AND THE JUDGE RULES - The NCAB vwerses Tom Hildebrandt

[Tom Hildebrandt]

Well the verdict of the administrative law judge is in! For those who want the full blow by blow of this case, go to the Professional Forum and see the thread titled "The NCAB Verses Tom Hildebrandt, The case of the Clueless Board"

The judge findings are contained in 14 page document but let me quote the two paragraphs I believe pretty much summarize Judge Chess findings.

Under Conclusions of Law " After consideration of all the evidence of record, it appears, and the undersigned so holds, that the NCAB staff has failed to show by the greater weight of the evidence that Mr. Hildebrandt violated any applicable standard in the performance and reporting of the appraisal under scrutiny."

Under Decisions "Respondent did not violate any applicable statutes or rules in performing an appraisal for his client Philip G. Kirk, attorney at law for use in the condemnation action known as Piedmont Triad International Airport v. Simms, Guilford County Superior Court case no. 98CVS9085. Therefore the N.C. Appraisal Board should not impose any disciplinary santions against Respondent as a result of the appraisal in question.

Well, that in a nutshell is what the judge has ruled. Now this whole sordid mess goes back to the two remaining NCAB members for review to see if they wish to disagree with the judge.

Any bets on what the position of the NCAB staff and/or what the NCAB final ruling is?

Many thanks to all of those who provided their kind words and supportive and comments along the three year odessy of this board action.

Those who wish a copy of the final ruling (14 pages) I will try to find a way to get it posted. Those who want a copy of the transcripts, well that is currently in three bound volumes, perhaps 800-900 pages and it is not in digital form. Cost me in excess of $1400 to get my copy, but if you want one, e-mail me privately and we will figure out some method to get it to you.

For those who sent on earlier posts on this case to other forums and venues, please feel free to send this post off as well.

Best wishes and regards to all,

Tom Hildebrandt GAA

 

[Chris Harrison]

Outstanding :!:
Lets hope the board knows how to read "this" document.

Chris

 

[Francois K. Gregoire]

Tom,

Congratulations! Your persistence and stamina is to be admired.

 

[Farm Gal]

Huraah!
One for the good guys!

I am very releived that you at last have formal (and legal) 'proof of innocence'...

Please keep us apprised of the Boards reaction.

 

[Caterina Platt]

Hallelujah! Good to hear it, Tom. Hope you're popping a bottle of Dom Perignon for this one, you deserve it!

 

[Austin]

Tom: You said the transcript cost you $1,400, so will you tell us how much this “Witch hunt cost you out of pocket” and how much it cost you in lost work? Even with this verdict, this case is still a gross abuse of legal process because you have suffered huge financial loses not to mention the grief you had to endure. That in and of itself is more than enough punishment even if you had been guilty. If I were you I would seriously consider a suit against these people for promulgating this frivolous action because it was obviously brought about out of pure pride, vanity, and unadulterated greed and selfessness on the part of we all know who and why. The underlying theme of this case is: “You undesignated people had better stay out of our private domain or the same thing could happen to you. Make one of us look bad or get your hand into our pocket and you will pay the price.” The cases of Tom Hilderbrandt, David Johnson, and Steve Vertin to wit.

For the background thread on this subject Tom mentioned above go here:
http://www.appraisersforum.com/forums/view...er=ASC&start=60

 

[Tom Hildebrandt]

Austin

You ask what the total cost is in defending oneself against this type of witchhunt? I personally do not know. My wife keeps the books. As I told her, let me know when we are just about of assests and can not retire to our sailboat. Until then, it costs what it costs. My wife tells me we are not there yet so....Also, this deal is not over; the NCAB can still protest this ruling.

I can tell you that I got excellent legal representation because I found an attorney who believes that administrative law should be found on solid legal principles, and was willing to fight for the principle of the matter. His name is Vance Kinlaw of Greensboro, NC for those who might wish to contact him on this specific case and other such issues. For those who care to know some of the basics, he is exclusively employed by an administrative agency to represent their interests, I just happened to be lucky enough to get him before he entered into the agreement with his current client.

For me, the principle mattered. For four plus years I have been asking for the NCAB to be professional, and in this case, I had the opportunity to put up or shut up. The NCAB took me on, foolishly and incorrectly I believe, and now they need to answer some very difficult questions. I think the NCAB has reccieved bad leadership on the staff over the past seven to eight years from the Exective director (Mel Black), from the legal counsel (Roberta Oulette) and from the Deputy Director (Jack Weaver, MAI). We appraisers have paid these folks a lot of money in licensing fees, and they can not even grasp basic concepts of appraising or law. their only answer is we think the board and ourselves are presumed by law to have a good grasp of the issues and we do not need to explain ourselves to any one but ourselves.

This was compounded by a board that views themselves as the "good" appraisers because they are in the political power seat, and they have almost unbridled power to determine who is may be part of the "good club" and who belongs in the other category, they being bad appraisers who are the competition in this matter.

I have a real problem with those who argue that xxxx years of experience and designations to hold sway over academic rigour and intellectual argument. Certainly judgement based on years of experience has its place in this profession, but it should not be the sole basis of prosecution. Any time I hear the question, "good or bad appraiser?" or I hear the comment "I have been appraising (or teaching) for zzz years, " rather than reference to a professional text or to a solidly reasoned basis, founded in fact, for an specific conclusion, I begin to ask why is there not a credible or reasonable basis for the argument?

If the regulators, and their supporters, will not even attempt to discuss ethical issues on this or other forums, then I question their academic and intellectual rigor. If that offends them, then I am sorry for the profession, not their feelings.

Got me going there, have not done that online in almost 5 months!

Regards

Tom Hildebrandt GAA

 

[jtrotta]

Tom

am feeling a bit uneasy for ya'll ( you & others) down in North Carolina; defintely reeeks of a kangaroo court scenerio. thats just downright pathetic; I applaud you for persistence, but apparently they get what they want anyway - as it has cost you an ample amount of money; time loss; and aggrevation (will agree with Austin-can't believe it myself - twice in the past few weeks) that a suit would be well served, if you want real satisfaction. Actually the only time I consider any event a "WIN" is when I get money out of it. Other than-that, a contimual flapping of ones lips, only increases the need for vasiline intensive care "lip balm".

in this case, although you've won in the judges eyes, these idiots still can cause you more damage, just by being as stupid as they already are. Therefore, and without thought, file a suit as quick as you can and name them all individually.

Good Luck & God Bless

8)

 

[Frederick R. Ruffell]

Well done Tom,
Maybe this will establish a precedent in the legal arena and will help other appraisers in the future.

 

[Richard Carlsen]

Tom

I give you joy on the outcome but I fear that your dealings with this pack of wolves is not over yet. All too often these types of boards have long memories and don't like to be proven wrong, especially in public. For your sake, I hope there are some major changes in the makeup of this board so their witch-hunt can end.

Well done in the hard fight to protect your honor and reputation.