Tuesday, December 22, 2009

Halcyon Lodge prevails in court case brought against them by Grand Lodge of Ohio

This is post number 1,000 on The Burning Taper. What a long, strange trip it's been.

Just in time for Christmas there's a reason for the brothers of Halcyon Lodge in Cleveland, Ohio to celebrate. Earlier today the following was posted on the Clerk of Courts website for Cuyahoga County.

DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT ARE GRANTED IN PART AND DENIED IN PART. SUMMARY JUDGMENT IS GRANTED IN FULL AS TO NON-OFFICERS MICHAEL HOWARD, JOEL MICHALEK, CHRISTOPHER MICHALEK, TOME COSTE, HALCYON CHARITIES. SUMMARY JUDGMENT IS GRANTED IN PART AS TO DEFENDANT OFFICERS CHRIS SNOW, TODD WARMINGTON, LYNN ERIC CHIPPS, SCOTT KELLY. ONLY ISSUE THAT REMAINS FOR TRIAL IS RETURN OF "PERSONAL PROPERTY MASONIC IN NATURE AND UNPAID DUES." ALL OTHER CLAIMS FAIL. DEFENDANTS OWED NO FIDUCIARY DUTY TO GRAND LODGE AND DEFENDANTS ACTED IN GOOD FAITH TO PRESERVE ASSETS OF LODGE. THE COURT FINDS THAT THE VOTE TO TRANSFER ASSETS WAS DONE IN ACCORDANCE WITH BYLAWS. IN REGARDS TO NOTICE, ALL HAD NOTICE OF THE STATED (NOT SPECIAL) MEETING AND NO EVIDENCE WAS PRESENTED THAT ANYONE COMPLAINED. THE COURT ALSO DETERMINES THAT WRITTEN NOTICE OF THE ACTION WAS NOT REQUIRED BEFORE THE VOTE ACCORDING TO BYLAW 21.04, WHICH REQUIRES NOTICE ONLY FOR SPECIAL MEETINGS NOT STATED MEETINGS. FINALLY, THE COURT CONCLUDES THAT BYLAW 9.01 IS NOT APPLICABLE AS "ANY OTHER SUCH POLICY OF TEMPLE OWNERSHIP *** SUBMITTED TO TEMPLE COMMITTEE" AS THE ACTION WAS NOT FINANCING OR CREATING INDEBTEDNESS. PRE-TRIAL SET FOR 01/12/2010 AT 02:45 PM. PRETRIAL SET TO SCHEDULE ADDITONAL COURT DATES INCLUDING TRIAL DATE. CLPAL 12/22/2009 NOTICE ISSUED

According to the court's ruling, the brothers of Halcyon Lodge acted in accordance with the Masonic bylaws and in good faith.

Our congratulations to the brothers of Halcyon Lodge.

Case #CV-08-649002
Link: http://cpdocket.cp.cuyahogacounty.us/p_CV_Docket.aspx
Search on "Halcyon Lodge"

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24 comments:

  1. As stated before, I hope justice will be served. If it is served in this manner, I applaud it.

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  2. two years ago this topic spawned hundreds of comments castigating the men of Halcyon as Frauds and thieves!

    Where are they now?

    Greg Hall of the GLoCa, said we should be thrown in jail and all other kinds of nasty comments without waiting to see if we were ever proven guilty!

    well greg, why so silent?

    Justice was served, my brother, Halcyon style!

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  3. This comment has been removed by the author.

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  4. The Halcyon battle was about Masons having freedom of choice and conscience. The actions of the brothers at Halcyon Lodge defended the rights of all Masons everywhere. Halcyon put the "Free" back into American Masonry.

    Freedom, however, brings with it more personal responsibilities. Free men and Masons are the masters of their own destinies. What we choose to do with our new found freedom is even more important than the fight for it.

    Today can be the beginning of a brighter and better future for all American Masons. The first step towards that future is reconciliation and the restoration of brotherhood. In the heat of the battle many harsh things were said by brothers on both sides.

    Several years after the end of the American Civil War many veterans from both sides met at the Gettysburg battlefield. The Union veterans stood at the top of the hill they had defended. The Confederate veterans marched up the hill and shook hands with those whom they had fought against. If soldiers who had witnessed so many of their friends being killed could do this, then as Masons we are both duty and honor bound to extend the hand of friendship and brotherly love to all sides.

    As a member of Halcyon Lodge I would like to invite all my brothers from the state Grand Lodges to come and visit. The door to our grand old Masonic temple will always be open to true brothers and Masons.

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  5. The Grand Lodge of Ohio should stop. Stop crying about this issue. Stop bothering these guys. Stop embarrassing the institution that they represent...for all of us. Anyone who read the official complaint could tell they really had no legit beef except for sour grapes. I hope this is the end of the whole issue.

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  6. The Grand Lodge of Ohio drew first blood, they drew mine and those of my Family.

    I would ask all those still in the GLoO to review that which was lost
    (page 38 in your blue code book):

    Justice
    is that standard or boundary of right which enables us to rendar to every man his just due without distinction. This virtue is not only consistent with devine and human laws, but is the very cement and support of civil society. And as justice, in a great measure, constitutes the really good man, so should it be the invariable practice of every Mason never to deviate from the minutest principle thereof.

    Human law won the day, and would not have been needed if those in the GLoO walked their own talk and remembered that passage from the first time the saw the light.

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  7. Grand Lodge Officers, what came you here to do?

    To learn to subdue our passions and improve ourselves in Masonry!


    One of our first lessons taught us, but becomes distant to thos who Travel away from the Blue Lodge while acquiring Titles to separate you from the Master Masons.

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  8. Congrats to the Brothers of Halcyon. Now take it to the next level and initate women.

    S&F,
    BC

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  9. Their Grand Master tried that and was removed. Ain't happening soon, and I don't think they should do it if they don't wish.

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  10. My main beef with Halcyon always has been that when asking an open and honest question as to their order, when I was actually intrigued to hear more, the response of something akin 'all you regulars make me sick!'

    Granted, that was one opinion. The opinions continued in that manner from 2 bowl and the current GM. 2 Bowl has insinuated that ALL Masons (presumably even Halcyon, he never clarified) were child molesters. This is a simple fact, still available on the internet at the Burning Taper site. My comments are available there as well, undeleted and unedited.

    If you wish to know why Halcyon is disliked, look at yourself 2 Bowl and yourself Jeff. When I approached you on the level you prove your 'brighter and better' side. It wasn't the boogeyman Ed King who lead me away from Halcyon-it was Halcyon members itself, including the current GM. Thanks for offering a brotherly hand when I was interested in hearing more-I say facetiously. You could have had an ally, even a friend and brother. That is, if you would have acted on the level. I will never forget that 'you make me sick' comment when I didn't even know what the hell was going on. I could have ignored that if such treatment didn't continue, to this day. I can't accept your invite, Howard.We met as brothers for a brief moment, yet when you didn't know who I was you attacked. You had the chance to treat me as a brother, but you wanted to fight. I didn't, and I'm done.

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  11. What can I say: "There are always casualties in War?"

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  12. Not even a scratch. Che was the loser casualty, and killed by those he thought he could trust. Watch your back.

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  13. My Name is Still Nobody,

    I think I speak for everyone when I say that we did everything possible to avoid conflict with the GLofO, but they refused to even meet with us and discuss the issues that faced our lodge. It is doubtful that we would have surrendered our Charter if they had tried to work with us in the best interest of saving our lodge and temple. Unfortunately, we were left with no choice.

    There is no doubt that feelings have been hurt on both sides of the isle. Tempers and passions are seldom controlled in such situations. Today, however, is a new day with limitless opportunities to heal the old wounds of the past, and cement a new stronger brotherhood.

    Halcyon offers the hand of friendship and brotherhood to all who wish to meet upon the Level and part on the Square of virtue. We also humbly seek the forgiveness of those whom we have offended.

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  14. You always seem to think you speak for everyone. You tried everything possible? Really? We can read that 'attempt' from the earlier postings here and elsewhere. It doesn't seem feasible. You had your chance with me. '2let Boyl' obviously has no regrets, and I have no regrets either. You've shown your character.

    You don't get to take back what was said and now you have to live with your words. Your bs double-speak is worthless. It's probably why you lost Euclid Lodge (a great lodge, btw) from the GO. I was informed from a prominent member at Euclid that the 'GO has lost it's way.' Not to mention the previous GM from the GO was removed for double-dealing. Not a great record for your short lifespan.

    Yes, there were hurt feelings on every side. If you say you're better, you've got to show it. Thus far, you have failed. Miserably. There is no visible 'great white hope' in your operation. The members will see it, as they have in the past. I am not resistant to recognition with the GOdF. The GOUSA I will always resist.

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  15. "It is doubtful that we would have surrendered our Charter if they had tried to work with us in the best interest of saving our lodge and temple."

    So, are you saying you WERE a member at the time they turned in their charter? That would be in CLEAR violation of the GL's rules, I'm certain of that.

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  16. Hate and bitterness lead only to more of the same. Life is too short to be dominated by either.

    I wish you the best in your travels.

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  17. I suggest you take your own advice on hatred and bitterness. You and 2 Bowl have been saying 'we welcome you' and turning around and saying 'go to hell' since before Halcyon split in the first place. I'm just not gonna get suckered in again with sweet nothings.

    We're brothers, the three of us, and brothers sometimes disagree. 2Bowl thinks there was a 'War', an idea I smile at with amusement. No hatred or bitterness here, just a distrust from being shown no reason to trust. You CAN change my mind. You did it when leaning towards agreement with you. I too wish you the best on your travels-whatever the 'best' may be.

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  18. Not living anywhere near Ohio and passing African American members in our locality, and with the resistance of GOUSA to provide useful information, I still do not understand all the veggies in this soup.

    I still would like to know if you joined Halcyon BEFORE the split, BTW. This is incredibly important to know, and I'll trust your cable-tow extends to an honest answer.

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  19. It ain't over until it's over - there are always appeals. All sides would do well to take a deep breath and step back. Those who wish to gloat over their "victory" would do well to remember: pride cometh before a fall.

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  20. PRIDE?

    Being relieved from a suit as an individual initially, is reason for excitement.

    Having your Brothers and Charity removed as well is another reason for excitement.

    Having a neutral court of Law rule in your favor initially, which was exactly what we had saying all along, is reason for excitement.

    Many young men were being individually sues by the Grand Lodge for about two years, and seeing ones name dropped from the case and a ruling in our favor is very good reason for excitement.

    If the Grand Lodge wants to continue with appeals, and the wasting of un-budgeted moneys that could better be used to help distressed worthy masons and their widows, that is their choice.

    Our Pride comes from knowing we had done nothing wrong, followed rules and saved an Historical edifice from destruction at the hands of the Grand Lodge. Of course there are good feelings about our accomplishments.


    Until the appeal process starts, HOOOOORAH Halcyon!

    Just because your an old institution does not mean you are infallible.

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  21. my name is still nobody:"I still would like to know if you joined Halcyon BEFORE the split, BTW. This is incredibly important to know, and I'll trust your cable-tow extends to an honest answer."

    we had asked our DDGM to look into Bro Peace's wrongful removal from freemasonry in Ga. We felt Bro Peace was wronged and as masons it is our duty to look into it. We discussed making him an Honorary member as well. Bro Peace was a member of Halcyon in Spirit before the split. we considered him a brother and were not concerned about territories or jurisdictions.

    Does this help satisfy your curiosity?

    Brother Peace found kindred spirits in the men of Halcyon and always considered himself one of us, that is why he speaks as such. We never had a problem with bro peace aligning himself with us....

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  22. "AS",

    If the Grand Lodge of Ohio and Robert Cygan (The Plaintiffs) want to appeal, all fine that is their choice --makes no difference to me.

    Each of those named and the Halcyon Charities has a choice as well. I for one like the side I'm on.

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