Imagine that you have worked hard and invested every dime you had back into the tiny business you started. You are 17 years old and you got a GED so that you could get out of high school early and help support your mother and six siblings after your parents' divorce.
And your efforts paid off. With an old pickup truck and a loan for a wood splitter (co-signed by an anonymous benefactor in Big Bear), you started your first business and it was growing. You worked early every morning and late every evening. You might take a few hours on a weekend for some fun then you were back at work. You work like this for years. Nine years later you are 26 years old and your business is thriving.
It's an American success story. They don't happen every day, but occasionally they do. A young Hispanic man who's mother needed food stamps to feed the family when they lost everything in a divorce, makes good. In fact, he defies the odds and builds a multimillion dollar business that supports and protects the town of Big Bear Lake.
But here's the thing. Not everyone is happy for your success. It's an old theme with many stories. And here is the current reality: A.J. Acosta Company is the target for a business equipment and land grab from the County of San Bernardino. And they've been after him for years, changing rules and then selectively enforcing them, specifically targeting A.J. Acosta company.
The next court date is this Friday, Feb 21st with Judge Cohen in San Bernardino. At stake is the scheduled March 1st auction of most ALL of A.J. Acosta's business equipment and the loss of his business real estate. Judge Cohen's order stands to destroy the A.J. Acosta Company business. This is NOT the American way!!!
Here are some facts and some questions.
1. Andy Acosta bought his 1000 North Shore Drive property in 1989 with the urging of the County planner. It's the largest piece of IC1 piece of industrial zoned property in the Big Bear Valley.
2. A.J. Acosta Company was in full swing and growing when the San Bernardino County changed the zoning rules in 1993.
3. Why did Andy Acosta's property end up on the county map for growth and rezoning when he had already been in business for 4 years and was the ONLY business then in compliance with the County zoning?
4. Why isn't anyone else who owns property with the same use as A.J. Acosta company in Big Bear also not being targeted by the County of San Bernardino?
5. Why is the County of San Bernardino insisting that Andy Acosta have a Conditional Use Permit (CUP) for his business when no other similar business is IC1 zoned?
6. Why is the County of San Bernardino insisting that his construction business property be returned to it's "natural state"? No one can do that AND remain in business.
County of San Bernardino couldn't justify eminent domain, so they instead have been selectively enforcing codes that are crushing this small town business and destroying an American success story.
Read the Chronology page for more details.
The San Bernardino County bureaucracy using the State of California’s judicial system is railroading Joaquin Andres (Andy) Acosta and stealing his land, forcing his business into bankruptcy. Andy Acosta is a conservative Hispanic working man and business owner under siege by big government. This is costing California taxpayers millions in wasteful government spending and is also a tragic loss to the community of Big Bear Lake and an attack on this American citizen's civil rights.
Monday, February 17, 2014
Friday, February 7, 2014
Report of Feb. 6th San Bernardino County Court Hearing
San Bernardino Superior Court Judge David Cohn directed that a hearing be executed on Thursday morning (Feb. 6, 2014) to investigate if he (Judge Cohn) had the legal right to have the Receiver (Eric Beatty) auction off Mr. Acosta's equipment.
Prior to the hearing, Andy Acosta's legal team prepared a ~25 page motion outlining the legal and ethical facts, circumstances and conditions justifying why Judge Cohn's actions were inappropriate. The Receiver had prepared a 133 page document in support of the directive but failed to give proper legal notice to opposing counsel for review and comment.
Judge Cohn astounded the court in supporting the Receiver's motion, rendering a decision that directed Mr. Acosta to move the Receiver identified equipment back into the North Shore yard for auction, effectively putting the A.J. Acosta Company out of business and impacting all his employees.
As Acosta Counsel Bob Ziprick discussed his arguments from his document, it became clear that Judge Cohn had no idea of what Bob Ziprick was referring to. Judge Cohn made the statement that he was ready to make his ruling.
Bob Ziprick made another reference to his motion and finally it became clear that Judge Cohn had not even read the document. Judge Cohn searched his desk and finding the document, took ~10 minutes to read it from his bench
Judge Cohn asked some further questions and then made his ruling in favor of the Receiver.
The major issues included:
Prior to the hearing, Andy Acosta's legal team prepared a ~25 page motion outlining the legal and ethical facts, circumstances and conditions justifying why Judge Cohn's actions were inappropriate. The Receiver had prepared a 133 page document in support of the directive but failed to give proper legal notice to opposing counsel for review and comment.
Judge Cohn astounded the court in supporting the Receiver's motion, rendering a decision that directed Mr. Acosta to move the Receiver identified equipment back into the North Shore yard for auction, effectively putting the A.J. Acosta Company out of business and impacting all his employees.
As Acosta Counsel Bob Ziprick discussed his arguments from his document, it became clear that Judge Cohn had no idea of what Bob Ziprick was referring to. Judge Cohn made the statement that he was ready to make his ruling.
Bob Ziprick made another reference to his motion and finally it became clear that Judge Cohn had not even read the document. Judge Cohn searched his desk and finding the document, took ~10 minutes to read it from his bench
Judge Cohn asked some further questions and then made his ruling in favor of the Receiver.
The major issues included:
- Receiver currently holds a $25K bond, which Ziprick asked to be increased to $3,000,000 to cover the estimated value of the equipment. In addition, the Receiver has already overspent a court-directed $5,000 cap at Receiver expenses - Judge David Cohn rejected these concerns. This means that if it is legally determined in the future that Judge Cohn's ruling for liquidation was a mistake, Andy Acosta would only receive $25,000. for the many millions of dollars it would take to replace his equipment.
- Receiver requested that all heavy equipment from the Big Bear Blvd office (NOT limited to the North Shore property) be under his control to liquidate. Cohn stated that he did not have the right to order this.
- The validated inability of A.J. Acosta Company to find a property to store his equipment currently at the north shore yard. This involved finding a property that was zoned correctly to hold equipment and with large enough acreage. This situation was remedied as a prominent Big Bear Lake resident offered a temporary solution to Andy Acosta. This was ignored by the Court.
- Statements that Acosta has been removing material and was close to the County accepted grade; Cohn rejected the request for time to remove the remaining material.
- Insufficient review and comment time to account for the Receiver's 133 page motion - Cohn rejected this concern.
Wednesday, February 5, 2014
Native American Descendant's Property Grabbed by Government
Private property owned for 23 years seized after County of San Bernardino bureaucrats manipulate
conditional use permit; 10 working-class minority families lose livelihood
BIG BEAR LAKE, Calif. -- Big Bear Lake, CA—February 5, 2014— Embattled business owner, Joaquín
Andrés (Andy) Acosta, owner of A.J. Acosta Company Inc., is being forced to lay off 10 longtime minority employees in the small mountain community of Big Bear Lake, CA, as a result of the County of
San Bernardino’s order approving the seizure of heavy equipment, trucks and tools from business property
owned over 23 years, while neighboring properties are left alone running similar businesses.
Acosta (who is 12% Native American) said, “I can really relate more to what my ancestors went through. I’ve had this property for 23 years. County bureaucrats singled me out, changing zoning usage after I bought the land. I just turned 50 and I’m seeing my legacy taken away. It feels like I don’t live in a free country if a guy who works in a government office can change the rules on a whim and wipe out the business I built that feeds my family, my workers and their families. I don’t know how to fight this anymore. I’m out of money, and I’m out of time.”
Andy Acosta is not a criminal; he’s an ordinary small business owner, life-long resident of Big Bear Lake and a family man who has owned this property since 1989. Yet, the tools and equipment he needs to continue employing workers and to serve his community were seized recently by the San Bernardino County government to be auctioned off this March. And the land he bought that was zoned properly for the type of business he has been running is supposed to be returned to its natural state.
Acosta’s next door competitor has a son who just happens to be the local Fire Chief, who receives a paycheck from the County of San Bernardino. Additionally, one of the business owners of the same neighboring property works at the Community Services District, a branch of the County funded by taxpayers. As far as Acosta knows, his neighbors are not receiving equal treatment.
“Somehow the County came up with the idea that the property on either side of me could remain ‘as is’ but mine would have to be returned to its natural state,” said Acosta. “Did they play Eeny, meeny, miny, moe that day or was it just a case of ‘let’s kick out the brown guys?’ It never made sense. It seems personal.”
Acosta was a young family man with twin boys and a successful construction company when he purchased his North Shore Drive property 23 years ago with the encouragement of County officials. Then, after three years in business on the property, San Bernardino County changed policies and bureaucratic officials insisted that to stay in business, Acosta had to file for a Conditional Use Permit paying several thousand dollars. That fee quickly escalated when the County bureaucracy decided it was only a deposit for additional to-be-determined fees. Eventually, the County bureaucrats decided the permit fees would be close to $100,000. This is years after Acosta bought the property.
Acosta decided to fight the County bureaucrats’ runaway money and power grab. That began years of conflicting requirements between different government agencies and utilities, revoked permits, escalating fines and expensive litigation.
Acosta is pro-business and civic minded. He has donated many free cords of wood to community fundraisers and civic groups over the years and actively participated in the safety and welfare of Big Bear Lake, California.
Acosta (who is 12% Native American) said, “I can really relate more to what my ancestors went through. I’ve had this property for 23 years. County bureaucrats singled me out, changing zoning usage after I bought the land. I just turned 50 and I’m seeing my legacy taken away. It feels like I don’t live in a free country if a guy who works in a government office can change the rules on a whim and wipe out the business I built that feeds my family, my workers and their families. I don’t know how to fight this anymore. I’m out of money, and I’m out of time.”
Andy Acosta is not a criminal; he’s an ordinary small business owner, life-long resident of Big Bear Lake and a family man who has owned this property since 1989. Yet, the tools and equipment he needs to continue employing workers and to serve his community were seized recently by the San Bernardino County government to be auctioned off this March. And the land he bought that was zoned properly for the type of business he has been running is supposed to be returned to its natural state.
Acosta’s next door competitor has a son who just happens to be the local Fire Chief, who receives a paycheck from the County of San Bernardino. Additionally, one of the business owners of the same neighboring property works at the Community Services District, a branch of the County funded by taxpayers. As far as Acosta knows, his neighbors are not receiving equal treatment.
“Somehow the County came up with the idea that the property on either side of me could remain ‘as is’ but mine would have to be returned to its natural state,” said Acosta. “Did they play Eeny, meeny, miny, moe that day or was it just a case of ‘let’s kick out the brown guys?’ It never made sense. It seems personal.”
Acosta was a young family man with twin boys and a successful construction company when he purchased his North Shore Drive property 23 years ago with the encouragement of County officials. Then, after three years in business on the property, San Bernardino County changed policies and bureaucratic officials insisted that to stay in business, Acosta had to file for a Conditional Use Permit paying several thousand dollars. That fee quickly escalated when the County bureaucracy decided it was only a deposit for additional to-be-determined fees. Eventually, the County bureaucrats decided the permit fees would be close to $100,000. This is years after Acosta bought the property.
Acosta decided to fight the County bureaucrats’ runaway money and power grab. That began years of conflicting requirements between different government agencies and utilities, revoked permits, escalating fines and expensive litigation.
Acosta is pro-business and civic minded. He has donated many free cords of wood to community fundraisers and civic groups over the years and actively participated in the safety and welfare of Big Bear Lake, California.
Over the past two decades, Acosta and his crew have fought area wildfires and cleared avalanches when the existing government workers were overwhelmed. Despite being besieged by a vindictive County bureaucracy for over a decade, Acosta has managed to stay in business for over twenty years, surviving this terrible economic downturn.
Nonetheless, the County of San Bernardino is now insisting that Acosta vacate his North Shore Drive property and “rehabilitate” that property to its natural state, a court order that is impossible to comply with and still remain in business.
The County of San Bernardino’s court order and the County of San Bernardino’s government’s selective actions contribute to an increasingly negative business climate in the State of California. The County of San Bernardino’s demand that Acosta remove any trace of his construction business and restore the property to its original vacant lot condition is a strike at the heart of small business, working-class families, minority rights, and American industry. The cost of compliance has been quoted between $9 million to $30 million dollars, an amount far above the value of the property. And that does not include the loss of Acosta’s life-long business.
The San Bernardino County bureaucracy using the State of California’s judicial system is railroading Acosta. This is costing California taxpayers millions in wasteful government spending and is also a tragic community loss to the residents and visitors of Big Bear Lake.
A. J. Acosta Company Inc. are seasoned timber and heavy equipment experts with more than 30 years of timber and forestry management experience in the residential, commercial, and government sectors.
For story updates, visit Andy's blog: http://ajacostacompany.blogspot.com/ Tags:
Big Bear Lake, #govt #nativeamerican #teaparty #landgrabs #landrights #dems #minority ,San Bernardino County, AJ Acosta, #chicano #latino #hispanic #smallbusiness #GOP #conservative #bad government #immigration #property
The County of San Bernardino’s court order and the County of San Bernardino’s government’s selective actions contribute to an increasingly negative business climate in the State of California. The County of San Bernardino’s demand that Acosta remove any trace of his construction business and restore the property to its original vacant lot condition is a strike at the heart of small business, working-class families, minority rights, and American industry. The cost of compliance has been quoted between $9 million to $30 million dollars, an amount far above the value of the property. And that does not include the loss of Acosta’s life-long business.
The San Bernardino County bureaucracy using the State of California’s judicial system is railroading Acosta. This is costing California taxpayers millions in wasteful government spending and is also a tragic community loss to the residents and visitors of Big Bear Lake.
A. J. Acosta Company Inc. are seasoned timber and heavy equipment experts with more than 30 years of timber and forestry management experience in the residential, commercial, and government sectors.
For story updates, visit Andy's blog: http://ajacostacompany.blogspot.com/ Tags:
Big Bear Lake, #govt #nativeamerican #teaparty #landgrabs #landrights #dems #minority ,San Bernardino County, AJ Acosta, #chicano #latino #hispanic #smallbusiness #GOP #conservative #bad government #immigration #property
KBHR Interview with Rick Herrick and Andy Acosta of AJ Acosta Company Feb. 5, 2014
 |
| Andy Acosta of A.J. Acosta Company (L) being interviewed by Rick Herrick (R) of Big Bear Lake, CA radio station KBHR, Feb 5, 2014 |
Andy Acosta (Joaquin Andres Acosta) interviewed by Rick Herrick of KBHR, Big Bear Lake, California, regarding his 1000 North Shore Drive address, the ONLY zoned Industrial Commercial property in the Big Bear Valley a talk with Andy about what is going on regarding San Bernardino County's efforts to seize millions of dollars of Acosta's business equipment and sell it at auction March 1, 2014.
Clicking on the link will download MP3 recording
Tuesday, February 4, 2014
Native American Descendant's Property Grabbed by Government
Business property owned for 23 years seized after County bureaucrats manipulate conditional use permit; 10 working-class minority families lose livelihood. Please Help!
Big Bear Lake, CA—February 3, 2014— Embattled business owner, Joaquín Andrés (Andy) Acosta, owner of AJ Acosta and Company, is being forced to lay off 10 longtime Mexican-American and immigrant employees in the small mountain community of Big Bear Lake, CA, as a result of a San Bernardino court order. The order approved the seizure of heavy equipment, trucks and tools from business property Acosta owned over 23 years, while neighboring properties are left alone running similar businesses.Acosta, who is 12% Native American, said, “I can really relate now to what my ancestors went through. I’ve had this property for more than 23 years. County bureaucrats singled me out, changing zoning usage after I bought the land. I just turned 50 and I’m seeing my legacy taken away.
It feels like I don’t live in a free country if a guy who works in a government office can change the rules on a whim and wipe out the business I built that feeds my family, my workers and their families. I don’t know how to fight this anymore. I’m out of money and I’m out of time.”
Andy Acosta is not a criminal; he’s an ordinary small business owner, life-long resident of Big Bear Lake and a family man who has owned this property since 1989. Yet, the tools he needs to continue employing workers and serving his community were seized recently by the San Bernardino County government to be auctioned off this March. And the land he bought, which was zoned properly for the type of business he has been running, is supposed to be vacated and returned to its natural state.
Acosta’s next door competitor has a son who just happens to be the local Fire Chief who receives a paycheck from the County of San Bernardino. Additionally, one of the business owners of the same neighboring property works at the Community Services District, a branch of the County funded by taxpayers. As far as Acosta knows, his neighbors are not receiving equal treatment.
“Somehow the County came up with the idea that the property on either side of me could remain ‘as is’ but mine would have to be returned to its natural state,” said Acosta. “Did they play Eeny, meeny, miny, moe that day or was it just a case of ‘let’s kick out the brown guys’? It never made sense. It seems personal.”
Acosta was a young family man with twin boys and a successful construction company when he purchased his North Shore Drive property in 1989 with the encouragement of county officials. Then, after three years in business on the property, San Bernardino County changed policies and bureaucratic officials insisted that to stay in business, Acosta had to file for a Conditional Use Permit paying several thousand dollars. That fee quickly escalated when the County bureaucracy decided it was only a deposit for additional to-be-determined fees. Eventually the County bureaucrats decided the permit fees would be close to $100,000. This is years after Acosta bought the property.
Acosta decided to fight the County bureaucrats’ runaway money and power grab. That began years of conflicting requirements between different government agencies and utilities, revoked permits, escalating fines and expensive litigation.
Acosta is pro-business and civic minded. He has donated many free cords of wood to community fundraisers and civic groups over the years and actively participated in the safety and welfare of Big Bear Lake and City. Over the past two decades, Acosta and his crew have fought area wildfires and cleared avalanches when the existing government workers were overwhelmed.
Despite being besieged by a vindictive County bureaucracy for over a decade, Acosta has managed to stay in business for over twenty years, surviving this terrible economic downturn. During this time, Acosta has kept as many of his employees working as financially possible.
Nonetheless, the County of San Bernardino is now insisting that Acosta vacate his North Shore Drive property and “rehabilitate” that property to its natural state, a court order that is impossible to comply with and still remain in business.
San Bernardino County government’s hostile actions violate Acosta’s Constitutional rights as well as contribute to an increasingly negative business climate in the State of California. Their demand that Acosta remove any trace of his construction business and restore the property to its original vacant lot condition is a strike at the heart of small business, working-class family, minority rights, and American industry. The cost of compliance has been quoted between nine to thirty million dollars, an amount far above the value of the property. And that does not include the loss of Acosta’s life-long business.
The San Bernardino County bureaucracy using the State of California’s judicial system is railroading Acosta. This is costing California taxpayers millions in wasteful government spending and is a tragic loss to the residents and visitors of Big Bear Lake.
A. J. Acosta Company are seasoned timber and heavy equipment experts with more than 30 years of timber and forestry management experience in the residential, commercial, and government sectors.
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Big Bear Lake, #govt #nativeamerican #teaparty #landgrabs #landrights #dems #minority #county #sanbernardino #chicano #Latino #Hispanic
Letter from Andy Acosta
Hello all,
I really need your help. My attorney bills are mounting and the County's actions have made it impossible for me to continue working. Please write letters to help or call. Here's a link to James Ramo's contact info.
The judge is totally misinformed from the County lawyers and has disregarded the law. Your support needs to be done before 2-6-14 . The judge is going to hear responses on 2-6-14 My lawyer needs time to prepare the response. This is my last chance to save the livelihood of my crew, their families, and mine.
Thank you and God Bless,
Andy Acosta
I really need your help. My attorney bills are mounting and the County's actions have made it impossible for me to continue working. Please write letters to help or call. Here's a link to James Ramo's contact info.
The judge is totally misinformed from the County lawyers and has disregarded the law. Your support needs to be done before 2-6-14 . The judge is going to hear responses on 2-6-14 My lawyer needs time to prepare the response. This is my last chance to save the livelihood of my crew, their families, and mine.
Thank you and God Bless,
Andy Acosta
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