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July 2010

The F Word

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History of Havasu Palms
Road's End Restaurant

           There was a conflict between Havasu Palms and the Tribe, as to the actual final day of our lease.  Our attorney believed it was May 31, 1999 and they believed it was May 2. On May 4,  the Chemehuevi Tribe and members of the new lessees. broke into the Havasu Palms store and restaurant, changed the locks and seizing personal assets of Havasu Palms, Inc. They began removing files belonging to Havasu Palms from our office, hauling the boxes down to the docks, and loading them into their boats.  After much protesting, and calling the local sheriff, they finally returned the boxes before the officers arrived.
            The Tribe and the new lessees reopened the store and began selling Havasu Palms' merchandise. Although the local sheriff  eventually arrived, their position was not to get involved, they told us we could actively take our property back, and if violence ensued, they would intervene.  Our attorney told us to handle the issue in the courts.
            Even if our lease had ended on May 2, the seizure violated the terms of our lease. Something I repeatedly reminded Christine Lowe,  the Tribe's realty officer, during the following weeks. Our lease with the tribe stipulated we could remove our property from the site if we paid a daily ground rent. We had prepaid enough ground rent to cover about 45 days. 
            Early in the initial takeover, officers and an attorney for new lessee repeatedly demanded Havasu Palms Inc. turn over its tenant list, which was a proprietary customer list of Havasu Palms Inc. Havasu Palms Inc. had leased a tract of land from the Tribe, not a business. The business was the property of Havasu Palms, Inc.  If I lease a building in town, that a similar business rented before me, I might benefit from the location or the goodwill they had established, yet it would not give me a right to demand that previous business turn over to me their customer list, or allow me to use their business name, logo or pitch a product the prior business created, as my own.   Yet this is what happed to Havasu Palms, Inc.
            In mid May 1999, Christine Lowe,  the realty officer for the Tribe gave Havasu Palms permission to begin retrieving our property. Yet, when we began removing the property, they were told by this same individual that we must turn over our tenant list before Havasu Palms could remove anything. Finally, she recanted her demand and gave us permission to remove the items. (next)

Photo: View from the Road's End Restaurant, circa late 1990's