I learned some interesting things about GK in this legal document. I hadn’t realized that he had purchased this property in 2002 with the intention of turning it into a resort. This passage from an appeal in 2013 of an earlier ruling regarding his contract with Kino Springs Golf and Ranch explains his background and intent. He had owned and operated an elite eco-resort in Montana during the 1980’s and 90’s and intended to do the same sort of thing with this property in AZ. The home he and his wife lived in was basically a model home, similar to five “lodge homes” that would be built and sold. The resort would offer horseback riding, hiking and astronomy. In the appeal, a new trial was granted, and I haven’t found any information on how that turned out. But obviously, the resort never happened, and the property is currently for sale. He has attempted to sell the property since at least 2018 at fluctuating prices, as high as $2,700,000. The current asking price is $1,750,000.
I can only imagine how frustrating it has been never to have achieved his goal of building this resort and gaining a substantial income from it. Here he is, stuck living in a desolate area at his age, “overrun” with illegal immigrants, “land rich and cash poor” as he put it. Does he blame them for his inability to sell the property? Who knows? But it certainly seems possible IMO. The book he wrote would indicate that it did. But FWIW this is all just conjecture until or if there is a trial. JMO I still think that there was no justification for shooting anyone in the back, but I think his mindset will be a big factor in whether he is acquitted. There is obviously a lot of sympathy for him in those parts.
A judge has ruled that an Arizona rancher accused of shooting at a group of migrants on his property and killing a man will face trial on second-degree murder and aggravated assault charges.
apnews.com
Link to real estate listing…
Vermilion Mountain Ranch. View this land for sale with 169 acres by Nogales in Santa Cruz County, Arizona 85621. Contact Robert Mills of First United Realty to learn more about this land. LANDFLIP #135503
www.landflip.com
Read Kelly v. Kino Springs Golf, L.L.C., 2 CA-CV 2012-0072, see flags on bad law, and search Casetext’s comprehensive legal database
casetext.com
¶3 After establishing and running an "eco resort" in Montana for over a decade, the Kellys moved to Arizona in search of other development opportunities. In 2002, they acquired nearly 170 acres of land in Santa Cruz County through a land swap agreement with Kino, which was an adjacent landowner. The agreement required Kino "to reasonably cooperate with" the Kellys "in obtaining any appropriate zoning, abandonment, amendments to CC&Rs and replatting" for the Kellys' new planned resort. The agreement also called for Kino to "expeditiously" supply the Kellys' property with an electrical power line. The evidence suggested, however, that Kino failed to cooperate in reconfiguring the Kellys' land, and Kino did not provide a power line to the property until 2008.
¶4 The Kellys filed a complaint that year for breach of contract seeking, inter alia, consequential damages in the form of expenses and lost profits. The Kellys' development plans had included building and operating a resort called Vermilion Mountain Ranch, as well as constructing and selling five "lodge homes" on their property. They built one of these lodge homes in 2008, after power became available. Alan Kelly and a general contractor who served as a consultant on the project, Hector Ruvalcaba, testified it cost approximately $400,000 to construct the lodge home, which was consistent with Alan's ledger of expenses admitted as an exhibit. A real estate broker, Lois Cooper, testified that the value of the lodge homes in 2005 would have been $660,000 each. Alan thus testified the lost profits from the five lodge homes were at least $750,000.
¶5 In addition to seeking lost profits from these sales, the Kellys sought to recover their actual expenses incurred in developing the lodge home and in making other improvements that would not have been made unless the new resort could have been built as planned. According to Alan's testimony, these costs totaled $90,000, and they included the costs for water lines, a water well, a barn, corrals, and fencing.
¶6 With respect to the resort, Alan provided much of the testimony related to its lost profits based on his own expertise and past experiences. For nearly fifteen years, during the 1980s and 1990s, the Kellys had owned and operated a luxury resort in Montana called Eagle's Nest Lodge. Before starting this business, Alan had received a bachelor's degree in biology and had worked as a fishery biologist and project leader with the United States Fish and Wildlife Service. The Montana resort he operated with Wanda catered to an "exclusive clientele" and offered its guests the chance to fish along the Bighorn River, which Alan described as "the number one trout stream in the world." The resort also provided guests with opportunities to see the natural habitat, tribal lands, and wildlife in the area.
¶7 For twelve years during this same period of time, Alan also served in a partnership with a company known as Orvis. In this capacity, he evaluated the accommodations, activities, and dining offered by other luxury resorts in various states and countries for the purpose of providing Orvis's endorsement. He also developed the criteria for making such evaluations.
¶8 In regard to the Arizona resort, the Kellys apparently planned on funding it themselves, and Alan estimated his initial costs to construct the resort would be $2,405,000. He testified the resort would offer its clients horseback riding, hiking, and astronomy. Given his past experiences, Alan believed his planned ranch would attract similar clients as his Montana lodge because such clients primarily desire a new experience in different surroundings, and the "high-desert country" offered a unique habitat. Alan testified that he could have charged $1,000 per night for each guest, half of which would have been profit. He planned for the resort to accommodate up to twenty-four guests and to operate five days per week for six months of the year. Assuming varying occupancy rates between twenty-five and one-hundred percent between the years 2004 and 2007, Alan thus calculated his operating profits at $3,240,000, for a total of $835,000 in net profits that were never realized from the resort.
