Time is a strange and wonderful teacher.
As you might have noticed, there have been a number of comments to this blog on a previous posting that were recently published. Sorry I couldn't get them published before this date, but I've been doing a lot of renovations. Enjoy the vitriol and venom spewed by those who claim a national title! Hope it was worth it.
The house on Franklin Circle has a new owner. The historic treasures that belonged to the future, and not to the present or the past, are lost forever, and that's a truly sad thing. The bright spot in all of this is that there is no longer anything worth talking about left in the building. The usurpers of the future have what they wanted - everything - and those who didn't look hard enough and fast enough at the truth have what they deserve as well. Guess the old boy 'dork wrong' group wasn't worth listening to, but you can't tell the purple people eaters that, especially when their noses are browner than day-old coffeehouse kona.
Lets hope that 2011 passes quickly and silently out of memory. Better yet, let's hope it never happens at all.
Thursday, March 18, 2010
Tuesday, January 6, 2009
The Power of Prayer Done Right
Prayer can be a powerful thing in your life. The need for humanity to pray is basic and universal. Some say God Himself invites us to pray to Him through the Word, and even through the mundane things through which we find Him in our lives. There is power there, and by offering a prayer, we’re engaging in a conversation with God directly. It moves the heart and mind, and it can help us to begin healing our own lives. To open a dialogue with God is to invite God to be at work in our lives. Personally, I find daily prayer to enhance my day by giving me another chance to thank God for everything I’ve been given.
Recently, my attention was directed to studying the Psalms, specifically a portion of Psalm 144, verse 8, which is known as a prayer for rescue and prosperity. I’d like to share with you the interesting things I discovered about that specific passage. First, let’s go through the exact wording of that passage. Since the person didn’t offer the name of the version of the Bible that they used for the Psalm, I thought I’d show a few different translations so that you could better understand what he was praying for:
New American Standard Bible (©1995)
Whose mouths speak deceit, And whose right hand is a right hand of falsehood.
GOD'S WORD® Translation (©1995)
Their mouths speak lies. Their right hands take false pledges.
King James Bible
Whose mouth speaketh vanity, and their right hand is a right hand of falsehood.
American King James Version
Whose mouth speaks vanity, and their right hand is a right hand of falsehood.
American Standard Version
Whose mouth speaketh deceit, And whose right hand is a right hand of falsehood.
Bible in Basic English
In whose mouths are false words, and whose right hand is a right hand of deceit.
Douay-Rheims Bible
Whose mouth hath spoken vanity: and their right hand is the right hand of iniquity.
Darby Bible Translation
Whose mouth speaketh vanity, and their right hand is a right hand of falsehood.
English Revised Version
Whose mouth speaketh vanity, and their right hand is a right hand of falsehood.
Webster's Bible Translation
Whose mouth speaketh vanity, and their right hand is a right hand of falsehood.
World English Bible
whose mouths speak deceit, Whose right hand is a right hand of falsehood.
Young's Literal Translation
Because their mouth hath spoken vanity, And their right hand is a right hand of falsehood.
Now, since not too many people can understand some of the wording used, I thought I’d help by defining a few words that I was stuck on myself:
Vanity — Vain brags and threats which shall come to nothing.
Falsehood — Deceiving themselves, by being unable to do what they designed; and others, by not giving them that help which they promised.
Forswearing – Deliberately swearing to one oath and then breaking that oath when it’s convenient for you.
I wonder why the person who sent this particular Psalm thought I’d find anything that would change my mind? Or was it due to the fact that prayers are desperately needed in their own personal lives? And what did they mean by 144:8? Who was it that they thought forswore an oath and then went back on their word? What exhibition of vanity could they be referring to? And who was responsible for the falsehoods?
Since I’m not a theological student, I defer to a wonderful website that helps anyone understand the basics of the more difficult passages in the Bible. http://www.easyenglish.info/psalms/psalm144-taw.htm
What Psalm 144 means
Verses 1 and 2 make us think about Psalm 18. Psalm 18:2 tells us that God is like David’s rock, his fortress, and his *shield. God is like David’s rock because David can "build" his life on God. A rock will not move if there is trouble. In the same way, God will not move. He will always be there to send help. A fortress is a strong building. People are safe in a fortress. In the same way, people are safe with God. So "like a strong place" is the same as "like a fortress". A *shield was what soldiers held over their bodies. It stopped their enemies hitting them. Some Bible students think that "my people" should be "foreign people". Maybe both are true.
Verses 3 and 4 ask questions. People are like wind ... they soon die away. So why does God interest himself in them? The answer is in verse 2. It is because of God’s kind love to people. This is the love that never stops. It never stops, even when we do not obey God.
Verses 5-6 again make us think about Psalm 18. Psalm 18:7-19 tells us that God came to help David in a great storm. The *heavens are where God lives. Flashes of *lightning are the lights in the sky in a great storm. A bow shoots arrows, (sharp bits of wood). But here the arrows are flashes of *lightning.
Verses 7-8 (and 11) talk about foreign people. If *Jewish Bible students are right, then these must be the Philistines. Goliath was a Philistine. "Lies" are words that are not true. The Hebrew Bible does not say, "when they make a promise". It says, "they have false right hands". We think that people lifted up their right hands to make a promise. Here, they were not telling the *truth. They had "false right hands".
Verses 9-10 David prays for help (maybe against Goliath and the Philistines). If God saves David from death by the sword, David will make music to the *LORD. A sword is a long, sharp knife that soldiers use to kill people with. The "ten-stringed harp" made music.
Verses 12-15 pray that God will *bless his people. This means that:
· their children will be strong and beautiful;
· their animals will have good health and many young animals;
· their plants will give plenty of food.
That was helpful, wasn’t it? And wait – there’s more! Some other sites suggested further study within the Bible on those three tricky words. I thought this was most helpful in understanding the meaning that God wants us to take from understanding why we SHOULD NOT use vanity, falsehood and most of all, forswearing.
Leviticus 19:12 And ye do not swear by My name to falsehood, or thou hast polluted the name of thy God; I 'am' Jehovah.
Job 21:34 So how can you comfort me with nonsense, seeing that in your answers there remains only falsehood?"
Psalms 5:6 Thou wilt destroy them that speak lies: Jehovah abhorreth the blood-thirsty and deceitful man.
Psalms 26:4 I have not sat with men of falsehood; Neither will I go in with dissemblers.
Psalms 62:4 They fully intend to throw him down from his lofty place. They delight in lies. They bless with their mouth, but they curse inwardly.
Matthew 5:33 "You have heard that it was said to your ancestors, 'Never break your oath, but give to the Lord what you swore in an oath to give him.'
So in closing, thanks to my old friend for trying to share more of his view on faith with me. Thanks a lot buddy! Can’t wait to see you in June!
Tuesday, November 18, 2008
Bombs Away!
Once again, I have been bombed by the mysterious new persona of "cain". Cain happens to be very anxious to "enlighten" me by sending 58 messages filled with thoughts from all across the board, on subjects such as Rosicrucian's and meditation techniques. Sorry cain, but your very long-winded posts of other's thoughts aren't a part of my study focus. I don't know when I'd need to understand the international politics, policies and procedures of the Grand Lodge of a foreign country. The focus right now is simply on comprehending the ritual, its meaning as applied to my own life experiences, and how I can personally use the teachings to improve my own mind.
Are these his own thoughts? No, in fact, I happen to have a friend of a friend who is the person he received these thoughts from several years ago. This friend has shared them with me, but told me they were breadcrumbs only, and that the study of the meaning behind the actual ritual was what I had to be concerned with first and foremost. So far, this person has been right on the money, and I've been thankful for their support and interest. The content of the multiple CD's was so wide-ranging and enormous that I know it will take several years to understand even a portion, but I'm grateful to have been given a complete set and I look forward to getting through it all.
Are these subjects a part of Freemasonry? Marginally, at least as far as I've been able to read. Thanks to more helpful people, I've received patient and competent help with what I've been studying when I'm able to. Intense focus on the subject areas taught by the ritual have been my main and only concern. I've also been keeping my own personal journal and log of books read, things learned, and where I've seen personal improvement, and believe me, that's been the most helpful tip, at least in my own case.
Original thoughts are hard sometimes to put into words and get down on paper or online. I realize that. Maybe the multiple personalities should focus their own abundant energies on taking that hint and creating their own personal original thoughts. Until then, I'm sorry, but I won't post any of the bombs you've sent my way. Post an original thought (not someone else's words) and I'll be glad to listen to you. Most of all, try very very hard not to use other people's real names. That's a low blow, unnecessary and not something I'd expect anyone given the lessons we've both had, to do.
Are these his own thoughts? No, in fact, I happen to have a friend of a friend who is the person he received these thoughts from several years ago. This friend has shared them with me, but told me they were breadcrumbs only, and that the study of the meaning behind the actual ritual was what I had to be concerned with first and foremost. So far, this person has been right on the money, and I've been thankful for their support and interest. The content of the multiple CD's was so wide-ranging and enormous that I know it will take several years to understand even a portion, but I'm grateful to have been given a complete set and I look forward to getting through it all.
Are these subjects a part of Freemasonry? Marginally, at least as far as I've been able to read. Thanks to more helpful people, I've received patient and competent help with what I've been studying when I'm able to. Intense focus on the subject areas taught by the ritual have been my main and only concern. I've also been keeping my own personal journal and log of books read, things learned, and where I've seen personal improvement, and believe me, that's been the most helpful tip, at least in my own case.
Original thoughts are hard sometimes to put into words and get down on paper or online. I realize that. Maybe the multiple personalities should focus their own abundant energies on taking that hint and creating their own personal original thoughts. Until then, I'm sorry, but I won't post any of the bombs you've sent my way. Post an original thought (not someone else's words) and I'll be glad to listen to you. Most of all, try very very hard not to use other people's real names. That's a low blow, unnecessary and not something I'd expect anyone given the lessons we've both had, to do.
Monday, November 3, 2008
More About Why
Maybe I left out some of why I wanted to begin this blog and let my feelings come out on how I view Freemasonry right now. For the record, I’m not active anymore, and with all this hatred, I’m not sure I’ll ever go back to it. Not that I’m against Freemasonry, it’s just that the organized part of it holds nothing for me right now.
I’ve talked to PDDGM’s, and guys from other lodges. While I’ve been assured I’d be welcomed back, I’d be uncomfortable, since everyone would know I came from Franklin Circle/Halcyon originally, even though I had nothing to do with them for a while. I feel there’d always be someone who’d hold it against me that I was raised by them. There are still a lot of bad vibes, mostly because of people not hearing the facts – from either side, although I’ve got to admit, the 22nd guys haven’t leaked anything, versus the constant spewing by their selected spokesperson.
The only reason you’re hearing from me now is that I got tired of being lied to and then told to shut up about what really went on. Can’t ask a question, especially when it hits close to home, I guess. Too bad too, since there were some really good guys there before it went haywire. But since I’m not into beating or following, I guess it’s just as well.
Why not go back to the new and improved Halcyon? Lots of reasons. Mainly two things for me. One is the aggressive vibes, from specific people you hear from everyday online to the building itself. The other is all this new-agey stuff. So, just so everyone out there knows, not everyone is all happy about this new orient stuff. For me, I’m just going to say that my view of what Freemasonry means to me is that I’m still going to learn and grow, but I don’t think subjects like dowsing, NLP, tarot cards, astrology and alchemy have much to do with what the ritual said to me. If I wanted that I could have bought Amway and tinfoiled my house.
I’m also not into group therapy or homework. I want to read and learn at my own pace, books that I want to read, not these college-level books that are either out of print or out of my price range. The group therapy part really creeps me out the most though. How are you supposed to grow individually when you’re just talking what they want to hear?
I think that personal growth can be achieved on your own, using the disciplines outlined in the ritual I was given. Believe me, for someone who didn’t attend private schools and 10 college, the T & Q are more than enough for me to study and learn from for the rest of my life.
I’ve talked to PDDGM’s, and guys from other lodges. While I’ve been assured I’d be welcomed back, I’d be uncomfortable, since everyone would know I came from Franklin Circle/Halcyon originally, even though I had nothing to do with them for a while. I feel there’d always be someone who’d hold it against me that I was raised by them. There are still a lot of bad vibes, mostly because of people not hearing the facts – from either side, although I’ve got to admit, the 22nd guys haven’t leaked anything, versus the constant spewing by their selected spokesperson.
The only reason you’re hearing from me now is that I got tired of being lied to and then told to shut up about what really went on. Can’t ask a question, especially when it hits close to home, I guess. Too bad too, since there were some really good guys there before it went haywire. But since I’m not into beating or following, I guess it’s just as well.
Why not go back to the new and improved Halcyon? Lots of reasons. Mainly two things for me. One is the aggressive vibes, from specific people you hear from everyday online to the building itself. The other is all this new-agey stuff. So, just so everyone out there knows, not everyone is all happy about this new orient stuff. For me, I’m just going to say that my view of what Freemasonry means to me is that I’m still going to learn and grow, but I don’t think subjects like dowsing, NLP, tarot cards, astrology and alchemy have much to do with what the ritual said to me. If I wanted that I could have bought Amway and tinfoiled my house.
I’m also not into group therapy or homework. I want to read and learn at my own pace, books that I want to read, not these college-level books that are either out of print or out of my price range. The group therapy part really creeps me out the most though. How are you supposed to grow individually when you’re just talking what they want to hear?
I think that personal growth can be achieved on your own, using the disciplines outlined in the ritual I was given. Believe me, for someone who didn’t attend private schools and 10 college, the T & Q are more than enough for me to study and learn from for the rest of my life.
Wednesday, October 29, 2008
Voices in the Wilderness
The individual perspectives we’ve been offered in the past have been one-sided in nature and abusive. This is precisely what the antagonists have wanted, and precisely what their newest GL does not. So why are we only hearing select voices and a whole lot of straw men in response? What is the official position of the Grand Orient on this matter? And why haven’t the Grand Master or Grand Orator (an actual one-time member and Past Master of said lodge) of this brand new Orient made an official response? Surely this issue deserves some honest reply, if not for the sake of the newly formed Grand Orient, at least to answer the questions of those in search of entry into the craft who are not aware that there are jurisdictional as well as core belief issues being debated.
One main question that has bothered many of the community has been the lack of an official response by the newly formed Grand Orient of the United States. Anyone who has participated in any of the online forums and e-lists for any length of time knows their newly crowned Grand Master to be a voice of reform and many ideas. Above all, he is known for voicing his opinion. Why haven’t we heard from him on this matter? And more directly, what is his opinion of the detrimental effect this issue is having on his Orient?
To offer some perspective, I have, under the Freedom of Information Act, obtained a copy of the official charges made in the matter, and offer the Masonic community at large the chance to read for themselves the allegations made by the Grand Lodge of Ohio against the former members of Halcyon. The only changes made to the original document as I received it are the names of all involved are reduced to initials.
One main question that has bothered many of the community has been the lack of an official response by the newly formed Grand Orient of the United States. Anyone who has participated in any of the online forums and e-lists for any length of time knows their newly crowned Grand Master to be a voice of reform and many ideas. Above all, he is known for voicing his opinion. Why haven’t we heard from him on this matter? And more directly, what is his opinion of the detrimental effect this issue is having on his Orient?
To offer some perspective, I have, under the Freedom of Information Act, obtained a copy of the official charges made in the matter, and offer the Masonic community at large the chance to read for themselves the allegations made by the Grand Lodge of Ohio against the former members of Halcyon. The only changes made to the original document as I received it are the names of all involved are reduced to initials.
The REAL allegations
This is an exact copy of the charges filed with the Cuyahoga County Court of Common Pleas by the Grand Lodge of Ohio. The only changes have been the actual names of those accused, which are reduced to initials. If you would like to look up this issue with the Court, all you need is the CV number, which is 08 649002
In The Court of Common Pleas, Cuyahoga County, Ohio
CV 08 649002
Filed January 28, 2008
Preliminary Statement
1. The individual Defendants named in this action used their positions as members and officers of a fraternal organization to improperly take property worth hundreds of thousands of dollars from Plaintiffs and place that property under their own control. They then attempted to sever any affiliation they might have with Plaintiffs without returning this property. This Complaint seeks the rightful return of Plaintiff’s property, and damages resulting from its wrongful taking. Parties
2. Halcyon Masonic Lodge #498 (the “Halcyon Lodge” or the “Lodge”) is a Subordinate Masonic Lodge operating in Cleveland, Ohio, pursuant to a charter given to it by the Grand Lodge of Free and Accepted Masons of Ohio (the “Grand Lodge of Ohio” or the “Grand Lodge”).
3. The Grand Lodge of Ohio is a not-for-profit corporation with its principal place of business in Worthington, Ohio.
4. Halcyon Charities, Inc. (“Halcyon Charities”) is a not-for-profit corporation with its principal place of business in Cleveland, Ohio.
5. Defendants M, W, K, C, S, H, and K are all individuals who reside in Cuyahoga County, Ohio (collectively, the “Individual Defendants”).
6. John Does 1 through 5, inclusive, are named in this Complaint under fictitious names. Their true names and addresses are presently unknown to Plaintiffs, but will be supplemented when ascertained. Plaintiffs believe that each John Doe 1 through 5 was a person or entity involved in the wrongdoing that forms the basis of this Complaint.
Jurisdiction and Venue
7. Jurisdiction is appropriate in this Court because the controversy involves Ohio citizens or corporate entities and the amount in the controversy exceeds the Cuyahoga Court of Common Pleas’ jurisdictional minimum.
8. This Court is the appropriate venue for this action because all Defendants reside or have their principal place of business in Cuyahoga County and because the actions giving rise to the claims asserted occurred in Cuyahoga County. Factual AllegationsI. Background
9. Freemasonry is the oldest fraternity in the world. For numerous centuries the fraternal organization has been committed to assisting men in leading lives devoted to faith, morality, self-awareness, and community service.
10. A Grand Lodge is the administrative body in charge of Freemasonry in a particular geographical area. The Grand Lodge of Ohio was established in 1808. It was incorporated by Act of the General Assembly on March 12, 1844.
11. The Grand Lodge of Ohio, in its discretion, provides charters for the operation of Subordinate Masonic Lodges in the State of Ohio. A minimum of eight Master Masons may petition the Grand Lodge of Ohio for recognition as a Subordinate Masonic Lodge. After a period of review, the Grand Lodge of Ohio may grant the petition, and issue the charter. There are approximately 528 Subordinate Masonic Lodges in the State of Ohio, each of which has been chartered by the Grand Lodge.
12. Subordinate Lodge and their members are bound to follow and abide by the rules and regulations promulgated by the Grand Lodge of Ohio. This includes the Constitution of the Grand Lodge of Ohio, the Grand Lodge of Ohio’s by-laws, and the Code for Government of Lodge.
13. A petitioner for membership in a Subordinate Lodge does not become a full, voting member of the Subordinate Lodge, and is not eligible to be an officer in the Subordinate Lodge, until attaining the rank of Master Mason.
14. Officers of Subordinate Lodges know that they are required to follow and abide by the rules and regulations promulgated by the Grand Lodge of Ohio. They are also knowledgeable regarding the content of these rules and regulations.
15. The Halcyon Lodge received its charter from the Grand Lodge of Ohio in 1877. The Halcyon Lodge conducts its activities in the Halcyon Masonic Temple, which is a large, neoclassical building located in Cleveland. The temple was constructed in 1931. An inscription on the side of the building reads “(t)his building is dedicated and consecrated to the spirit of Freemasonry.”
16. The Halcyon Masonic Temple is owned by the West Side Masonic Temple Company (the “Temple Company”), which was incorporated by members of the Halcyon Lodge in 1915.
17. The Halcyon Lodge had accumulated substantial assets since receiving its charter in 1877 from dues paid by individual members, investments, and gifts. As of December 1, 2006, this included owning 100 percent of the stock in the Temple Company, as well as over $300,000.00 in cash and other equitable securities and/or investments.
18. The Halcyon Lodge presently has approximately 180 members. Until recently, this number was approximately 300. Many members of the Halcyon Lodge transferred their membership to other Subordinate Lodges when the Individual Defendants raised annual membership dues for 2007.
19. The substantial majority of members of the Halcyon Lodge are retired, and no longer living in the area. They remain members of the Lodge, but do not actively participate in the day-to-day management of the Lodge.
II. The Transfer of Assets to Halcyon Charities
20. The Individual Defendants were all officers of the Halcyon Lodge when the allegations detailed within this section of the Complaint transpired. Defendant M was Worshipful Master of the Halcyon Lodge. Defendant C was Senior Warden of the Halcyon Lodge. Defendant S was Junior Warden of the Halcyon Lodge. Defendant W was Treasurer of the Halcyon Lodge. Defendant K was Secretary of the Halcyon Lodge. Defendant H was Senior Deacon of the Halcyon Lodge. Defendant K was Junior Deacon of the Halcyon Lodge.
21. Defendant M became a Master Mason on March 26, 2004. Defendant W became a Master Mason on October 18, 2004. Defendant K became a Master Mason on November 7, 2005. Defendant C became a Master Mason on April 28, 2005. Defendant S became a Master Mason on January 15, 2001. Defendant K became a Master Mason on January 30, 2006. Defendant H became a Master Mason on March 27, 2006.
22. The Code for Government of Lodges (the “Code”) provides that a Subordinate Lodge may hold two types of meetings. “Stated Meetings” occur at times set forth in the Subordinate Lodge’s by-laws. “Special Meetings” are not provided for in the by-laws, and are called in the event of an emergency or other unusual situations.
23. Section 21.04(a) of the Code provides that “notice of any special meeting and its object shall be by mail to the members of the Lodge.” Section 21.04(b) of the Code further provides that “(t)he right of a Mason to be present and vote at the meetings of his lodge is a sacred right and must not be denied any Mason in good standing who conducts himself with propriety.”
24. The officers of the Halcyon Lodge held a stated meeting on November 27, 2006. At this meeting, the officers discussed transferring substantially all of the Halcyon Lodge’s assets, including its Temple Company stock, to a new business entity that certain officers of the Lodge would incorporate. No decision regarding this issue was reached at this meeting.
25. The officers of the Halcyon Lodge held a special meeting to discuss this same issue on December 4, 2006. Notice of this special meeting was not sent to members of Halcyon Lodge by mail. A formal resolution regarding the transfer of assets was not reached at this special meeting.
26. On December 6, 2006, Defendants K, W and M incorporated Halcyon Charities, and Ohio not-for-profit corporation, by filing its Articles of Incorporation with the Ohio Secretary of State.
27. The officers of the Halcyon Lodge held another stated meeting on December 11, 2006. There were only ten members of the Halcyon Lodge present at this stated meeting. Defendant K briefed those present regarding the formation of Halcyon Charities and the alleged benefits of transferring substantially all of the Halcyon Lodge’s assets to this entity. A motion was made to take this action, which motion was approved by those present at the meting.
28. As a result of the foregoing, substantially all of the Halcyon Lodge’s assets were transferred to Halcyon Charities. This includes all of the stock in the Temple Company as well as $300,000.00 in cash and other equities. These assets had been accumulated by the Halcyon Lodge since it received its charter in 1877. This action was approved at a meeting attended by only a small percentage of members of the Halcyon Lodge. The vast majority of Halcyon Lodge members had no notice or knowledge that its officers were taking this action.
29. At the time of the transfer of assets occurred, Section 9.02(a) of the Grand Lodge of Ohio by-laws provided: “No Subordinate Lodge shall purchase lands for Lodge purchases, purchase, erect, or occupy a building, or any part thereof, or be a member of a company, or delegate such authority to any person or organization, or pledge its resources or obligate the Lodge in any manner, for such purposes if the total amount to be expended is $10,000.00 or more, until the method of financing, and the plans for the project shall have been submitted to the Temple Committee of the Grand Lodge and its approval thereto obtained.”
30. The officers of the Halcyon Lodge pledged over $10,000.00 to Halcyon Charities, and delegated authority to Halcyon Charities to manage the Halcyon Masonic Temple, without notifying any member of the Temple Committee, and without obtaining the Committee’s approval to take this action. The transfer of assets to Halcyon Charities violated Section 9.02(a) of the Grand Lodge of Ohio by-laws.
31. At the time of the transfer of assets occurred, Section 9.02(b) of the Grand Lodge of Ohio by-laws provided: “All requests involving the expenditure of $10,000.00 or more for the purchase, repair, remodeling, or the erection of a building must be brought before the membership of the Lodge at a stated meeting. It shall be entered upon the minutes and lie over for 30 days, when it shall require the sanction of a majority of the members present. Upon the approval of the membership for all such expenditures of $25,000.00 or more, the method of financing, the plans for the project, all supporting data, and copies of both stated meeting minutes shall be sent to the Temple Committee of the Grand Lodge for approval. No legal purchase commitments shall be made by the Lodge or Lodge funds expended concerning the project until the approval of the Grand Lodge Temple Committee is given for the expenditure.”
32. The transfer of assets to Halcyon Charities, which was done for the ostensible purpose of repairing and remodeling the Halcyon Temple, was a project falling within the scope of Section 9.02(b). The Individual Defendants therefore violated Section 9.02(b) by transferring the Halcyon Lodge assets without following the procedure set for the in Section 9.02(b) for such an expenditure of assets.
33. Defendant M is the President of Halcyon Charities. Defendant W is the Treasurer of Halcyon Charities. Defendant K is Secretary of Halcyon Charities. These Defendants also serve as Directors for Halcyon Charities.
34. Section 3.7 of Halcyon Charities Articles of Incorporation provides: “Officers may be compensated for services provided to the Corporation in their capacities as officers. Officers may be compensated for the reasonable value of any other services authorized by and provided to the Corporation.”
35. Thus, as a result of their becoming Freemasons, Defendants M, W and K, as officers and directors of Halcyon Charities, are now in possession of, and have control over 100 percent of Temple Company stock and $300,000.00 in cash and other equities. These are substantially all of the assets of the Halcyon Lodge, which the Lodge had accumulated since receiving its charter in 1877. The action of the Individual Defendants has prevented the membership of the Halcyon Lodge as well as the Grand Lodge of Ohio from participating in the management and disbursement of Lodge assets. Members of the Lodge have also been denied access to the Temple. This action was taken without any notification to the membership at large or to the Grand Lodge of Ohio, and without following the rules pursuant to which the Individual Defendants had agreed to be governed. Defendants M, W and K’s control of Lodge assets is not subjected to any meaningful oversight by any individual or entity. They may also receive compensation for their services to Halcyon Charities. In sum, their stint as Freemasons proved a profitable venture.
III. The Discovery and Aftermath
36. In November of 2007, in the course of conducting an annual audit of the Halcyon Lodge, Grand Lodge of Ohio officials confirmed the transfer of the Lodge assets to Halcyon Charities. The Grand Lodge of Ohio had not documentation of the transaction until this time.
37. Representatives of the Grand Lodge of Ohio thereafter attended a stated meeting of the Halcyon Lodge on November 12, 2007. These representatives demanded that the cash and equities, including the Temple Company stock, be returned to the Halcyon Lodge and its members within forty-eight hours.
38. The officers of the Halcyon Lodge refused to reverse the transaction. Instead, they attempted to sever any affiliation they might have to Freemasonry and the Grand Lodge, symbolically voting to surrender the Halcyon Lodge charter.
39. For the first time, in a letter dated November 21, 2007, Defendant M informed the membership of the Halcyon Lodge of the transfer of assets to Halcyon Charities. This letter stated that the Defendants intended to form a new lodge, not affiliated with the Grand Lodge of Ohio, and that the members of Halcyon Lodge could feel free to petition this new lodge for membership.
40. As a result of the Individual Defendants’ actions, members of the Halcyon Lodge were uncertain of their standing with the Grand Lodge of Ohio and, more generally, with the fraternal brotherhood itself.
41. The Grand Lodge of Ohio has appointed interim officers to conduct the affairs of the Halcyon Lodge until its Temple and property are returned. It has taken action to ensure that the Halcyon Lodge members who were kept in the dark regarding the transfer of Lodge assets to Halcyon Charities know that their membership in the fraternal brotherhood and with the Grand Lodge of Ohio remains in good standing.
42. The Halcyon Lodge met in the Cleveland Masonic Center, located at 3615 Euclid Avenue in Cleveland, on December 10, 2007, and its members intend to continue its operations. The substantial financial assets of the Lodge, however, remain subject to the Defendants’ possession and control.
43. On January 2, 2008, Mr. C, Acting Worshipful Master for the Halcyon Lodge, sent a letter to Defendant K, as statutory agent for Halcyon Charities, demanding the return of the Halcyon Lodge’s personal and Masonic property. (A copy of the letter is attached as Exhibit A and incorporated herein.) Halcyon Charities has refused to return these materials to the Halcyon Lodge.
Count One
Breach of Fiduciary Duty (Halcyon Masonic Lodge #498)
44. Plaintiffs restate the incorporate all allegations contained in the preceding paragraphs as though fully written herein.
45. As officers of the Halcyon Lodge, the Individual Defendants owed fiduciary duties to their fellow members of the Halcyon Lodge and to the Lodge itself.
46. The Individual Defendants breached their fiduciary duties by not informing the membership of the Halcyon Lodge at large of their intent to transfer substantially all of the Lodge’s assets to Halcyon Charities. This failure to disclose prevented Halcyon Lodge members from interfering with this improper action, and was in contravention of the rules the officers had agreed to follow.
47. The Individual Defendants breached their fiduciary duties by transferring substantially all of the Halcyon Lodge’s assets to Halcyon Charities.
48. The Halcyon Lodge has been damaged as a result of these breaches of fiduciary duty. The Halcyon Lodge no longer has possession of, and can no longer make use of, the substantial assets the Lodge had accumulated since 1877.
49. The conduct of the Individual Defendants in breaching their fiduciary duties to Halcyon Lodge was intentionally injurious, and done with such reckless disregard for the Halcyon Lodge’s rights that it amounts to malicious, deliberate, gross, and wanton conduct, entitling the Halcyon Lodge to a recovery of punitive damages.
Count Two
Breach of Fiduciary Duty (Grand Lodge of Ohio)
50. Plaintiffs restate an incorporate all allegations contained in the preceding paragraphs as though fully written herein.
51. The Individual Defendants, as members and officers of the Halcyon Lodge, owed fiduciary duties to the Grand Lodge of Ohio.
52. As is stated on the Halcyon Lodge charter, the Grand Lodge of Ohio granted the charter because it “repos(ed) especial trust and confidence in the integrity and well-known attachment of the aforesaid petitioners to the sublime principles of Masonry.” The Grand Lodge of Ohio places this same special trust and confidence in all members of the Subordinate Lodges.
53. The Individual Defendants breached their fiduciary duties by not informing the Grand Lodge of Ohio of their intention to transfer substantially all of the Halcyon Lodge’s assets to Halcyon Charities. This failure to disclose prevented the Grand Lodge of Ohio from interfering with this improper action, and was in contravention of the rules the officers had agreed to follow.
54. The Individual Defendants breached their fiduciary duties by transferring substantially all of the Halcyon Lodge’s assets to Halcyon Charities.
55. The Grand Lodge of Ohio has been damaged as a result of these breaches of fiduciary duty. A Subordinate Lodge has been deprived of substantially all of its assets, thereby affecting the Grand Lodge’s ability to further the interests of the fraternal brotherhood at large.
56. The conduct of the Individual Defendants in breaching their fiduciary duties to the Grand Lodge of Ohio was intentionally injurious, and done with such reckless disregard for the Grand Lodge of Ohio’s rights that it amounts to malicious, deliberate, gross, and wanton conduct, entitling the Grand Lodge of Ohio to a recovery of punitive damages.
Count Three
Conversion (Halcyon Masonic Lodge #498)
57. Plaintiffs restate and incorporate all allegations contained in the preceding paragraphs as though fully written herein.
58. The Halcyon Lodge is the owner of the cash and equitable securities the Lodge had accumulated since receiving its charter in 1877, as well as all personal and Masonic property in the Halcyon Temple, and used by its members.
59. The Individual Defendants, in transferring these properties to Halcyon Charities in violation of their fiduciary duties, and without informing the membership of the Halcyon Lodge at large, wrongfully exercised dominion and control over them in a manner inconsistent with the Lodge’s rights.
60. The Halcyon Lodge has demanded the return of its monies, securities, and personal property from Halcyon Charities, but the properties have not been returned.
61. The Halcyon Lodge has been damaged by this conversion of its properties and will suffer additional consequential damages if Halcyon Charities should continue to wrongfully possess the Halcyon Lodge’s property.
62. The conduct of the Individual Defendants in wrongfully converting the Halcyon Lodge’s property was intentionally injurious, and was done with such reckless disregard for the Halcyon Lodge’s rights that it amounts to malicious, deliberate, gross, and wanton conduct, entitling the Halcyon Lodge to a recovery of punitive damages.
Count Four
Fraudulent Concealment (Halcyon Masonic Lodge #498)
63. Plaintiffs restate and incorporate all allegations contained in the preceding paragraphs as though fully written herein.
64. The Individual Defendants had a duty to disclose their intent to transfer substantially all of the Halcyon Lodge’s assets to Halcyon Charities to the Lodge membership.
65. The Individual Defendants did not disclose their intent to transfer Halcyon Lodge assets to the Lodge membership at large. Indeed, it was not until nearly a year after the transfer had occurred that the members were notified of its occurrence.
66. The Individual Defendants had knowledge that their intent to transfer substantially all of the Halcyon Lodge’s assets to Halcyon Charities was a material fact that was required to be disclosed to the membership at large, particularly when they held a special meeting to discuss the matter. They nevertheless willfully failed to disclose this fact to the membership at large.
67. The Halcyon Lodge has been damaged as a result of the fraudulent concealment of the transfer of its assets. The Halcyon Lodge no longer has possession of, and can no longer make use of, the substantial assets the Lodge had accumulated since 1877.
68. The conduct of the Individual Defendants in fraudulently concealing the transfer of Halcyon Lodge assets to Halcyon Charities was intentionally injurious, and was done with such reckless disregard for the Halcyon Lodge’s rights that it amounts to malicious, deliberate, gross, and wanton conduct, entitling Halcyon Lodge to a recovery of punitive damages.
Count Five
Fraudulent Concealment (Grand Lodge of Ohio)
69. Plaintiffs restate and incorporate all allegations contained in the preceding paragraphs as though fully written herein.
70. The Individual Defendants had a duty to disclose their intent to transfer substantially all of the Halcyon Lodge’s assets to Halcyon Charities to the Grand Lodge of Ohio.
71. The Individual Defendants did not disclose their intent to transfer Halcyon Lodge assets to the Grand Lodge of Ohio. The Grand Lodge only discovered the transfer almost a year later, in the course of performing the annual audit of the Halcyon Lodge.
72. The Individual Defendants had knowledge that their intent to transfer substantially all of the Halcyon Lodge’s assets to Halcyon Charities was a material fact that was required to be disclosed to the Grand Lodge of Ohio pursuant to Code Section 9.02(a). The Individual Defendants nevertheless willfully failed to disclose this fact to the Grand Lodge of Ohio.
73. The Grand Lodge of Ohio has been damaged as a result of the fraudulent concealment of the transfer of its assets. A Subordinate Lodge has been deprived of substantially all of its assets, thereby affecting the Grand Lodge’s ability to further the interests of the fraternal brotherhood at large.
74. The conduct of the Individual Defendants in fraudulently concealing their transfer of Halcyon Lodge assets to Halcyon Charities from the Grand Lodge of Ohio was intentionally injurious, and done with such reckless disregard for the Grand Lodge of Ohio’s rights that it amounts to malicious, deliberate, gross, and wanton conduct, entitling the Grand Lodge of Ohio to a recovery of punitive damages.
Count Six
Civil Conspiracy (Halcyon Masonic Lodge #498)
75. Plaintiffs restate and incorporate all allegations contained in the preceding paragraphs as though fully written herein.
76. The Individual Defendants maliciously combined to engage in a course of conduct designed to injure the Halcyon Lodge under the schemes described above, in a way not competent for one alone, resulting in actual damages to the Halcyon Lodge.
77. The conduct of the Individual Defendants in conspiring to commit these unlawful acts was intentionally injurious, and done with such reckless disregard for the Halcyon Lodge’s rights that it amounts to malicious, deliberate, gross, and wanton conduct, entitling the Halcyon Lodge to a recovery of punitive damages. Count SevenCivil Conspiracy (Grand Lodge of Ohio)
78. Plaintiffs restate and incorporate all allegations contained in the preceding paragraphs as though fully written herein.
79. The Individual Defendants maliciously combined to engage in a course of conduct designed to injure the Grand Lodge of Ohio under the schemes described above, in a way not competent for one alone, resulting in actual damages to the Grand Lodge of Ohio.
80. The conduct of the Individual Defendants in conspiring to commit these unlawful acts was intentionally injurious, and done with such reckless disregard for the Grand Lodge of Ohio’s rights that it amounts to malicious, deliberate, gross and wanton conduct, entitling the Grand Lodge of Ohio to a recovery of punitive damages.
Count Eight
Unjust Enrichment (Halcyon Masonic Lodge #498)
81. Plaintiffs restate and incorporate all allegations contained in the preceding paragraphs as though fully written herein.
82. The Halcyon conferred a benefit upon Defendants M, W, and K by allowing them to join the Lodge, thereby giving them access to the Lodge’s substantial financial assets.
83. Defendants M, W, and K knew that the Halcyon Lodge had conferred a benefit upon them in accepting their petitions to join the fraternal organization, and in giving them access to these financial assets and properties.
84. Defendants M, W, and K now have control over the substantial financial assets of the Halcyon Lodge, via their positions as officers and directors of Halcyon Charities.
85. It would be unjust to allow these Defendants to retain their control of financial assets which rightfully belong to the Halcyon Lodge without payment.
Prayer For Relief
Wherefore, Plaintiffs seek the following relief:
A. The return of the Plaintiff’s property;
B. Compensatory damages in an amount in excess of $25,000.00;
C. Punitive damages;
D. Plaintiff’s reasonable attorney fees and costs in pursuing this action;E. Any other relief as this Court may deem just and proper.
Dated January 28, 2008
Respectfully submitted,(names and address of attorneys for the Plaintiff)
Jury Demand
Plaintiffs hereby demand trial by jury on all issues pursuant to Civ. R. 38.
Respectfully submitted, (names and address of attorneys for the Plaintiff)
In The Court of Common Pleas, Cuyahoga County, Ohio
CV 08 649002
Filed January 28, 2008
Preliminary Statement
1. The individual Defendants named in this action used their positions as members and officers of a fraternal organization to improperly take property worth hundreds of thousands of dollars from Plaintiffs and place that property under their own control. They then attempted to sever any affiliation they might have with Plaintiffs without returning this property. This Complaint seeks the rightful return of Plaintiff’s property, and damages resulting from its wrongful taking. Parties
2. Halcyon Masonic Lodge #498 (the “Halcyon Lodge” or the “Lodge”) is a Subordinate Masonic Lodge operating in Cleveland, Ohio, pursuant to a charter given to it by the Grand Lodge of Free and Accepted Masons of Ohio (the “Grand Lodge of Ohio” or the “Grand Lodge”).
3. The Grand Lodge of Ohio is a not-for-profit corporation with its principal place of business in Worthington, Ohio.
4. Halcyon Charities, Inc. (“Halcyon Charities”) is a not-for-profit corporation with its principal place of business in Cleveland, Ohio.
5. Defendants M, W, K, C, S, H, and K are all individuals who reside in Cuyahoga County, Ohio (collectively, the “Individual Defendants”).
6. John Does 1 through 5, inclusive, are named in this Complaint under fictitious names. Their true names and addresses are presently unknown to Plaintiffs, but will be supplemented when ascertained. Plaintiffs believe that each John Doe 1 through 5 was a person or entity involved in the wrongdoing that forms the basis of this Complaint.
Jurisdiction and Venue
7. Jurisdiction is appropriate in this Court because the controversy involves Ohio citizens or corporate entities and the amount in the controversy exceeds the Cuyahoga Court of Common Pleas’ jurisdictional minimum.
8. This Court is the appropriate venue for this action because all Defendants reside or have their principal place of business in Cuyahoga County and because the actions giving rise to the claims asserted occurred in Cuyahoga County. Factual AllegationsI. Background
9. Freemasonry is the oldest fraternity in the world. For numerous centuries the fraternal organization has been committed to assisting men in leading lives devoted to faith, morality, self-awareness, and community service.
10. A Grand Lodge is the administrative body in charge of Freemasonry in a particular geographical area. The Grand Lodge of Ohio was established in 1808. It was incorporated by Act of the General Assembly on March 12, 1844.
11. The Grand Lodge of Ohio, in its discretion, provides charters for the operation of Subordinate Masonic Lodges in the State of Ohio. A minimum of eight Master Masons may petition the Grand Lodge of Ohio for recognition as a Subordinate Masonic Lodge. After a period of review, the Grand Lodge of Ohio may grant the petition, and issue the charter. There are approximately 528 Subordinate Masonic Lodges in the State of Ohio, each of which has been chartered by the Grand Lodge.
12. Subordinate Lodge and their members are bound to follow and abide by the rules and regulations promulgated by the Grand Lodge of Ohio. This includes the Constitution of the Grand Lodge of Ohio, the Grand Lodge of Ohio’s by-laws, and the Code for Government of Lodge.
13. A petitioner for membership in a Subordinate Lodge does not become a full, voting member of the Subordinate Lodge, and is not eligible to be an officer in the Subordinate Lodge, until attaining the rank of Master Mason.
14. Officers of Subordinate Lodges know that they are required to follow and abide by the rules and regulations promulgated by the Grand Lodge of Ohio. They are also knowledgeable regarding the content of these rules and regulations.
15. The Halcyon Lodge received its charter from the Grand Lodge of Ohio in 1877. The Halcyon Lodge conducts its activities in the Halcyon Masonic Temple, which is a large, neoclassical building located in Cleveland. The temple was constructed in 1931. An inscription on the side of the building reads “(t)his building is dedicated and consecrated to the spirit of Freemasonry.”
16. The Halcyon Masonic Temple is owned by the West Side Masonic Temple Company (the “Temple Company”), which was incorporated by members of the Halcyon Lodge in 1915.
17. The Halcyon Lodge had accumulated substantial assets since receiving its charter in 1877 from dues paid by individual members, investments, and gifts. As of December 1, 2006, this included owning 100 percent of the stock in the Temple Company, as well as over $300,000.00 in cash and other equitable securities and/or investments.
18. The Halcyon Lodge presently has approximately 180 members. Until recently, this number was approximately 300. Many members of the Halcyon Lodge transferred their membership to other Subordinate Lodges when the Individual Defendants raised annual membership dues for 2007.
19. The substantial majority of members of the Halcyon Lodge are retired, and no longer living in the area. They remain members of the Lodge, but do not actively participate in the day-to-day management of the Lodge.
II. The Transfer of Assets to Halcyon Charities
20. The Individual Defendants were all officers of the Halcyon Lodge when the allegations detailed within this section of the Complaint transpired. Defendant M was Worshipful Master of the Halcyon Lodge. Defendant C was Senior Warden of the Halcyon Lodge. Defendant S was Junior Warden of the Halcyon Lodge. Defendant W was Treasurer of the Halcyon Lodge. Defendant K was Secretary of the Halcyon Lodge. Defendant H was Senior Deacon of the Halcyon Lodge. Defendant K was Junior Deacon of the Halcyon Lodge.
21. Defendant M became a Master Mason on March 26, 2004. Defendant W became a Master Mason on October 18, 2004. Defendant K became a Master Mason on November 7, 2005. Defendant C became a Master Mason on April 28, 2005. Defendant S became a Master Mason on January 15, 2001. Defendant K became a Master Mason on January 30, 2006. Defendant H became a Master Mason on March 27, 2006.
22. The Code for Government of Lodges (the “Code”) provides that a Subordinate Lodge may hold two types of meetings. “Stated Meetings” occur at times set forth in the Subordinate Lodge’s by-laws. “Special Meetings” are not provided for in the by-laws, and are called in the event of an emergency or other unusual situations.
23. Section 21.04(a) of the Code provides that “notice of any special meeting and its object shall be by mail to the members of the Lodge.” Section 21.04(b) of the Code further provides that “(t)he right of a Mason to be present and vote at the meetings of his lodge is a sacred right and must not be denied any Mason in good standing who conducts himself with propriety.”
24. The officers of the Halcyon Lodge held a stated meeting on November 27, 2006. At this meeting, the officers discussed transferring substantially all of the Halcyon Lodge’s assets, including its Temple Company stock, to a new business entity that certain officers of the Lodge would incorporate. No decision regarding this issue was reached at this meeting.
25. The officers of the Halcyon Lodge held a special meeting to discuss this same issue on December 4, 2006. Notice of this special meeting was not sent to members of Halcyon Lodge by mail. A formal resolution regarding the transfer of assets was not reached at this special meeting.
26. On December 6, 2006, Defendants K, W and M incorporated Halcyon Charities, and Ohio not-for-profit corporation, by filing its Articles of Incorporation with the Ohio Secretary of State.
27. The officers of the Halcyon Lodge held another stated meeting on December 11, 2006. There were only ten members of the Halcyon Lodge present at this stated meeting. Defendant K briefed those present regarding the formation of Halcyon Charities and the alleged benefits of transferring substantially all of the Halcyon Lodge’s assets to this entity. A motion was made to take this action, which motion was approved by those present at the meting.
28. As a result of the foregoing, substantially all of the Halcyon Lodge’s assets were transferred to Halcyon Charities. This includes all of the stock in the Temple Company as well as $300,000.00 in cash and other equities. These assets had been accumulated by the Halcyon Lodge since it received its charter in 1877. This action was approved at a meeting attended by only a small percentage of members of the Halcyon Lodge. The vast majority of Halcyon Lodge members had no notice or knowledge that its officers were taking this action.
29. At the time of the transfer of assets occurred, Section 9.02(a) of the Grand Lodge of Ohio by-laws provided: “No Subordinate Lodge shall purchase lands for Lodge purchases, purchase, erect, or occupy a building, or any part thereof, or be a member of a company, or delegate such authority to any person or organization, or pledge its resources or obligate the Lodge in any manner, for such purposes if the total amount to be expended is $10,000.00 or more, until the method of financing, and the plans for the project shall have been submitted to the Temple Committee of the Grand Lodge and its approval thereto obtained.”
30. The officers of the Halcyon Lodge pledged over $10,000.00 to Halcyon Charities, and delegated authority to Halcyon Charities to manage the Halcyon Masonic Temple, without notifying any member of the Temple Committee, and without obtaining the Committee’s approval to take this action. The transfer of assets to Halcyon Charities violated Section 9.02(a) of the Grand Lodge of Ohio by-laws.
31. At the time of the transfer of assets occurred, Section 9.02(b) of the Grand Lodge of Ohio by-laws provided: “All requests involving the expenditure of $10,000.00 or more for the purchase, repair, remodeling, or the erection of a building must be brought before the membership of the Lodge at a stated meeting. It shall be entered upon the minutes and lie over for 30 days, when it shall require the sanction of a majority of the members present. Upon the approval of the membership for all such expenditures of $25,000.00 or more, the method of financing, the plans for the project, all supporting data, and copies of both stated meeting minutes shall be sent to the Temple Committee of the Grand Lodge for approval. No legal purchase commitments shall be made by the Lodge or Lodge funds expended concerning the project until the approval of the Grand Lodge Temple Committee is given for the expenditure.”
32. The transfer of assets to Halcyon Charities, which was done for the ostensible purpose of repairing and remodeling the Halcyon Temple, was a project falling within the scope of Section 9.02(b). The Individual Defendants therefore violated Section 9.02(b) by transferring the Halcyon Lodge assets without following the procedure set for the in Section 9.02(b) for such an expenditure of assets.
33. Defendant M is the President of Halcyon Charities. Defendant W is the Treasurer of Halcyon Charities. Defendant K is Secretary of Halcyon Charities. These Defendants also serve as Directors for Halcyon Charities.
34. Section 3.7 of Halcyon Charities Articles of Incorporation provides: “Officers may be compensated for services provided to the Corporation in their capacities as officers. Officers may be compensated for the reasonable value of any other services authorized by and provided to the Corporation.”
35. Thus, as a result of their becoming Freemasons, Defendants M, W and K, as officers and directors of Halcyon Charities, are now in possession of, and have control over 100 percent of Temple Company stock and $300,000.00 in cash and other equities. These are substantially all of the assets of the Halcyon Lodge, which the Lodge had accumulated since receiving its charter in 1877. The action of the Individual Defendants has prevented the membership of the Halcyon Lodge as well as the Grand Lodge of Ohio from participating in the management and disbursement of Lodge assets. Members of the Lodge have also been denied access to the Temple. This action was taken without any notification to the membership at large or to the Grand Lodge of Ohio, and without following the rules pursuant to which the Individual Defendants had agreed to be governed. Defendants M, W and K’s control of Lodge assets is not subjected to any meaningful oversight by any individual or entity. They may also receive compensation for their services to Halcyon Charities. In sum, their stint as Freemasons proved a profitable venture.
III. The Discovery and Aftermath
36. In November of 2007, in the course of conducting an annual audit of the Halcyon Lodge, Grand Lodge of Ohio officials confirmed the transfer of the Lodge assets to Halcyon Charities. The Grand Lodge of Ohio had not documentation of the transaction until this time.
37. Representatives of the Grand Lodge of Ohio thereafter attended a stated meeting of the Halcyon Lodge on November 12, 2007. These representatives demanded that the cash and equities, including the Temple Company stock, be returned to the Halcyon Lodge and its members within forty-eight hours.
38. The officers of the Halcyon Lodge refused to reverse the transaction. Instead, they attempted to sever any affiliation they might have to Freemasonry and the Grand Lodge, symbolically voting to surrender the Halcyon Lodge charter.
39. For the first time, in a letter dated November 21, 2007, Defendant M informed the membership of the Halcyon Lodge of the transfer of assets to Halcyon Charities. This letter stated that the Defendants intended to form a new lodge, not affiliated with the Grand Lodge of Ohio, and that the members of Halcyon Lodge could feel free to petition this new lodge for membership.
40. As a result of the Individual Defendants’ actions, members of the Halcyon Lodge were uncertain of their standing with the Grand Lodge of Ohio and, more generally, with the fraternal brotherhood itself.
41. The Grand Lodge of Ohio has appointed interim officers to conduct the affairs of the Halcyon Lodge until its Temple and property are returned. It has taken action to ensure that the Halcyon Lodge members who were kept in the dark regarding the transfer of Lodge assets to Halcyon Charities know that their membership in the fraternal brotherhood and with the Grand Lodge of Ohio remains in good standing.
42. The Halcyon Lodge met in the Cleveland Masonic Center, located at 3615 Euclid Avenue in Cleveland, on December 10, 2007, and its members intend to continue its operations. The substantial financial assets of the Lodge, however, remain subject to the Defendants’ possession and control.
43. On January 2, 2008, Mr. C, Acting Worshipful Master for the Halcyon Lodge, sent a letter to Defendant K, as statutory agent for Halcyon Charities, demanding the return of the Halcyon Lodge’s personal and Masonic property. (A copy of the letter is attached as Exhibit A and incorporated herein.) Halcyon Charities has refused to return these materials to the Halcyon Lodge.
Count One
Breach of Fiduciary Duty (Halcyon Masonic Lodge #498)
44. Plaintiffs restate the incorporate all allegations contained in the preceding paragraphs as though fully written herein.
45. As officers of the Halcyon Lodge, the Individual Defendants owed fiduciary duties to their fellow members of the Halcyon Lodge and to the Lodge itself.
46. The Individual Defendants breached their fiduciary duties by not informing the membership of the Halcyon Lodge at large of their intent to transfer substantially all of the Lodge’s assets to Halcyon Charities. This failure to disclose prevented Halcyon Lodge members from interfering with this improper action, and was in contravention of the rules the officers had agreed to follow.
47. The Individual Defendants breached their fiduciary duties by transferring substantially all of the Halcyon Lodge’s assets to Halcyon Charities.
48. The Halcyon Lodge has been damaged as a result of these breaches of fiduciary duty. The Halcyon Lodge no longer has possession of, and can no longer make use of, the substantial assets the Lodge had accumulated since 1877.
49. The conduct of the Individual Defendants in breaching their fiduciary duties to Halcyon Lodge was intentionally injurious, and done with such reckless disregard for the Halcyon Lodge’s rights that it amounts to malicious, deliberate, gross, and wanton conduct, entitling the Halcyon Lodge to a recovery of punitive damages.
Count Two
Breach of Fiduciary Duty (Grand Lodge of Ohio)
50. Plaintiffs restate an incorporate all allegations contained in the preceding paragraphs as though fully written herein.
51. The Individual Defendants, as members and officers of the Halcyon Lodge, owed fiduciary duties to the Grand Lodge of Ohio.
52. As is stated on the Halcyon Lodge charter, the Grand Lodge of Ohio granted the charter because it “repos(ed) especial trust and confidence in the integrity and well-known attachment of the aforesaid petitioners to the sublime principles of Masonry.” The Grand Lodge of Ohio places this same special trust and confidence in all members of the Subordinate Lodges.
53. The Individual Defendants breached their fiduciary duties by not informing the Grand Lodge of Ohio of their intention to transfer substantially all of the Halcyon Lodge’s assets to Halcyon Charities. This failure to disclose prevented the Grand Lodge of Ohio from interfering with this improper action, and was in contravention of the rules the officers had agreed to follow.
54. The Individual Defendants breached their fiduciary duties by transferring substantially all of the Halcyon Lodge’s assets to Halcyon Charities.
55. The Grand Lodge of Ohio has been damaged as a result of these breaches of fiduciary duty. A Subordinate Lodge has been deprived of substantially all of its assets, thereby affecting the Grand Lodge’s ability to further the interests of the fraternal brotherhood at large.
56. The conduct of the Individual Defendants in breaching their fiduciary duties to the Grand Lodge of Ohio was intentionally injurious, and done with such reckless disregard for the Grand Lodge of Ohio’s rights that it amounts to malicious, deliberate, gross, and wanton conduct, entitling the Grand Lodge of Ohio to a recovery of punitive damages.
Count Three
Conversion (Halcyon Masonic Lodge #498)
57. Plaintiffs restate and incorporate all allegations contained in the preceding paragraphs as though fully written herein.
58. The Halcyon Lodge is the owner of the cash and equitable securities the Lodge had accumulated since receiving its charter in 1877, as well as all personal and Masonic property in the Halcyon Temple, and used by its members.
59. The Individual Defendants, in transferring these properties to Halcyon Charities in violation of their fiduciary duties, and without informing the membership of the Halcyon Lodge at large, wrongfully exercised dominion and control over them in a manner inconsistent with the Lodge’s rights.
60. The Halcyon Lodge has demanded the return of its monies, securities, and personal property from Halcyon Charities, but the properties have not been returned.
61. The Halcyon Lodge has been damaged by this conversion of its properties and will suffer additional consequential damages if Halcyon Charities should continue to wrongfully possess the Halcyon Lodge’s property.
62. The conduct of the Individual Defendants in wrongfully converting the Halcyon Lodge’s property was intentionally injurious, and was done with such reckless disregard for the Halcyon Lodge’s rights that it amounts to malicious, deliberate, gross, and wanton conduct, entitling the Halcyon Lodge to a recovery of punitive damages.
Count Four
Fraudulent Concealment (Halcyon Masonic Lodge #498)
63. Plaintiffs restate and incorporate all allegations contained in the preceding paragraphs as though fully written herein.
64. The Individual Defendants had a duty to disclose their intent to transfer substantially all of the Halcyon Lodge’s assets to Halcyon Charities to the Lodge membership.
65. The Individual Defendants did not disclose their intent to transfer Halcyon Lodge assets to the Lodge membership at large. Indeed, it was not until nearly a year after the transfer had occurred that the members were notified of its occurrence.
66. The Individual Defendants had knowledge that their intent to transfer substantially all of the Halcyon Lodge’s assets to Halcyon Charities was a material fact that was required to be disclosed to the membership at large, particularly when they held a special meeting to discuss the matter. They nevertheless willfully failed to disclose this fact to the membership at large.
67. The Halcyon Lodge has been damaged as a result of the fraudulent concealment of the transfer of its assets. The Halcyon Lodge no longer has possession of, and can no longer make use of, the substantial assets the Lodge had accumulated since 1877.
68. The conduct of the Individual Defendants in fraudulently concealing the transfer of Halcyon Lodge assets to Halcyon Charities was intentionally injurious, and was done with such reckless disregard for the Halcyon Lodge’s rights that it amounts to malicious, deliberate, gross, and wanton conduct, entitling Halcyon Lodge to a recovery of punitive damages.
Count Five
Fraudulent Concealment (Grand Lodge of Ohio)
69. Plaintiffs restate and incorporate all allegations contained in the preceding paragraphs as though fully written herein.
70. The Individual Defendants had a duty to disclose their intent to transfer substantially all of the Halcyon Lodge’s assets to Halcyon Charities to the Grand Lodge of Ohio.
71. The Individual Defendants did not disclose their intent to transfer Halcyon Lodge assets to the Grand Lodge of Ohio. The Grand Lodge only discovered the transfer almost a year later, in the course of performing the annual audit of the Halcyon Lodge.
72. The Individual Defendants had knowledge that their intent to transfer substantially all of the Halcyon Lodge’s assets to Halcyon Charities was a material fact that was required to be disclosed to the Grand Lodge of Ohio pursuant to Code Section 9.02(a). The Individual Defendants nevertheless willfully failed to disclose this fact to the Grand Lodge of Ohio.
73. The Grand Lodge of Ohio has been damaged as a result of the fraudulent concealment of the transfer of its assets. A Subordinate Lodge has been deprived of substantially all of its assets, thereby affecting the Grand Lodge’s ability to further the interests of the fraternal brotherhood at large.
74. The conduct of the Individual Defendants in fraudulently concealing their transfer of Halcyon Lodge assets to Halcyon Charities from the Grand Lodge of Ohio was intentionally injurious, and done with such reckless disregard for the Grand Lodge of Ohio’s rights that it amounts to malicious, deliberate, gross, and wanton conduct, entitling the Grand Lodge of Ohio to a recovery of punitive damages.
Count Six
Civil Conspiracy (Halcyon Masonic Lodge #498)
75. Plaintiffs restate and incorporate all allegations contained in the preceding paragraphs as though fully written herein.
76. The Individual Defendants maliciously combined to engage in a course of conduct designed to injure the Halcyon Lodge under the schemes described above, in a way not competent for one alone, resulting in actual damages to the Halcyon Lodge.
77. The conduct of the Individual Defendants in conspiring to commit these unlawful acts was intentionally injurious, and done with such reckless disregard for the Halcyon Lodge’s rights that it amounts to malicious, deliberate, gross, and wanton conduct, entitling the Halcyon Lodge to a recovery of punitive damages. Count SevenCivil Conspiracy (Grand Lodge of Ohio)
78. Plaintiffs restate and incorporate all allegations contained in the preceding paragraphs as though fully written herein.
79. The Individual Defendants maliciously combined to engage in a course of conduct designed to injure the Grand Lodge of Ohio under the schemes described above, in a way not competent for one alone, resulting in actual damages to the Grand Lodge of Ohio.
80. The conduct of the Individual Defendants in conspiring to commit these unlawful acts was intentionally injurious, and done with such reckless disregard for the Grand Lodge of Ohio’s rights that it amounts to malicious, deliberate, gross and wanton conduct, entitling the Grand Lodge of Ohio to a recovery of punitive damages.
Count Eight
Unjust Enrichment (Halcyon Masonic Lodge #498)
81. Plaintiffs restate and incorporate all allegations contained in the preceding paragraphs as though fully written herein.
82. The Halcyon conferred a benefit upon Defendants M, W, and K by allowing them to join the Lodge, thereby giving them access to the Lodge’s substantial financial assets.
83. Defendants M, W, and K knew that the Halcyon Lodge had conferred a benefit upon them in accepting their petitions to join the fraternal organization, and in giving them access to these financial assets and properties.
84. Defendants M, W, and K now have control over the substantial financial assets of the Halcyon Lodge, via their positions as officers and directors of Halcyon Charities.
85. It would be unjust to allow these Defendants to retain their control of financial assets which rightfully belong to the Halcyon Lodge without payment.
Prayer For Relief
Wherefore, Plaintiffs seek the following relief:
A. The return of the Plaintiff’s property;
B. Compensatory damages in an amount in excess of $25,000.00;
C. Punitive damages;
D. Plaintiff’s reasonable attorney fees and costs in pursuing this action;E. Any other relief as this Court may deem just and proper.
Dated January 28, 2008
Respectfully submitted,(names and address of attorneys for the Plaintiff)
Jury Demand
Plaintiffs hereby demand trial by jury on all issues pursuant to Civ. R. 38.
Respectfully submitted, (names and address of attorneys for the Plaintiff)
Labels:
Freemasonry,
Grand Orient of the United States,
Halcyon,
lies,
truth
Truth and Consequences
Happy Anniversary?
The one-year anniversary of the Halcyon dispute is approaching, and I’d like to take a minute to review what we’ve learned thus far during this year.
Not a whole lot.
The antagonists have been vocal; offering only abusive, irrational, illogical and incoherent babble in every statement made pertaining to the allegations of their former Grand Lodge, repeatedly obfuscating their own individual roles in the allegations. Furthermore, the antagonists have been accused of conduct unbecoming, due mainly in part to verbal volleys as well as resorting to obvious straw men, once they have been banned from further discussion on many boards and e-lists.
The protagonists, while sincerely attempting to research Light in the matter, have been verbally attacked. Unwarranted abuse has been heaped on some well-known and respected members of the online Masonic community, all for the asking of the simple question, “What really happened to make you choose this action?”
The Fraternity is known for its instruction to every supplicant to seek further light. The blemish this infighting and verbal abuse has caused the Craft has been more than ugly, it has been something that anyone seeking the Craft has seen and found troubling, to say the least.
While there remains no official position from the Grand Lodge of Ohio on the matter, there does exist a document that is available through the auspices of the Freedom of Information Act, and can be located by number online. While the actual document is not available to read online, you can, with a little know-how, obtain a copy from the courts. I am in the process of transcribing the said charges, and will be posting them online in another day or so.
The one-year anniversary of the Halcyon dispute is approaching, and I’d like to take a minute to review what we’ve learned thus far during this year.
Not a whole lot.
The antagonists have been vocal; offering only abusive, irrational, illogical and incoherent babble in every statement made pertaining to the allegations of their former Grand Lodge, repeatedly obfuscating their own individual roles in the allegations. Furthermore, the antagonists have been accused of conduct unbecoming, due mainly in part to verbal volleys as well as resorting to obvious straw men, once they have been banned from further discussion on many boards and e-lists.
The protagonists, while sincerely attempting to research Light in the matter, have been verbally attacked. Unwarranted abuse has been heaped on some well-known and respected members of the online Masonic community, all for the asking of the simple question, “What really happened to make you choose this action?”
The Fraternity is known for its instruction to every supplicant to seek further light. The blemish this infighting and verbal abuse has caused the Craft has been more than ugly, it has been something that anyone seeking the Craft has seen and found troubling, to say the least.
While there remains no official position from the Grand Lodge of Ohio on the matter, there does exist a document that is available through the auspices of the Freedom of Information Act, and can be located by number online. While the actual document is not available to read online, you can, with a little know-how, obtain a copy from the courts. I am in the process of transcribing the said charges, and will be posting them online in another day or so.
Subscribe to:
Posts (Atom)