think he would have taken the time to personally attend and EMCID meeting. Maybe he attended the meeting to try to stop some of the negative attention the project has been getting lately. Keeping fingers crossed for some good news!
  May 19 at 9:48am · Like · 2
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  Michael Mahle Thats my thinking as well mike. I think don wants to see his dream built and is fighting for it. I think he is a smart man and has alot of respect by most everyone and has alot of influence. He knows its very close to being able to happen and also close to seing it slip right through our fingers. If it was bad news he wouldnt have bothered to come here and we surely would have heard something bad from the other earth quest page by now. I think she was sore cause they chose houston over dallas to build it.
  May 19 at 11:03am via mobile · Like · 2
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  Mike Anderson That person that runs the other Earthquest facebook page (Heather Dobrott a.k.a. soapboxmom) has some serious issues. I have read many postings by her on many different websites and forums where she has called the project 'stupid' and told people that 'it's time to stick a fork in it". She does not want the project to happen and has said numerous times that she doesn't believe the project will ever happen, yet she runs a facebook page to keep people informed about it. Am I the only one who thinks it is odd to run a facebook page about a project that you don't think is ever going to happen? She has written so many posts berating the project and the developers that it is downright disturbing. She seems obsessed with stopping the project. She only ever post stories and comments on negatives. The last article so far written by the Tribune is that the project developers have another 18 months to find a developer in order to buy the property. This is good news. It means that the project is still being pursued. But there is no mention of this on the facebook page she controls. Every time I try to post anything positive about EarthQuest on her page she deletes it. I won't have anything to do with soapboxmom or her websites.
  May 19 at 9:25pm · Like · 2
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  John Fleming Can you impeach her?
  May 19 at 9:30pm · Like
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I was in no way trying to stop the project. I was hoping to stop the bleeding dry of the taxpayers, and see some real oversight on this deal. I delete personal attacks. I am still waiting for any real insight into the Earthquest debacle as it now stands. Imagine the tens of thousands in legal fees the taxpayers are paying on behalf of McCrady and his old clown crew!

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  Mike Anderson Just like everyone else, soapboxmom has a right to her opinion. I just think its weird to put so much energy into stopping a theme park in New Caney, Tx when she lives in Garland Tx. What difference could it possible make to her if New Caney or Houston gets a theme park or not. She talks as if she is concerned about the tax payers of New Caney not getting their money's worth out of the project because it has not broken ground yet, but I have hard time believing that she is really THAT concerned about people living in New Caney.
  May 19 at 9:40pm · Like · 2
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  Mike Anderson If earthquest ever gets off the ground I bet the other facebook page will go away. That page only exist right now so that soapboxmom can trash EQ and post links to articles that are written by other people who don't want the project to happen. If you want the project to happen I think you should post positive things about it on the other page. I can't. Soapboxmom deletes my posts.
  May 19 at 9:49pm · Like · 2
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  Michael Mahle I think she is trying to fool people into thinking she is looking out for our best interest. She has to have a motive for it. Got to think she is hoping that it would be built closer to her. Bet she would be all for it then. She is trying to turn everyone against it here. Kinda creating a mob like mentality. It still baffles me that she is the administrator of that site. How can someone represent something they dont realy represent? Thats totaly wacked!!
  May 21 at 10:26am via mobile · Like · 2
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  Mike Anderson My thinking exactly. Do we know for SURE that Don Lessum was at the EMCID meeting on Thursday night? I mean, the only person actually reporting it so far is soapboxmom. Even though I think she is a strange person for stalking the EQ developers and posting their photos all over the internet and I don't understand her motives, I must admit she seems to stay on top of what is going on as far as Tribune news articles are concerned. I think soapboxmom must have a very good relationship with Cynthia Calvert and some others at the Tribune and is privy to some information that people from the Tribune give her - which soapmom usually is very prompt about sharing with the online community (if it's bad news that is). I really expected to hear something on Friday morning and I certainly would have expected to hear something by today from the Tribune or soapmom if Don Lessum said anything important about EQ at the EMCID meeting.
  May 21 at 11:06am · Like · 2
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  Michael Mahle Seems like she has lost touch with reality. She is still going after holbrook on the other site and still not a word about lessem. Bet her lifelong dream must have been to be a journalist and she feels like she is now or wants to get hired on as one. Wish she would stick to reporting about earth quest. Heck im begging to wonder if lessem was there myself. Seems like we would have heard something about it by now. I dont think she would have said it if it wasnt true though. Seems like she has jumped on holbrooks back and isnt letting go. Dont know if it realy matters to her if the park gets built or not. The main reason she doesnt want it is because of holbrook it seems.
  May 21 at 2:25pm via mobile · Like · 2
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  Mike Anderson soapmom is the one who is having the major meltdown. It's kind of sick. She is obsessed with Holbrook. I think she is mad that no one invited HER to the EMCID meeting. Plus, she's probably a little pissed that Holbrook is suing her now. LOL! People want to know whats going on with the park - not her personal war with Don Holbrook. I think she needs some psychiatric help before she has a complete mental breakdown over this.
  May 21 at 2:53pm · Like · 3
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  James Martin I agree with Mike and Michael. That other page is a dark, scary place. No place for a theme park enthusiast at all over there - it's too angry and vindictive. Anybody know why Don Lessem was at the EMCID yet?
  May 21 at 7:14pm · Like
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  John Fleming Do Something!!!!!!!!
  May 21 at 8:57pm · Like
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  Mike Anderson I heard that Don Holbrook is suing soapmom. Good.
  May 22 at 12:04am · Like · 1
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  Michael Mahle she is attacking mike anderson now. She says that mike anderson and james martin are the same person. Wish she would just stick to talking about the park. Havent seen or heard anything from the tribune yet either.
  May 22 at 8:42am via mobile · Like · 1
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  Mike Anderson I'm not James Martin. We're just facebook friends. Psycho-mom is nuts.
  May 22 at 9:16am · Like · 1
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  Mike Anderson Log In | Facebook - According to a posting on another EarthQuest facebook group page, Georffrey C. Geiger (a writer for the Tribune) said that a new article will be out on May 30 with details of the last EMCID meeting. I asked if Don Lessem said anything that people supporting the project would find encouraging, but he didn't reply yet.EarthQuest Adventures Theme Park Coming to Texas!!
  
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  May 22 at 9:22am · Like
  
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  Michael Mahle thanks mike. Guess all we can do is wait as usual. Guess it must be good news otherwise we would have heard something allready.
  May 22 at 9:46am via mobile · Like
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  Michael Mahle sbm seems to think that lessem was here to keep things going with the museum part of all this. I could see where that makes sense. She doesnt think that anything has been discussed about the financing of the park though wich makes sense if contour wasnt there unless lessem spoke on their behalf. Should find out something soon. Hopefully the delay in information is because they are waiting on word from contour.
  May 22 at 4:08pm via mobile · Like
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  Mike Anderson I think that other EQ fb page has lost it's way. All I see are entries about The Pahrump Town Board Meeting - which has NOTHING to do with EQ and Soapmom's 'real scam' website. I think she just uses that page to get people to click on her dark little corner of the internet. No Thanks.
  May 23 at 2:18pm · Like
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  Mike Anderson http://ourtribune.com/apdf/FDCsalescontract.pdf - I read the PDF of the contract that the Tribune posted on their latest article. It seems there is a provision regarding the West side of 59 that says "the West Land shall be used only for development as a theme park similar in concept to that contemplated for EarthQuest... Check out page 77 of the PDF.
  May 23 at 2:27pm · Like
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  John Fleming I just heard that soapboxmom said that Theme Parks are annoying.
  May 23 at 3:43pm · Like
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  Mike Anderson There you go... Can you imagine what it must be like to run a facebook page about a theme park if you think theme parks are annoying. It would be like if you ran a Andre Johnson facebook fan page and yet hated Andre Johnson. Soapmom is a wacko. People who don't like things shouldn't run a face book page for people who do. I'm glad we at least have this page - even tho it's not very popular at the moment.
  May 23 at 4:02pm · Like · 1
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  Michael Mahle I seen a tractor parked directly under the earth quest sign along highway 59 and a gate open going onto the property. May have just been the highway dept. Just sayin.
  May 23 at 4:39pm via mobile · Like · 2
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  Mike Anderson Thanks for the info Michael. Good find!
  May 23 at 4:50pm · Like
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  John Fleming Just Hold My Cross, & Pray!
  May 23 at 4:52pm · Like
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  Michael Mahle according to the tribune east montgomery county improvement district has voted to extend the employment contract of president frank mccrady and give him a $35,000 bonus. He was the one taking most of the heat over the park. He is the one who keeps working towards making it happen against all the naysayers. I have to think that something good is about to happen for the park. He wasnt expected to stay past his old contract.
  May 23 at 9:35pm via mobile · Like
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  Mike Anderson I don't care what anyone says. If EarthQuest ever gets built, it will largely be because of Frank McCrady. He seems determined to see that the project comes to fruition. I hope people remember his efforts. Most people would have given up by now. Nice to hear that the EMCID recognize his work. EQ will benefit thousands of people if it is built. Houston area theme park enthusiast should be especially grateful for his efforts.
  May 23 at 10:47pm · Like

McCrady will be remembered just as Holbrook is in his old haunts. Controversy and mountains of legal bills are his legacy! Frank McCrady was determined to spend like he was successful and live the lifestyle of the rich and famous on the taxpayers dime. I wonder who funded the trip to Holbrook's IEDC Award ceremony were he received that phony Fellow Member award apparently based to some degree on his success with Earthquest (insert laughter).

Holbrook started threatening posters / taxpayers on numerous websites in April. That is the biggest red flag of all. That is convincing evidence folks have something to hide. His refusal to turn over the charity docs for the Institute Earthquest as required by law also got me quite riled up. Why would I let Holbrook or anyone else threaten me into silence??

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History is filled with proof that those who dare to imagine the seemingly impossible to others, are the ones that break all previous human limitations. Sir Don Allen Holbrook, Chev, KTJ For those ...


24 days ago

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Heather Dobrott • No posting of events, products, or services without association approval before hand. Violators will be removed from the group. Please be professional in your discussions and do not make promises, guarantees, or pitches for raising capital here. This is not the place.

Try to add value in every discussion where you participate that is the goal of hosting this networking association - to connect investment banking professionals around the world to each other and share industry best practices and advice.

Thank you for joining.

Richard

With that in mind, why is this dubious consultant with failed projects,bankruptcies, firings and lawsuits galore being allowed to solicit donations for a nonsense project like this. Real experts, universities, National Geographic and other qualified people and organizations are already involved in legitimate Templar research. This clown should be banned before any of the fine folks here get tangled up in his various disasters. A Google search will reveal countless articles from mainstream publications and respected bloggers that chronicle the real story behind this fake!
6 days ago

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Don Holbrook • These kind of defamatory comments are why this cyber stalker is being sued. While she is free to make truthful comments she not protected by the first amendment when she invents her own facts to suit her own malicious purposes.
4 hours ago • Like

Heather Dobrott • Filing lawsuits against taxpayers (John and Jane Does as you listed them) in an effort to silence discussions about matters of public concern is beyond reprehensible. I will certainly not be silenced by such tactics!!!
1 second ago

Suing me and the untold number of John and Jane Does that commented on Earthquest and the Pahrump project is totally disgusting. He didn't shut me up. I will be challenging him and sparring with him everywhere.

He was forced to turn over Earthquest Institute documents required to be public by law to the FBI no doubt. I am still waiting and will rake his arse until they are made available so everyone can view them! Holbrook took on the wrong Mom!!!

Soapboxmom

The media is running with the story about the Earthquest Institute that I broke:

Where is Houston's replacement for Astroworld? Part 2 | News - Home

Where is Houston's replacement for Astroworld? | News - Home

Will that litigious goon Don Allen Holbrook sue this fine news organization as well???