text:
Prosecuting Attorney's Office
The Gooding County Prosecuting Attorney is an elected official and has jurisdiction over all actions, applications or motions in the District and Magistrate Courts in which the People, the State or the County are a party or have an interest. The Prosecuting Attorney also serves as the legal advisor and prosecutor for all law enforcement agencies.
The Prosecuting Attorney prosecutes all felony cases, all misdemeanor cases which are not prosecuted by a city attorney, and juvenile cases. The Prosecuting Attorney also handles other matters including child protection actions, mental health proceedings, and the Grand Jury, and provides services for crime victims.
The Idaho Code specifies that the Prosecuting Attorney be an attorney and counselor at law and be duly licensed to practice in the State district courts at the time of assuming office.
Prosecutor's Philosophy
Once a criminal defendant has either pled or been found guilty, we have two duties to perform. One is to protect society from lawbreakers. Second is to help the lawbreaker stop being a lawbreaker. Both duties compliment each other. The first means we might ask for incarceration and the latter means we seek treatment programs.
Our job is not to convict defendants. Our job is to seek justice. I never "win" a criminal conviction case. The defendant simply loses.
Our office is conducted as if we were in a glass jar. We have no secrets. We have nothing to hide. We will always try to answer any questions whatsoever in an open, honest, forthright and courteous manner. If we do not, please let us know so we can strive to do better.
The responsibilities of the Prosecuting Attorney are set out in the Idaho Code and include the following:
- To prosecute or defend all actions, applications or motions, civil or criminal, in the district court of his or her county in which the People, the State, or the County are interested or are a party.
- To prosecute all felony criminal actions, irrespective of whom the arresting officer is; to prosecute all misdemeanor or infraction actions for violation of all state laws or county ordinances when the arresting or charging officer is a state or county employee; to conduct preliminary criminal examinations which may be had before magistrates; to prosecute or defend all civil actions in which the county or state is interested; and when a written contract to do so exists between the Prosecuting Attorney and a city, to prosecute violations for state misdemeanors and infractions and violations of county or city ordinances committed within the municipal limits of that city when the arresting or charging officer is a city employee.
- To give advice to the Board of County Commissioners, and other public officers of the county, when requested in all public matters arising in the conduct of the public business entrusted to the care of such officers.
- To attend, when requested by any grand jury for the purpose of examining witnesses before them; to draw bills of indictments, information and accusations; to issue subpoenas and other process requiring the attendance of witnesses.
- To perform all other duties required of him or her by law.
Victim's Rights
When a victim of a crime has suffered a loss, we attempt, when possible, to obtain an order for restitution. Restitution is reimbursement, paid by the defendant, for out-of-pocket expenses.
Under Idaho law, the victim is entitled to an order of restitution unless it is deemed undesirable or inappropriate by the Judge, in which case an order stating the reason for the denial is issued.
Restitution is usually made in monthly payments that are based on the defendant's ability to pay. The defendant is ordered to send payments to the Gooding County Clerk who will, in turn, issue a check and forward the payment to the victim.
Should the defendant be sent to the penitentiary, the Parole Board will decide if restitution is appropriate upon the defendant's release.
Idaho Crime Victims Compensation Program
The Idaho Crime Victims Compensation Program was established in 1986 to provide financial assistance to crime victims who are injured as the result of criminally injurious conduct.
A claim for benefits under the Crime Victims Compensation Act may be filed by a victim, the spouse or children of a deceased victim, or other authorized persons, such as a parent or guardian of a victim who is a minor.
Juvenile Restorative Justice Practices Brochure (click to view):
Other Links of Interest
Idaho Council on Domestic Violence and Victim Assistance


text:
UNTIL Friday night, radio host Michael Christian had been bragging about the notoriety he and his co-host Mel Greig had garnered for their royal prank.
''The only bad thing about our Royal Prank and [sic] is knowing that I will NEVER EVER top this,'' he told his Facebook friends.
''Less than a week in the job & I've already peaked.''
Christian had just begun his 2DayFM career, following a rise through the ranks of smaller radio stations.
He was no stranger to controversy. Just a fortnight ago he made global headlines as the man responsible for causing a near mutiny aboard pop star Rihanna's private jet with his incessant harmonica playing.
With 200 journalists from around the world on board for Rihanna's seven countries in seven days promotional plane ride, Christian and his harmonica made international headlines after his interminable playing drove fellow passengers to despair.
Website Gawker reported: ''Some Australian guy on the plane was playing a harmonica, which is internationally recognised as grounds for justified homicide.''
Christian basked in the notoriety, promoting the controversy he had created and embracing the media attention by promoting it on social media.
Greig scored her 2DayFM co-host role in March, days before her 30th birthday, and declared she was ''the luckiest girl in the world''.
Greig's dream was to ''lick chocolate syrup off Usher's abs, and get amongst his sexiness'', she said about her new job.
In 2011 Greig was a contestant on The Amazing Race.
Since Jacintha Saldanha's death, both pranksters have gone to ground. They have removed their Twitter accounts and have been ordered by their employer not to answer questions.
■For help or information, call Suicide Helpline Victoria on 1300 651 251 or Lifeline on 131 114, or visit beyondblue.org.au

subset: commoncrawl


text:
Judge Somers
11-22026 Centennial Park LLC (Doc. # 101) - Document Text
- Details
- Category: Judge Somers
- Published: 15 November 2011
- Written by Judge Somers
SIGNED this 14th day of November, 2011.
For on-line use but not print publication
In re:
On October 18 and 19, 2011, the Court held an evidentiary hearing1 on valuation
of the real property securing the claim of First National Bank of Omaha (FNBO or Bank)
1 The hearing was combined with the hearing on Debtor's Objection to Claim #5 of First National
Bank of Omaha (Doc. 66). A separate memorandum opinion will be filed on that issue.
Debtor appeared by Christopher J. Redmond and John J. Cruciani of Husch Blackwell, LLP.
Creditor First National Bank of Omaha appeared by Jennifer K. Vath and Patrick Maxcy of SNR Denton
US LLP. Dr. Bradley D. Vince, a guarantor of Debtor's debt to FNBO and managing member of BP
Centennial, LLC, a 50% owner of Debtor, appeared by Paul D. Sinclair and Brendan L. McPherson of
Polsinelli Shughart PC. There were no other appearances.
Case 11-22026 Doc# 101 Filed 11/14/11 Page 1 of 22
for purposes of confirmation of Debtor's proposed Chapter 11 plan, an issue set for
hearing by the Court prior to the confirmation hearing because of its central role in the
confirmation process.2 The principal testimony was the conflicting views of two expert
appraisers. The Court finds the valuation of Bank's appraiser is more likely to be correct
than that of Debtor's appraiser and holds, for the purpose of plan confirmation, the value
of Debtor's real property is $3,570,000.
This is a single asset Chapter 11 case filed by Debtor Centennial Park, LLC
(Debtor or Centennial Park), on July 4, 2011. Debtor's principal asset is real estate
comprised of approximately 45.43 acres of development land commonly known as
Centennial Business Park (Business Park)3 and approximately 33 acres of adjacent,
unplatted agricultural land (Agricultural Land), located in Johnson County, Kansas, and
Jackson County, Missouri. The combined Business Park and the Agricultural Land are
referred to as the Real Property.
2 This Court has jurisdiction pursuant to 28 U.S.C. §§ 157(a) and 1334(a) and (b) and the
Standing Order of the United States District Court for the District of Kansas that exercised authority
conferred by § 157(a) to refer to the District's bankruptcy judges all matters under the Bankruptcy Code
and all proceedings arising under the Code or arising in or related to a case under the Code, effective July
10, 1984. The valuation of property for purposes of plan confirmation is a core proceeding which this
Court may hear and determine as provided in 28 U.S.C. § 157(b)(2)(A), (B), and (L). There is no
objection to venue or jurisdiction over the parties.
3 The Witt Appraisal (exh. S) states it contains 45.09 acres, and the CBRE Appraisal (exh. 3)
states it contains 45.43 acres. For some calculations, Witt used a total of 1,964,082 square feet and CBRE
used 1,979,134 square feet.
Case 11-22026 Doc# 101 Filed 11/14/11 Page 2 of 22
Development of the Business Park commenced approximately 20 years ago.
Debtor acquired the Real Property in 2006 for $6,988,028 cash,4 after it was partially
developed and some lots had been sold. Debtor's acquisition debt, originally held by
Intrust Bank, was refinanced by First National Bank of Kansas (FNBK). On or about
May 7, 2008, FNBK purchased the Centennial Park loan (Loan) from Intrust Bank, and
Centennial Park executed an Amended and Restated Promissory Note (Note), in the
principal amount of $9,716,600, and other Loan documents. FNBO later became the
owner of the Loan when it acquired FNBK by merger. For convenience, the Court will
refer to the owner of the Loan as Bank, without distinction between FNBK and FNBO.
The Loan is secured by perfected liens on all property of Centennial Park, including the
Real Property,5 and payment is personally guaranteed by two individuals who control
Centennial Park filed for relief under Chapter 11 on July 4, 2011, and concurrently
filed its disclosure statement and a proposed Chapter 11 plan. Debtor's schedules list
assets valued at $9,186,018.36, of which $8,700,000 is given as the value of the Business
Park and adjacent Agricultural Land. Debtor's proposed Chapter 11 plan is a liquidating
plan. It proposes that the Court value Debtor's property, including the Business Park and
Agricultural Land. With respect to Bank's claim, the plan is a "dirt-for-debt" plan.
4 Exh. 3, p. 1.
5 The perfection as to the Real Property was accomplished by the proper recording of a mortgage
on the property located in Kansas and a deed of trust for the property located in Missouri.
Case 11-22026 Doc# 101 Filed 11/14/11 Page 3 of 22
Bank's secured claim is to be satisfied by distribution of property having a Court-
determined value up to the amount of the claim, with an unsecured deficiency claim (to
be collected only from the guarantors via litigation in state court) if the property is valued
(after payment of real estate taxes) at less than Bank's allowed secured claim. If the
Court-determined value of Debtor's property exceeds the secured claims, unsecured
creditors shall receive a distribution of the excess property. If this is not sufficient to
provide a 20% distribution to unsecured creditors other than BP Centennial LLC and
Bank, the guarantors shall provide funds to enable a 20% distribution, which would be
approximately $10,600.6 The guarantors have also agreed to pay administrative expenses
if Debtor's property is insufficient to pay such claims in full.
During hearings early in the case, the Court became aware of a wide divergence of
opinion between Debtor and Bank as to the value of Debtor's Real Property.7 In its
objection to Debtor's disclosure statement, Bank suggested the Court set a hearing date
for the purpose of determining Bank's secured status pursuant to 11 U.S.C. § 506(a) prior
to the confirmation hearing to provide a factual basis for possible objections to the
6 The total unsecured claims (excluding the undersecured portion of Bank's claim) are
$538,631.68. When BP Centennial's claim of $485,550.00 is subtracted, this leaves a balance of
approximately $53,000, 20% of which is $10,600.
7 See, e.g., Adv. No. 11-6172, Dkt. 23, pp. 14-15 (contention that Debtor's value is far in excess
of market value). Debtor's Schedule A assigned a value of $8,700,000 to the Real Property, subject to a
lien of $8,072,388.73. The proposed plan is obviously based upon the premise that Bank's claim is
essentially fully secured. On August 18, 2011, Bank filed a proof of claim for $8,074,244.80,
$3,570,000.00 of which was alleged to be secured. Proof of Claim No. 5-1. An amended proof of claim
was filed on September 12, 2011, changing the portion of the claim identified as an arrearage, but not the
total of the claim or the amount of the secured claim.
Case 11-22026 Doc# 101 Filed 11/14/11 Page 4 of 22
proposed plan. The Court thereafter scheduled the present hearing to determine the value
of the Real Property for plan confirmation purposes.
A. Positions of the Parties - Debtor's Value is $7,700,000 but Bank's Value is
The parties' values of the Business Park and the Agricultural Land differ
significantly. Debtor contends the total market value is $7,700,000, but Bank contends
the total market value is $3,570,000. Both valuations are supported by the testimony of
expert, professional appraisers. Debtor's appraiser is Larry P.Witt of Dillon & Witt, Inc.
(Witt). Bank's appraiser is P. Scott Ryan of CB Richard Ellis (CBRE).
The task before the Court is therefore to determine the value of the Real Property
in light of this conflict. This Court, like others, finds "valuation is not an exact science."8
Compounding the difficulty is the fact that in bankruptcy cases, the value of the same
property may vary with the purpose of the valuation and the proposed disposition of the
property.9 In this case, where the valuation is being determined for the purpose of
Debtor's plan to turn the Real Property over to Bank with credit on Bank's claim in the
amount of the Court-determined value, a conservative valuation is appropriate. As one
court stated in the context of a "dirt-for-debt" plan proposing to return to the oversecured
creditor only a portion of its collateral with a value equal to the amount of its claim:
8 In re Sandy Ridge Devel. Corp., 881 F.2d 1346, 1354 (5th Cir. 1989).
9 11 U.S.C. § 506(a) ("value shall be determined in light of the purpose of the valuation and of the
proposed disposition or use of [the] property").
Case 11-22026 Doc# 101 Filed 11/14/11 Page 5 of 22
Valuation in these circumstances should be approached
conservatively for at least three reasons. First, the Plan shifts
the burden of sale of the 131 acres from the Debtors to the
secured creditor. By doing so, the Debtors have shifted the
risk of loss, as well as the potential for gain, to the secured
creditor. In this circumstance, the potential for loss is greater
than the potential for gain due to the nature of the property
and the depressed nature of the existing market for the sale of
this type of property in the area where the property is located.
Second, the secured claimant will not be earning interest on
this portion of the secured claim until such time as the
property is sold and converted into cash. The secured
claimant is, in effect, getting a partial payment in kind that
must be turned to cash prior to receiving a return. This was
not part of the original bargain. To adequately protect the
Lesters' secured claim (which is oversecured) the valuation of
the portion to be returned should be on a conservative basis.
Third, valuation is not an exact science, and the chance for
error always exists. A conservative approach should,
therefore, be taken in order to protect the secured creditor in
this regard.10
Even though Bank is not oversecured and Debtor does not propose to transfer only a
portion of the Real Property, the Court has similar concerns about valuation in this case.
There is no question that if the proposed plan is confirmed, (1) the risk of any loss in the
value of the Real Property would be shifted to Bank, (2) until Bank can sell the Real
Property, it will receive no interest, and (3) the Court's determination of the value of the
Real Property is very inexact.
B. Evidence, Findings of Fact, and Conclusions of Law.
10 In re Simons, 113 B.R. 942, 947 (Bankr. W.D. Tex. 1990). See also In re Atlanta Southern
Business Park, LTD, 173 B.R. 444, 450 (Bankr. N.D. Ga. 1994) (stating in debt-for-dirt plan, "valuation
process needed to be conservative," and quoting Simons, 113 B.R. at 947); In re Park Forest Dev. Corp.,
197 B.R. 388, 396-97 (Bankr. N.D. Ga. 1996) (in dirt-for-debt plan, "valuation of real estate . . . should
be very conservative and allow the secured creditor an ample margin for error").
Case 11-22026 Doc# 101 Filed 11/14/11 Page 6 of 22
1. Appraisal Valuation Methods, Property Characteristics, and
Summary of Competing Appraised Values.
Debtor's appraiser and Bank's appraiser both used the same valuation methods:
the sales comparison approach and the subdivision development or development income
approach.11 Each appraiser then reconciled the values from the two methods to arrive at
an estimated market value. The sales comparison approach is a method of analyzing sales
of similar, recently sold parcels to arrive at a probable sale price for the property being
appraised. In applying the sales comparison approach to the Business Park, a bulk sales
analysis was performed under which the aggregate retail value of the individual lots
determined by comparable sales was discounted to represent a bulk sale, that is, a sale of
all lots as a unit to a single purchaser at the same time.
Both appraisers also used the second method, the subdivision development or
development income method, to value the Business Park. In this method, the appraiser
estimates the value of the land based upon the present value of the income stream to be
generated by the sale of the individual lots within the development over an estimated
holding period. This is a multi-step procedure. First, the present market value of
individual lots is determined based upon the sales comparison approach. Next, the time
period over which all of the lots will be sold, the absorption rate, is estimated and used to
determine the estimated yearly cash flow from sales. Next, estimated expenses are
11 Although CBRE called this the "subdivision development approach" and Witt called it the
"development income approach," their explanations show they considered similar factors and made
similar calculations despite the different names.
Case 11-22026 Doc# 101 Filed 11/14/11 Page 7 of 22
subtracted from cash flow. Finally, the estimated net cash flow is discounted to present
The appraisers also agree about the characteristics of and the highest and best uses
for the Real Property. As noted by both appraisers, the Agricultural Land is
approximately 34 acres located in Missouri, southeast of the Business Park, south of a
Union Pacific Railroad line, and north of the Blue River. Parts of it lie within a flood
plain. The tract is split by Missouri Highway 150 right-of-way and has no legal physical
access. It is zoned for agricultural use and is used for that purpose, with access via a
private drive over adjacent land. Continued agricultural use is the land's highest and best
The Business Park is divided into lots. Most, or perhaps all, improvements such as
streets have been completed. When the Business Park was initially developed, it
comprised approximately 100 acres and 52 lots.12 The part of the Business Park Debtor
now owns, approximately 45 acres, is divided into 30 lots held for sale. The Business
Park is located partly in Leawood, Kansas, and partly in Kansas City, Missouri. It lies
north of 143rd Street/Wyandotte Street, between Kenneth Road on the west and Missouri
Highway 150 on the east. The area west of the property is newer, high-end residential
development. Commercial growth in the area has occurred along primary commercial
thoroughfares, such as State Line Road, 135th Street to the north, and Missouri Highway
12 Exh. U, p. 32.
Case 11-22026 Doc# 101 Filed 11/14/11 Page 8 of 22
150. Access to the Business Park is good. The Kansas portion is zoned as a planned
business park, and the Missouri portion is zoned "M1-5," which allows for light industrial
uses, consistent with the development plan for the Business Park.
The following table compares the important elements of the two competing
Appraiser Sales Comparison Method Subdivision Development
or Development Income
Ag Business Park Business Park
Value Price /
sq ft
Witt 345,000 6.41 12.585 40% 7.551 4.5 17.5 to
7.355 7.700
The Court has carefully reviewed both appraisals and the additional evidence before the
Court. For the following reasons, the Court finds that Bank's value presented by the CBRE
Appraisal Report is better supported than Debtor's value presented by the Witt Appraisal
Report. The Court rules that the value of the Real Property for purposes of the
confirmation hearing shall be $3,570,000.
2. The CBRE Appraisal of the Agricultural Land Is More Credible than
the Witt Appraisal of the Agricultural Land.
First, the Court finds CBRE's appraised value of $170,000 for the Agricultural Land
to be more credible than the value of $345,000 presented by Witt. Both appraisals used the
Case 11-22026 Doc# 101 Filed 11/14/11 Page 9 of 22
comparable sales approach to estimate the market value. Three comparables were used by
Witt in its analysis. Two were sales in the summer of 2007, before the 2008 downturn in
the real estate market, which sluggishness persists in 2011. But Witt made no adjustments
in the historical sales data to account for the sale dates. The two properties sold in 2007
were located in Cleveland, Mo., approximately 11 miles south of the Agricultural Land,
outside the Kansas City metropolitan area. The third comparable was a distressed sale of a
residential development located at Nall and 183rd Terrace in Stilwell, Kansas. The
residential property was not located in a flood plain. And, when adjusting the prices of all
three tracts, Witt made no adjustments for the lack of access to the Agricultural Land.
The CBRE Appraisal likewise relied upon three comparable sales to determine the
value of the Agricultural Land was $170,000. Two were sales in 2010 in Kansas City,
Missouri, not far from the subject property. One of these tracts was zoned agricultural and
was considered comparable to the subject property in all respects except access, for which
an adjustment was made. The second Kansas City sale was adjusted for that property's
residential zoning, superior access, and superior location. The third tract was a sale in
December 2008 of 80 acres zoned for agricultural use in Sibley, Missouri. As to all three
tracts, 25% adjustments were made to reflect the lack of access to the Agricultural Land.
The Court finds the CBRE value more credible than the Witt value.
3. The CBRE Appraisal of the Business Park Is More Credible than the
Witt Appraisal of the Business Park.
Case 11-22026 Doc# 101 Filed 11/14/11 Page 10 of 22
The Court likewise finds the CBRE valuation of $3,400,000 for the Business Park to
be more credible than the Witt valuation of $7,355,000. As the first step in valuation of the
Business Park, both appraisers estimated the total market value for the 30 lots as of the
appraisal date by the use of comparable sales. The comparables used by Witt included
sales of four lots in the Business Park, one in 2007, two in 2008, and one in 2010, the
average price for which was $6.05 per square foot. Witt also considered 23 comparable
sales from late 2006 through 2011 of development tracts along the 135th Street corridor in
Johnson County, Kansas, scattered tracts in Jackson County, Missouri, and other areas.
The comparables included two sales of multifamily development sites. Witt then assigned
a value to each lot in the Business Park, which varied between $9.00 and $5.75 per square
foot. But the Witt Report contained no grid showing the specific comparables used for
each lot and the adjustments made. This approach resulted in a total market value of
$12,585,000, an average of $6.41 per square foot.
The CBRE Appraisal used four business park sales in the Kansas City area occurring
between January 2009 and April 2010 as comparables. Adjustments of these sale prices
were shown on a grid and resulted in comparable prices from $3.77 to $5.56 per square
foot. The report also noted that "discussions with market participants who are active in the
local land market indicated sale prices for $5.00 to $6.00 per square foot for the subject
lots."13 After noting the sales of lots in the Business Park from 2007 through 2010, the
13 Exh. 3, p. 32.
Case 11-22026 Doc# 101 Filed 11/14/11 Page 11 of 22
CBRE Appraisal concluded that the aggregate retail value of the 30 lots was $10,888,237,
with an average value of $5.50 per square foot.
The Court finds the CBRE Appraisal's price of $5.50 per square foot to be more
credible than the $6.41 per square foot value of the Witt Appraisal. The CBRE valuation
was based primarily upon recent sales of lots for industrial or office development in the
Kansas City area. The Witt Appraisal relied upon the four sales of lots in the Business
Park, three of which were prior to 2009, and 23 other sales, including some in residential
developments. Although the per-square-foot sales prices for the Witt comparable tracts
varied from $3.50 per square foot to more than $25.00 per square foot, neither the Witt
Appraisal Report nor Mr. Witt's testimony included any tract by tract adjustment of these
comparable tracts to more closely match the characteristics of the subject lots. Also, since
the portion of the Business Park located in Missouri could not be used for residential
purposes without a use permit and the Kansas property would have to be rezoned for such a
use, the Court finds that the Witt Report's consideration of values based on residential use
is improper, particularly where there was no explanation of any adjustments. Witt's
comparable sales extended over many years, including the period before the downturn in
economic activity which continues today. As noted by the Witt Appraisal, sales of the lots
in the Business Park from 2007 through 2010, most of which were before the downturn in
real estate market conditions, averaged $6.05 per square foot. Witt's analysis does not
convince the Court that the higher value of $6.41 per square foot is correct.
Case 11-22026 Doc# 101 Filed 11/14/11 Page 12 of 22
After estimating the per-square-foot value of the lots, both appraisers applied a
discount factor to account for a proposed bulk sale. To estimate the market value of the
Business Park in a bulk sale, Witt reduced the estimated market value of the 30 lots by a
bulk sales discount of 40%. The Witt Report stated, "[T]here is little market evidence
involving arm's-length, non-distressed bulk sales of business parks such as the subject.
However, there is considerable evidence on residential subdivision, which will be utilized
as a part of this analysis."14 Witt reported that the selected 23 sales from 1993 through
2009 showed a discount to aggregate retail sale price for the residential developments from
a low of 13% to a high of 48.3%, with an average of 25.9%. But, the Witt Appraisal
concluded that the comparison of the Business Park lots with the residential development
sales caused an increase in the bulk sales discount to 40%. When this discount was applied
to the aggregate retail estimated value of $12,585,000, the estimated value for the Business
Park was $7,551,000.
The CBRE Appraisal applied a bulk sale discount of 65%. The report stated:
Little data is available for bulk discount sales on developments
similar to the subject. There have been residential bulk sales
over the last 10-15 years. Although they indicate discounts
from 20% to 60% they are not considered comparable to the
subject. We have spoken with local brokers to obtain input on
likely bulk discount estimates for the subject property. . . .
Local brokers indicated that investors would demand discounts
from 50% to 75% for a bulk purchase. We have estimated 65%
for our analysis.15
14 Exh. S, p. 17.
15 Exh. 3, p. 32.
Case 11-22026 Doc# 101 Filed 11/14/11 Page 13 of 22
The Court finds CBRE's estimate of a 65% discount rate to be better supported than Witt's
40% estimate. As noted above, the Court questions the consideration of residential
development sales, and finds consultation with local brokers to be more reliable. This leads
the Court to conclude that the CBRE value of the Business Park using the sales comparison
method is more reliable than the sales comparison estimate by Witt.
Both appraisers also estimated a market value for the 30 lots using the subdivision
development or development income approach. There was testimony that this is the
preferable method of appraisal, since an investor contemplating purchase of the Business
Park would perform such an analysis. The starting point for this approach was the average
lot value, determined as examined above. Then an income stream was projected based
upon the "absorption rate," which is the predicted rate of sales of lots. Witt used an
absorption rate of four-and-one-half years, projecting the sale of two lots in 2012, six lots in
2013, ten lots in 2014, and eighteen lots in 2015. The initial low rate was stated to be
realistic based upon "the current state of the market with potential for some upside in the
future."16 The high rate of sales beginning in 2013 was explained as follows:
[After mid-March 2013], it is my opinion that, given historical
trends within the Kansas City metropolitan market and
nationwide, overall absorption should increase, especially given
certain economic factors within the subject market area. That
is, the completion of the NNSA facility,17 as well as the
completion of Missouri 150 Highway improvements to
16 Exh. S, p. 19.
17 At trial, this was referred to as the "Honeywell facility."
Case 11-22026 Doc# 101 Filed 11/14/11 Page 14 of 22
Missouri 291 Highway in Lee's Summit will certainly be
beneficial to development growth within the subject area.
Further, residential development within Leawood and southern
Overland Park will continue, as well as newer developments,
such as recent additional phases for Loch Lloyd to the south.18
Mr. Witt testified that the foregoing factors would provide synergy for development of the
Business Park, and that he was of the opinion that real estate development was presently in
the low point of the cycle and market conditions would soon improve. In addition, the Witt
Appraisal allocated increases in price of 1% per year during the first period, 2% through
March 2013, and then 4% per year. Expenses were deducted from the income stream. The
resulting net cash flow was just under $13,000,000. This amount was then discounted to
present value using discount rates of 15% in the first period and increasing to 25% during
the final period. Realtyrates.com and PwC (PricewaterhouseCoopers) Real Estate Investors
Survey were consulted when determining these rates. Then the report stated, "In analyzing
the subject as a real estate investment, I believe that discount rates in the 17.5% to 18%
range (annually) are reflective of the risk inherent to the subject as an investment."19
Rather than determining value using the discount rates shown in the cash flow calculations
(15% to 25%), an average discount rate of 17.5% to 18% was used. These rates were then
used as a basis for Witt's opinion that the overall value of the Business Park using the
development income approach was $7,355,000.20
18 Ech. S, p. 19.
19 Exh. S, p. 20.
20 See Exh. S, pp. 20-21.
Case 11-22026 Doc# 101 Filed 11/14/11 Page 15 of 22
The CBRE Appraisal Report adopted an absorption rate of 10 years, with a
projection of sales of two lots per year in the first two years, three lots per year for the next
eight years, and four lots per year in years 9 and 10. The basis for this position was stated
as follows:
Since there is little actual data available on the absorption rate
of business park lots, we have relied on the opinions of local
brokers that are active in the land market and are familiar with
the subject property. They indicated absorption periods from
10 to 20 years. They indicated that there is a vast amount of
land currently available on the market and a large square
footage of improved properties available for sale and lease
similar to those that have been and are likely to be built in the
subject development. They indicated that these properties
would likely be absorbed at a significant discount before most
owner-users or investors would build new similar
improvements. These brokers indicate that there is currently
little activity in the business park/flex-user market.21
The CBRE Appraisal adopted a 2% per year growth in value and subtracted projected
marketing and sales expenses, taxes, and general administrative expenses. As to the
discount rate, the CBRE Report, based upon the PwC Real Estate Investor Survey and
realtyrates.com, found a discount rate of 25% to be appropriate. When the cash flow
analysis was completed using these assumptions, the CBRE Appraisal concluded that the
estimated market value of the 30 lots based upon the discounted cash flow approach was
21 Exh. 3, p. 34.
Case 11-22026 Doc# 101 Filed 11/14/11 Page 16 of 22
The Court finds several weaknesses in Witt's discounted income approach
valuation. First, for the reasons stated above concerning the comparable sales method, the
Court finds that the Witt cash flow analysis began with an inflated value for the lots.
Second, the Court finds the absorption rate of four-and-one-half years is not credible. It is
inconsistent with the sales history of the Business Park. The Business Park was initially
developed approximately 20 years ago. It had approximately 100 acres and 52 lots. At the
time the bankruptcy was filed, 30 lots comprised of approximately 45 acres were owned by
Debtor. There were only four completed sales from 2007 through 2011. To project, as
does the Witt Appraisal, that all thirty lots will be sold in the next four-and-one-half years
is not credible.
Third, when selecting an absorption rate, the Witt Appraisal relied heavily upon the
opinion that nearby development, particularly along 135th Street, and the completion of the
Honeywell facility,22 would have a synergetic effect on development of the Business Park.
This view of the absorption period fails to account for the fact that much of the recent
development in the region of the Business Park is distressed. This results in an abundance
of improved properties for sale or lease at prices significantly discounted from the costs
which would be incurred to purchase a lot in the Business Park and construct
22 As stated at n. 17, this is the facility the Witt Appraisal referred to as the "NNSA facility."
Case 11-22026 Doc# 101 Filed 11/14/11 Page 17 of 22
Fourth, Witt's four-and-a-half-year absorption rate implies that there will be a burst
of activity in the Kansas City real estate market, or at least in the area of the Business Park,
during the next four years. This position is refuted by the testimony of Bank's economist,
John Keating, who testified that macro economic data indicates that the economy will not
rebound from the recent recession as quickly as it has in the past. The Transaction Based
Index (TBI) Provided by MIT,23 on which Mr. Witt relied when testifying, shows an
increase in real estate values during the first quarter of 2011, but does not attempt to project
future growth. The Court finds the 10-year absorption rate used by CBRE to be better
supported and much more compatible with the history of sales in the Business Park and the
current Kansas City commercial real estate market.
The Court also questions Witt's selection of the discount rate of 17.5% to 18%. The
selected rate is below the average rates reported in the two sources cited in the Witt
Appraisal Report, realtyrates.com reporting rates from 16.42% to 31.2%, with an average
for business parks of 23.34% and the PwC Real Estate Investor Survey reporting rates of
15% to 30% for the second quarter of 2011, with an average of 21%, with entitlements24 in
place, and higher if such entitlements are not in place.25 Further, the Court cannot make
sense of the Witt Appraisal Report's calculations applying the 17.5% to 18% discount rate,
and these calculations were not explained at trial.
23 Exhibit TT,
24 At trial, the Court was informed that "entitlements" here refers to government assistance.
25 Exh. BB, Bates-stamped p. CBRE000795.
Case 11-22026 Doc# 101 Filed 11/14/11 Page 18 of 22
At trial, Debtor's counsel relied upon three prior appraisal reports prepared and
signed by CBRE, and all dated May 27, 2010, as supporting the correctness of the Witt
Appraisal.26 In particular, he relied upon the similarity of draft one of an appraisal prepared
for Bank by CBRE dated May 27, 2010, which valued the Real Property at $6,735,000
(2010 First Draft),27 to the Witt appraisal, which valued the Real Property at $7,700,000.28
The 2010 First Draft was similar to the Witt Appraisal in that it estimated a high value
($650,000) for the agricultural land, a 5-year absorption rate, and a 20% discount rate for
the income approach.
However, the Court rejects this similarity as grounds to enhance the credibility of
the Witt Appraisal for several reasons. First, the 2010 First Draft was just that, a version
which was later revised. Although the Court, like the Debtor, finds it puzzling that there
would be three signed versions of appraisals prepared by CBRE and dated May 27, 2010,
the unrefuted testimony presented by Bank was that the first two versions were drafts and
only the final version was intended to be an accurate "as is" appraisal of the Real Property.
The Final 2010 CBRE Appraisal29 valued the Agricultural Land at $230,000, after the
addition of adjustments to the prices of the comparables which were not in the 2010 First
Draft. The Final 2010 CBRE Appraisal valued the Business Park at $3,860,000, based
26 Exh. WW, XX, and U.
27 Exh. WW.
28 Exh. S.
29 Exh. U.
Case 11-22026 Doc# 101 Filed 11/14/11 Page 19 of 22
upon a 10-year absorption period and a 25% discount rate for the income approach.
Second, the 2010 First Draft valued 9 lots for mutifamily use, a use which would have
required obtaining a use permit in Missouri and a zoning change in Kansas. Since the 2010
appraisal was to be "as is" based upon currently permitted uses, a valuation assuming
residential use was not appropriate. Residential use was not included in either the Witt
Appraisal or the 2011 CBRE Appraisal. The Court finds that these differences between the
2010 First Draft and the Final 2010 CBRE Appraisal make the 2010 First Draft unreliable.
Its similarity to the conclusions of the Witt Appraisal therefore do nothing to increase the
credibility of the Witt Appraisal.
As the Court has noted, it finds the existence of what appear to be three final
appraisals for the identical date with significantly different values puzzling. But it also
finds the discrepancies between the 2010 First Draft (and the second draft of the same
appraisal) and the Final 2010 CBRE Appraisal insufficient to conclude the value
determined by the 2011 CBRE Appraisal is unreliable. The uncontradicted testimony was
that the two drafts were not the final conclusion of value in May 2010, and that the 2011
appraisal was developed completely independently of CBRE's prior valuations of the Real
Property. Further, the discrepancy between the $4,090,000 market value of 2010 final
appraisal report is somewhat, but not strikingly, higher than the 2011 market value of
$3,570,000. Other important elements of the final 2010 and the 2011 appraisals are not
wildly inconsistent. The value of the Agricultural Land changed from $230,000 to
$170,000, the per-square-foot value of the Business Park lots changed from between $5.75
Case 11-22026 Doc# 101 Filed 11/14/11 Page 20 of 22
and $6.50 to $5.50, and the absorption rate and the income-approach discount rate did not
The Court finds, unlike many occasions where the Court must determine value, this
is not a situation where the Court should independently determine a value somewhere
between the values offered by the parties. The valuation evidence was presented by two
qualified experts, but this Court is not an expert appraiser. The calculations performed by
the experts, particularly the discounted cash flow analysis applicable to the Business Park
valuation, include many steps. If the Court were to determine one factor, such as the
absorption rate or the discount rate, should be more than that used by Witt but lower than
that used by CBRE (which it is not inclined to do), the resulting change in the value would
not be something the Court has the expertise to calculate. And, as noted above, given the
purpose of the valuation, a conservative value, such as that represented by the CBRE
Appraisal, is appropriate.
For the foregoing reasons, the Court concludes that the market value of Debtor's
Real Property for purposes of plan confirmation is $3,570,000. Both the Witt and CBRE
appraisals adopt the following definition of market value: "The most probable price which
a property should bring in a competitive and open market under all conditions requisite to a
fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the
Case 11-22026 Doc# 101 Filed 11/14/11 Page 21 of 22
price is not affected by undue stimulus."30 The Court finds this to be an appropriate
definition of value for the purpose of confirmation of Debtor's proposed plan, under which
the Real Property would be distributed to Bank in partial or total satisfaction of the secured
portion of its claim. The Court emphasizes, however, that this valuation is only for the
purpose of confirmation of Debtor's proposed plan.31
# # #
30 Exh. 3, p. 3; Exh. S., Addendum E, definitions, p. 1 (the definition in Exh. S does not begin
with a capital letter and has a comma after "the buyer and seller" but is otherwise identical to the one in
Exh. 3). Implicit in this definition are the following conditions: (1) Buyer and seller are typically
motivated; (2) both parties are well informed or well advised, and acting in what they consider their own
best interests; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in
cash or financial arrangements comparable thereto; and (5) the price represents the normal consideration
for a property sold unaffected by special or creative financing or sales concessions granted by anyone
associated with the sale. Id.
31 The Court makes no finding whether this would be an appropriate value for confirmation of a
sale following foreclosure in state court.
Case 11-22026 Doc# 101 Filed 11/14/11 Page 22 of 22
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Mar 15, 2012 11:50 AM
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text:
Goat's milk.
It's something I never really thought about before.
Probably because I don't know much about goats and I don't have goats.
My sister has goats and all I ever see them do is poop, and sometimes they walk up to me and rub their head on my leg which freaks me out a little……………………because their goats, and their usually pooping on my shoe as their rubbing their head on me.
So I've never really thought much about them, except for their poop, but recently I've been seeing a lot of things about goats milk.
Raw goat's milk.
I've read about it in articles and I saw a poster about it hanging on the wall at the vet's office when I took Sherman for his laser treatment last month. I asked the vet about it and he said it was perfectly safe and nutritious for dogs.
Then I got a sample of dehydrated goat's milk from The Honest Kitchen when I was at the blogging conference.
I was intrigued so I looked into what all they hype was about raw goat's milk. I quickly learned that it's used a lot for the rearing of puppies in large litters and is very tolerable for adult dogs since it is said to be very easily digested, so easy that it is said that the body can digest goat's milk in 20 minutes. It's more digestible because the fat molecules are one-fifth the size of those from cow milk, making it easily tolerated by those with compromised digestive systems It's also said that there are several benefits to raw goat's milk such as cancer fighting properties, treating ulcers, helping to increase the PH of the bloodstream and it is believed to cure many diseases.
Not interesting enough that I was going to go out and milk a goat and pour it into my dog's water bowl, but interesting enough that I was going to try some of The Honest Kitchen's Pro Bloom dehydrated goat's milk and make up some cute little frozen treats for the dogs.
Pro Bloom is a shelf-stable instant goat's milk with digestive enzymes & probiotics.
It's The Honest Kitchen's very own formulation of natural goat's milk plus probiotics and digestive enzymes, designed to nourish and nurture cats and dogs. It's ideal for growing puppies and general immune support at the gut level.
Pro Bloom is human-grade and made in the USA from pasture-raised, free-ranging goat's milk in the Pacific Northwest. It's naturally free of pesticides, herbicides, growth hormones and antibiotics.
Serve alone as a nourishing drink, pour on kibble for added moisture, or use to hydrate Honest Kitchen food, or freeze it up for a nice summer treat! (I added that last part myself)
I haven't heard of anyone that I know giving goats milk to their dogs so I asked around on our Facebook page to see what the thought was on this.
I got mixed reactions, from no way-why would I give my dog milk from a goat? to yeah-I've given it in the past.
I personally wouldn't give it everyday, but the boys really seemed to like it so I would give to them like I did, as a special frozen treat here and there.
What about you? Have you ever given your dog raw goats milk? Would you ever?
*Disclosure-I was given free samples of The Honest Kitchen's Pro Bloom in my swag bag at BlogPaws. I was not asked to write about this product. I was intrigued, so I did.
**Disclosure #2-I contacted The Honest Kitchen to make sure I could freeze this product since it is not stated on the package that you can. Obviously, I was informed that it is ok to freeze this product and that I'm a genius for thinking of it.
***Disclosure #3 I added that part about me being a genius in Disclosure #2
33 Comments on What's Up With Goat's Milk?
I don't know anything about goats milk and found your review to be interesting. I don't think i would go out of my way to get it though.
Elizabeth Bergesen recently posted…Wordless Wednesday #132
SHE loves goat's milk soap….but we've never drunk it. Actually, we don't drink any milk. Yoghurt and cheese is our dairy.
XXXOOO Daisy, bella &Roxy
I think goat's milk is great. Potentially, maybe I would give it to my dogs, if somebody made a good argument, even though my instinct is telling me that milk is meant for babies (animal or human). So it would have to be a very good argument.
Jana Rade recently posted…Lexy's Squamous Cell Carcinoma
We too knew it was OK for dogs but we haven't tried it. The frozen idea is a good one for a treat. Have a wonderful Wednesday.
Best wishes Molly
Molly The Wally recently posted…Dog House Blog, Pinterest Perfection?
I never knew about this – thanks for the review. Will look into it further.
humanrescuesdog recently posted…Nothing Better Than A Good Sniff!
Typist drinks goats milk every day!
Some of my friends are strong goats milk supporters!
Priscilla recently posted…Wordless Wednesday #108
Love your disclosures Mom did not even bring that goat milk home because she did not know what she would do with it! You are a genius for thinking of freezing it into treats! Nice work!
Emmadog recently posted…Skinny Dipping With A Hat | GBGV | Wordless Wednesday
Ma and sissy brought home those samples too and sissy Sarah made a pack of it up for Sissy spaniel. Jenny Sue went nuts over it. I would not even sniff it. I don't look like a goat, smell like a goat or even know a goat so I wasn't trying it. Sissy Spaniel that was fine for her cause she liked it. Ma will have to make some frozen treats with it. Thanks for the idea!
Loved the disclaimers!!!
Carma Poodale recently posted…WW- London's Bridge Fell Down?
I've wanted to get a dwarf goat to do my lawn maintenance for years but city zoning laws frown on it…other than that I really never considered giving Gizmo milk of any kind…guess it couldn't hurt but not sure yet why i'd want to…i use unsweetened almond milk myself and Gizmo does like that
Gizmo recently posted…Alligator Country on Wordless Wednesday
Hey! I should get that out and try it! I suspect Koly & Fe would be big fans of it. (PS – you *are* a genius)
Jodi Chick (+ Kolchak & Felix too) recently posted…Kol's Birthday Bash: Let Them Eat Cake Giveaway
My neighbor has goats…he informed of all the good things about goats milk…I still dnt like milk though, I go for the almond kind.
Tori recently posted…A Day on the Farm
I've never tried it, but then I don't drink cow's milk anymore either. I know a lot of the Cardi breeders do use it to supplement as well as when they transition the pups to solid food. My guys do love Almond milk, but of course, they love just about anything they see us eat!
Taryn recently posted…Wilson Wants on Wordless Wednesday
I like goats. My mom's goat Sandy is very friendly and wags her tail like a dog. Nope, I've never thought to give goats milk to my dogs. But I would be willing to try it. It is very interesting that dogs can digest it so easily.
Dawn recently posted…Wordless Wednesday – Deuce the Cat is Done
I saw that post on facebook and thought the stars were made of yogurt. Never in a million years would I have guessed it was goat's milk!
I had a sample of goat's milk last summer and was shocked that it didn't really taste all that different from cow's milk. But then, I don't know if it was raw either! I also got a sample of some cheese made from goat's milk.
I've never given goat's milk to my boys. It isn't sold in stores here, so I don't really know where to buy it. I wouldn't be opposed to it though.
LOL'd at Disclosure #3.
sprinkles recently posted…Wordless Wednesday
I have a friend who raises a few goats as a hobby and she is being swamped with requests for milk. I was curious about it, thanks for the review.
jan recently posted…Public donates $16,730 for Poodle surgery
My guys get yogurt, do you think goat's milk would be better for them than yogurt?
Holly and Bri LOOOOOOOOOVE raw goat's milk. As in they'll actually try and drink it out of my cup before I get to it. Holly especially.
Kat, Holly, Bri & Maya recently posted…I Have Pictures!!
I have used goat's milk in dog treats before. I also buy Blueberry goat's milk cheese from time to time and she really likes it. Personally, I think it smells like butt – however, since Blueberry enjoys it and it agrees with her I see no harm. It doesn't give her bad gas like regular cow's milk cheese does so I give it 2 thumbs up!
Blueberry's human recently posted…Still here
LMAO – loving disclosure #3 !
That's genius to think to use it to make frozen treats…. it really is! And for the record, I was going to type that before reading disclosure #2 or #3!
Nichole recently posted…Wanna Race For Dessert?
Well, lots of here think you're a genius.
Funny – we just had someone telling us the wonder of goat's milk for humans while we were at my hub's knee procedure the other day. THis person suggested the goat milk yogurt at Trader Joe's. We tried it – but it was way too runny. We are sticking with our Greek yogurt.
I never heard of giving it to the dogs. Makes sense I guess – for a little treat now and then. I bet Rita would like it.
Jackie Bouchard recently posted…Wordless Wednesday: The Preferred Part of a Pig
Thanks for sharing. Our dogs are big fans of RAW goat's milk. The beneficial properties of goat's milk are mostly from its RAW state, though. I confirmed with Honest Kitchen at BlogPaws that their product isn't raw. The pasteurization process removes a lot of the benefits of milk. While their product is still a healthy snack or supplement, they confirmed it is not as beneficial as actual raw goat's milk.
Stefanie recently posted…Wordless Wednesday – kitchen helpers
As I said over on FB, we gave it to Thunder when he was in the show ring. Unfortunately, Thunder's coat cycle and the show's cycle were at odds. It really helped with his coat. It was a tip given to us by a ling time breeder.
2browndawgs recently posted…Wordless Wednesday–Focus
BOL! Love disclosure #3…..of course your a genius! Maybe you can share some of that with my Ma….she seemed to miss out on that…
I've never had the goat's milk, butts Ma said maybe if a doggie won't eat, or has tummy issues, this might be a good supplement, too.
I say make Ice cream with it, and I am SO in!! BOL
rubytheairedale recently posted…Wordless Wednesday
I love Disclosure #3.
Corbin recently posted…Weighing the Pros and Cons of Foster Failing
I'm doing a Bloom review too! It has taken my foster dogs farts from "everyone clear the house" to not noticeable. I soak her kibble in it.
Also, the only two people I know that will bottle feed newborn pup litters as fosters make their own puppy formula with a base of goats milk. Most commercial products are just full of corn syrup.
The Lady recently posted…Wordless Wednesday
Love those treats you made, very clever. I had a can on hand when Riva whelped just in case I needed it as a supplement for the puppies.
Misty Shores Chesapeakes recently posted…Wordless Wednesday ~ May we join you for lunch?
We've been using the goat's milk here on the girls' food. For some reason, their stomachs have been mildly out of sync and the goat's milk has really helped things go down! I've been really impressed with it these past few days!
houndstooth recently posted…Wordless Wednesday 6/19 — She Loves Me, She Loves Me Lots
I was allergic to milk as a baby so I had to drink goats milk. I also think goats are super cute I got some of the Honest Kitchen goats milk samples before the conference because I was so excited to try adding it to the low-calorie, nutritious kong recipe I am working on. I liked using the powdered milk but still haven't perfected the recipe yet.
Jessica@YouDidWhatWithYourWeiner recently posted…When You Reeaally Want Your Dachshund to Do Something
I've drunk goat's milk and enjoy goat's milk cheese. But I never thought of giving any milk to Honey until I got my HK swag.
I like your frozen treat idea. And yes, you are a genius for thinking of it. I'm definitely going to use your idea.
somethingwagging recently posted…Who's Having More Fun – Wordless Wednesday
Never had it before, but mummy sure loves goat's cheese:-)
Misaki recently posted…Hot hot hot!


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"Game of Thrones": 10 Questions for Season 7
Comic Books
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The Buy Pile
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In Your Face Jam
Comics Should be Good
Robot 6
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Comics Should be Good
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Portage, IN
Digital comics | In today's Amazon-acquires-comiXology article, Rachel Edidin deflates much of the hype, and the panic, surrounding the deal, pointing out that comics distribution is already a monopoly, large corporations already run the comics market, and comics have been available on Kindle all along: "Is the concern […] a distribution monopoly? If so, the direct market is in no position to criticize: over the last 15 years, Diamond Comics Distributors has consumed almost all independent print distribution in comics, and dictates practices and policy to retailers and publishers alike. The idea that print comics are somehow more independent than their digital cousins — or a scrappy underdog fighting the good fight against evil corporate profiteers — is frankly ridiculous." [Wired]
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Heart Rhythm
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We have cardiac rehabilitation experts who can help you set goals and stay on track. In addition, we offer a special Implanted Cardioversion Defibrillator (IDC) class for patients, family members and friends.
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Pre-NCAA Tournament First Round
March 13, 2006
Head Coach Lute Olson Quotes
Opening Statement
They are a man-to-man team. They shoot a lot of threes. They will run on steals and interceptions, but not off missed shots. I'd say they are fairly typical of Big Tens teams of the past in terms of preferring a half court style and being physical, tough on the offensive boards. But I do feel that we have the ability to match up well with them based on how we've played throughout the course of the year.
We had a full practice yesterday. We'll put in the scout team things today, but we won't be on the court for more than an hour and 15 minutes today. Our main preparation days will be Tuesday and Wednesday. We were hoping for a 2 p.m. charter departure on Wednesday, not much later, so we could wake up on their time Thursday and get acclimated to that time difference.
Is it important to get off to a good start on Friday?
The key to our ball club is getting out and defending hard and utilizing our quickness. I'm hoping with the experience we had a year ago with the run to the Elite Eight that Ivan (Radenovic), Hassan (
Getting off early would be important in any game. I think the key to the game is going to be the amount of defensive pressure we put on the ball and the ability to cut down on their second opportunities on the glass.
Give a quick synopsis of the
For example, the post may set a back screen and from the back screen, he will pop out to the perimeter. If you look at the stats, you will see that their big guys have shot a lot of threes. Whether it's the point guard or the five man or anything in between, they are going to be all over the court in their offense.
Like any other team, there are certain guys that are key. (Kammron)
Is it reasonable to compare Marcus Williams to Sean Elliott at this point of their careers?
Marcus certainly has that kind of ability. I think Sean in his freshman year (1985-86)...well, it would be hard to compare anyone in their freshman year to what Sean accomplished. He was certainly a key to our winning the (Pac-10) title in his freshman year. I think he was our leading scorer and one of our leading rebounders.
There haven't been a lot of freshmen that have affected their team as much as Sean did in his freshman year. I think that Marcus has had an outstanding freshman year. I don't think he is the rebounder that Sean was. Sean was a better creator than Marcus. Marcus does a good job of penetrating, but Sean was one of our leading assist guys as well. It's unusual to get a guy who sees the floor and can deliver the pass like Sean did.
In terms of looking at Marcus and comparing him to players that have come through this program, I guess he is more like Sean than anybody else. But Marcus needs to get more aggressive on the boards if he's going to be compared to Sean.
What about gait and demeanor?
In a lot of ways they are. Marcus is a very big competitor. He doesn't show that competitiveness as much as Sean did. Sean stepped in his freshman year and became a go-to guy and a leader and took to that role very well.
Every tournament is a different experience. Do you think this team can capture the fans with a nice run in the tournament?
I think there are a lot of similarities with the 1997 team. Both teams went into the tournament with 19 wins. Both teams were 11-7 in the conference. One of our biggest problems this year has been consistency in shooting, but I think this team is better than that team defensively. But that team (1997) shot the ball better with (Mike) Bibby, (Jason) Terry, (Michael) Dickerson, and Miles (Simon) was a great scorer.
I think that team had the outstanding leadership of Miles Simon in terms of the toughness and the swagger and the rest of it. I don't think we have anyone that would compare with that. That is so critical when you get into the tournament that you have somebody that has the way to instill confidence in everybody on the floor with them.
How was the return of Hassan Adams to practice yesterday?
We had a really good workout last night...very competitive. I think it was good. The guys had a lot of enthusiasm. You could tell that they were very excited about being in the tournament. I thought it was one of our best practices of the year in terms of the basic response on the court.
I think Hassan is the emotional leader on the floor and that is evident. It took him the first eight minutes once we went full court to get in the swing of things. But his last 12 minutes were outstanding.
Twenty-two straight years in the tournament. Do you still get excited?
Oh, yes. It's why you coach...for the excitement of being in the NCAA Tournament. For us to have been in for 22 straight years...The first year here we didn't get in, but the last five years at Iowa we did, so it's been 27 out of the last 28 years. But it doesn't change in terms of your excitement, the only thing is that you probably have a better fell of what the guys are going through and what you need to do to make sure that they are prepared for what is going to happen.
I think the fact that we have good experience in the tournament is going to be very helpful. Those returning guys will do a good job.
Talk about Mustafa heading home to
It will be exciting for Mustafa to be there (home in
There is great parity in college basketball. You've seen in the NCAA playoffs the last two years where there have been closer games than ever in the history of the tournament. That extends into league play too. You see that in a lot of conferences. The parity, the fact that some of the top programs have lost top players to the draft in the past has had an effect on that.
Talk about Brian Butch:
He is a very mobile five-man. He's almost more comfortable facing up than with his back to the basket. He'll put the ball down well both ways. If you are out there defending him with a big man, he creates problems for you because he can shoot it and put it down.
Typical of most big guys when they are in high school, they didn't get a chance to play against other big guys. He looks like he has gotten stronger, but I'm sure if you spoke with Coach Ryan, he would say the first thing he needs to do is get stronger. That's not unusual. We would say the same thing about Kirk Walters.
I was so sorry to see what happened a year ago because I know John Chaney and I know him well. He is one of the best things that's ever happened to
He is someone who came up the hard way. He's a no-nonsense guy in terms of dealing with his players. His players love him. He's as hard on them as any coach, ever. If you have your workouts at 6 a.m., that's would not be No. 1 on a lot of young guys' minds. He wants guys to remember that this is your responsibility to be here whenever we call practice.
I think you could talk to 100 coaches and they would tell you the same thing that they were sorry to see what went down last year because that's just not John.
Junior Point Guard Mustafa Shakur
On returning to his hometown of
"I am excited. I'm happy to be going home for the first time to play a game. I have always loved playing in front of my hometown friends and family."
More on playing in
"I actually wasn't watching it (NCAA Selection Show), but then I looked at my cell phone and I had like four voice mails from friends and I knew I was going back home. I'll probably have about 200 tickets for friends and family if I can get them."
Is there any added pressure playing in front of friends and family?
I don't think there is any added pressure. I've always played better in front of my family."
On what the team expects out of
"I think they play an aggressive style. They are a tough team. We're going to try to get out and run against them."
On the return of senior Hassan Adams:
"It will mean a lot for us. It will be nice to have on of our go-to guys back. We're going to need his athleticism and emotion the rest of the way."
Freshman Forward Marcus Williams
On playing in the NCAA Tournament for the first time:
"I'm excited. It'll be my first time. I'm looking forward to it. I think we have a good chance against
"I don't know too much about them. I think they might be a bit like
On the return of senior Hassan Adams:
"His 17 points and six rebounds are tough to make up for. It'll be great to have him back. He brings a lot of intensity each game"
On if he feels
"Not really. People might look at us as an underdog since we've gone through a lot this year. Getting Hassan (
Junior Forward Ivan Radenovic
On the NCAA Tournament:
"It's a totally new season for us. Whatever has happened before is in the past. We have to forget about everything. It's a new season; It's do or die."
On the expected physical style of
"You have to learn how to handle it. You have to be tough. The refs aren't going to call a lot, so you just have to play through it."
On what the team expects out of
"They are going to try to slow the game down. They try to keep the score in the 60s or 50s. We need to put a lot of pressure on them and try to speed the game up."
On the return of senior Hassan Adams:
"He's a real vocal guy for us. He's been here for fours and he knows what we have to do. He's a central part of our defense and our offense. It's good to have him back because he brings a lot to the court."
"They come from a tough conference. I know they rebound and defend well. We're really going to have to push the ball and try to get them out of their game."
On the potential of matching up against No. 1 seed Villanova in the Second Round:
"Sooner or later you're going to have to play the tough teams. You might as well play them sooner. We know we have a tough game in the First Round with
Sophomore Forward Bret Breilmaier:
Compare this year's team to the Elite Eight team a year ago:
"We're a lot different team this year. We have different personalities and a different makeup. It will be interesting to see how we match up this year."
"We were joking last night that it's like they have 10 Bret Breilmaier's. They're a tough, smart team. It's going to be a good challenge for us."
On the return of senior Hassan Adams:
"He looked good last night [in practice]. His legs were fresh. It's good to have our leader back. He brings a lot of intensity to the court."
Freshman Forward Fendi Onobun
On playing for the first time in the NCAA Tournament:
"Mustafa (Shakur) and Hassan (
On this week's preparations:
"We need to get the job done. We need to do the best we can. We're practicing hard and I think everyone is on the same page."


text:
Royal baby
July 23, 2013
Kate, the Duchess of Cambridge, carries her new born son, the Prince of Cambridge, who was born on Monday. into public view for the first time. outside the Lindo Wing of St. Mary's Hospital, in London July 23. The boy will be third in line to the British throne. (AP Photo/John Stillwell, Pool)
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Sunday, January 27, 2008
Logo #166: The Monkees
Screen Gems publicity man Ed Justin came up with the idea for the Monkees' guitar logo and paid Nick LoBianco, lunchbox designer extraordinaire, $75 to illustrate it in 1966. Another Holist masterpiece, with the sweet touch of making the tuning pegs out of hearts. Just like life! The Monkees' comeback during the '80s was really bizarre in its intensity - but it happened during a time in which there was seemingly room for practically everyone on MTV, including The Monkees. They were the top concert draw of 1986. Take that, Bruce Springsteen! But, of course, like the Wacky Wallwalkers craze a few years earlier, over-saturation leads to stagnation and decline. Randi Massingill's biography of the band, "Total Control," is well worth a read. Monkee Mike Nesmith produced "Repo Man" and had no need to take part in reunions as such - his mom invented Liquid Paper!
Posted by David Cotner at 1:17 AM
Labels: Monkees
1 comment:
- Senor Pescador said...
one of my best friends Rick Klein R.I.P.
was their manager for years, great guy, he told me about this over beers as nmy neighbour he was in Playa san Diego El Salvador
- November 12, 2012 at 10:11 PM
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