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180 results within 15 milesWe only list professional counsellors
Cheryl Barthorpe MBACP (Registered) Professional Counselling Service
I am a fully qualified counsellor and a registered member of the BACP. I offer professional, confidential counselling within a safe and relaxed environment, and flexible appointment times.
Helen Peacock MBACP
I am a Person Centred Counsellor and work with adults and children in a non judgemental and non directive way. I aim to provide a safe environment in which to explore the issues which you feel are holding you back, working together to assist you in...
Lou Allen Counsellor MBACP, Registered, Accredited. Dip Supervision
Accredited Integrative Counsellor in Exeter with a background in Education & specialist training supporting children & young people, families, couples & bereavement. I offer an reduced price for the initial, no obligation appointment.
Steven Smyth-Bonfield
I am an experienced integrative counsellor based in Teignmouth and Shaldon, Devon and a member of the British Association of Counsellors and Psychotherapists. My aim is to support my clients' well-being and growth by nurturing their emotional...
Ruth Baker
Ruth is an experienced counsellor, psychotherapist, trainer, supervisor and coach. She works with individuals, couples and groups; with private individuals and organisations.
Shelagh Todd, BA; Dip Psychodynamic Counselling; MBACP
When you cannot solve your problem alone I can help you to identify underlying issues that you may not have noticed yet. Together we can try to make sense of what you are going through.
Andy Gibb
As a full time UKCP accredited psychotherapist, it is my intention to respect your individuality, support you in finding your own way of working and to meet your uniqueness without judgement. As your therapist it is my role to be a reflector and...
Annette Shipcott Registered Member BACP/Supervisor
Hello, if you are looking for value-for-money counselling or supervision, flexible appointments including some evening slots, within easy reach of Exeter, then please read on. I work with individuals,couples and offer Skype sessions too .
Hazel Maxwell-Payne
I am a fully Qualified Experienced Psychotherapuetic Counsellor and Supervisor. I am trained in all the NICE approved Treatments for Common Mental Health Problems. I am able to offer a professional counselling service for Individuals and Couples
Julie Carter Supervisor Counsellor NLP Practitioner & Life Coach
Sometimes we experience challenges within our lives which leave us in conflict with ourselves and others, that no matter what we do to try and change things we end up with "here we go again"I can help you identify and understand your thoughts,...
Felicity Weir MA MACP TQAP
I am A Psychoanalytic Psychotherapist trained at the Tavistock Clinic in London . I have over twenty years experience in the NHS and Private Practice in providing Consultation/Assessment to think about the most relevant treatment approach, this...
Donna James Registered MBACP, MBPsS, BSc (Hons), BEd (Hons)
Feeling overwhelmed or alone with your struggles? You need someone impartial, sensitive and professional to confide in, and a safe confidential space. I will calmly help you make sense of whatever you bring and find a way towards positive change and...
Julia Holden UKCP accredited counsellor
Counselling really can help you to make a change in life particularly when you feel stuck and alone with your problems and stresses.Close to Exmouth and Budleigh , in lovely calm surroundings I offer a range of therapies and many years of experience.
Ruth Baker BSc Hons Psych, MA, Adv Dip Couns Totnes,Exeter,Torquay,Newton Abbot
I am an experienced counsellor, psychotherapist, trainer, supervisor and coach.I work with individuals, couples and groups .I do long and short term work. Privately and with organisations.
Becky Whittaker - Registered MBACP Adv. Dip Couns
I work in a confidential, warm and supportive way. I am a registered BACP member and abide by their code of ethics. I meet you with warmth, honesty and respect, exploring with you in a friendly and approachable way. Flexible appointments available.
Petrina Frost Registered MBACP Counsellor & Supervisor
A warm & experienced counsellor, offering day & evening appointments in a peaceful, private setting with on-site parking. I see individuals & couples as well as offering clinical supervision
Catherine Barrett Adv Dip Couns: Registered MBACP
Do you find yourself at a crossroads in your life right now, not knowing which way to turn? I offer a fresh and modern approach to counselling. I provide a safe, confidential, non-judgemental and emotionally supportive therapeutic relationship where...
Angela Derrick. Dip, Therapeutic Counsellor. Reg. MBACP
Qualified, Registered BACP member. Individual/Couple Therapy. I see you as an individual in a non-judgemental, Empathic, Person Centerd approach. YOUR ISSUES MATTER! I offer a safe environment to explore/understand your present difficulties.
Veronica Murray Stanbridge, Integrative Psychotherapist, UKCP
I am a fully qualified integrative psychotherapist with 16 years Of experience. In my practice in Maidencombe, I offer a confidential and reflective space for you to explore the emotional and psychological difficulties that may have arisen in your...
Emily Knill Counsellor MBACP Adv Dip Couns
The fact you are reading this indicates that there is something you want to change, be it a feeling, relationship, issue or behaviour. Counselling can feel like an unknown and taking the time to talk about yourself can feel very strange at first. I...
Sally Woodhouse, Adv Dip Couns., MBACP
Is it time for change? Are you struggling with relationships? Maybe you are going through a difficult time at the moment or you have in the past and unresolved feelings are making life challenging now. I understand that the decision to undertake...
Patricia Taylor MBACP
I offer safe, confidential counselling to adult individuals. My practice is home based, private and secure in a pleasant location with ample parking.
Jane Alison Mason - MBACP Registered
Hello I'm Jane and I am an integrative, person centred counsellor based in Kingsteignton near Newton Abbot.If you are looking for a friendly, welcoming person, who will treat you with respect and honour whatever you wish to talk about in...
Julie Wyman MBACP (Accred) ;NLP Life Coach; Supervisor
Julie Wyman is a qualified, accredited counsellor, counselling supervisor and NLP life coach whose way of working is warm, intuitive and practical. Using techniques adapted from therapeutic approaches such as TA, Gestalt, CBT and NLP underpinned by...
Sue Nicholls Registered Counsellor MBACP
Would you like to talk to someone about what is bothering you? Would you like to be able to say exactly what you want to without anyone judging you or telling you that you shouldnt feel that way? I can provide counselling on a one to one basis which...
Mandy Colwill
Hi my name is Mandy Colwill and I am an accredited member of BACP and have been a qualified, practising counsellor for over 10 years. I have been working within the NHS for many years providing counselling to GP surgeries which has given me a wide...
Marje Bryant MBACP Accred
I am a highly experienced counsellor and therapist having worked for over 20 years in a variety of settings. I work with men and women, young and old, both long and short term, with those who feel unhappy to those who have a diagnosed mental health...
Justin Haden
I believe we are born to grow – not just physically, but for our whole selves to develop into our potential. Things happen in life – past events or current circumstances – that affect us and seem to get in the way of us moving on...
Bev Jackson MBACP
Welcome. As a fully insured member of BACP, I am a qualified humanistic counsellor, offering flexible appointments, including evenings in Brixham or Newton Abbot. Arrange a free initial session to decide whether I am the right counsellor for you.
Anne Ashton, Registered MBACP (Accred), Dip Supervision, Dip Life Coaching
I tailor my service to suit the needs of my clients and have a wide range of training and experience so can offer a variety of approaches to ensure that you are treated as an individual and can flourish and resolve any difficulties you bring to...
Dartmoor Centre For Counselling & Psychotherapy CIC
Dartmoor Centre for Counselling CIC (DCCP) is a not for profit community interest company. We are an organisational member of BACP and abide by their Framework of Ethics.We provide counselling for individuals and groups, for adults, children and...
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Shooting and showing Smith & Wesson's new M&P defensive pistol, the Shield. I get so involved shooting and blabbing that I forget to shoot the hollowpoints I have there on the table. :-) I did shoot a magazine of them the day before, and they functions fine. Also, since I forgot to shoot them in this video, you will DEFINITELY see me shoot some of them in the "Shield Close-up" video. They feed fine, though. By the way, the Shield does not have a magazine disconnect. Forgot to mention that. http://www.talongungrips.com
Category: Uncategorized Uploaded: 04/23/2012

subset: commoncrawl


text: We have eaten brunch or lunch at Matthews several times. We always sit on the deck during good weather months & the trees give you shade which makes for a relaxing atmosphere. The service is usually good. The best item on the menu are the burgers, hands down they rock! Salads, sandwiches and breakfast are good too. Good drinks &... More


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January 4, 1955
BORON, APPELLANT,v.SMITH.
Appeal, No. 337, Jan. T., 1954, from decree of Court of Common Pleas of Clearfield County, April T., 1953, in Equity, No. 1, in case of Joseph M. Boron, trading as Boron Brothers Coal Company v. Ralph A. Smith et al. Decree affirmed.
Sebastian C. Pugliese, with him Walter M. Swoope, F. Cortez Bell, Sr., F. Cortez Bell, Jr., and Bell, Silberblatt & Swoope, for appellant.
Joseph S. Ammerman, with him John M. Urey, Donald R. Mikesell and Urey, Ammerman & Mikesell, for appellees.
Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.
[ 380 Pa. Page 100]
The questions of law raised on this appeal are both procedural and substantive. Logically, we shall treat first with the matter of procedure. However, a recital of material facts is essential to an understanding of all of the problems presented.
Joseph M. Boron, the plaintiff, became the lessee of certain coal lands of the defendants under written lease executed on January 7, 1942, for a term of ten years. The lease conferred on the lessee the right to mine and remove the coal at either of two fixed royalty prices (depending upon whether the coal was mined by the stripping method or by the drift method) with a prescribed annual minimum royalty payable in monthly installments. The lease also conferred on the lessee "the right and privilege ... to renew the same for a further term of ten (10) years at the expiration of the ten year term herein provided for. Providing [the lessee] ... shall give the lessors, or their agent, Alta L. Smith, six (6) months' written notice prior to the expiration of the term herein provided for of his desire and intention to renew this lease."
The term of the lease having expired without written notice being given the lessors of the lessee's desire and intention to renew the lease for another ten-year term, the lessors repossessed themselves of the coal property and made a lease thereof to other persons. More than a year after the expiration date of the
[ 380 Pa. Page 101]
lease, Boron instituted the present suit in equity. He sought thereby to enjoin the defendants from interfering with his alleged rights under the lease of January 7, 1942, and demanded damages and an accounting. In his bill of complaint, he averred that the lease of January 7, 1942, had been renewed for another ten-year term in the following manner: "That before said time set forth in said lease for renewal of said lease the question of renewal was discussed with Lewis Smith, one of the lessors. Lewis Smith stated to the plaintiff that the other lessors would consent to a renewal and there would be no need to give a formal written notice of the renewal." He further averred that he had paid by check to Alta Smith, the lessors' agent, the minimum monthly royalty of $50 for the first month, viz., January 7, 1952, to February 7, 1952, of the allegedly renewed term of ten years. Notably, the plaintiff failed to aver any authority in Lewis Smith from his co-lessors to change the requirement of a written renewal. And, nowhere did he aver that he had served on the lessors a written notice of his desire and intention to renew the lease of January 7, 1942, as required by the lease.
The defendants filed preliminary objections to the complaint, principally on the grounds that the plaintiff did not plead a written notice for the alleged renewal of the lease of January 7, 1942, or authority from the lessors to anyone to renew the lease by parol and that the check for $50 which the defendants' agent received from the plaintiff in January, 1952, was actually in payment of the minimum royalty due for December, 1951, the last month of the expired lease, as shown by the plaintiff's own letter of transmittal. The court overruled the preliminary objections with leave to the defendants to answer over. In their answer to the merits, the defendants denied, inter alia, that the
[ 380 Pa. Page 102]
lease of January 7, 1942, had ever been renewed or that the payment of $50 to Alta Smith in January, 1952, was in payment of the minimum royalty for the first month of a renewal term. They did admit, however, that the plaintiff was entitled to 90 days after expiration of the term within which to remove his property and equipment from the demised premises and stated that the plaintiff still had their permission, as of the time of their answer, to remove his property and equipment.
The plaintiff moved for judgment on the pleadings. After argument on the motion, the learned judge of the court below, in a thorough and well-reasoned opinion, entered judgment for the defendants. This appeal by the plaintiff followed.
The appellant contends that the court lacked power to enter judgment for the defendants on the plaintiff's motion for judgment in his favor on the pleadings. The contention is without merit. Under Rule 1034 of the Pennsylvania Rules of Civil Procedure, after the pleadings are closed, any party may move for judgment on the pleadings. And, if there are no unresolved issues of material fact, the court may proceed to the entry of a final judgment on the basis of the pleadings. Nor is it important to the ultimate decision which party moved for judgment. Subsection (b) of Rule 1034 provides that "The court shall enter such judgment or order as shall be proper on the pleadings." This has been interpreted to mean that "The judgment may be entered for or against any party without regard to whether he was the moving party": 2 Anderson, Pennsylvania Civil Practice, p. 549. We approve that conclusion. It would be irrational to deny judgment on the pleadings to the party rightly entitled thereto simply because he happened not to be the party who made the motion for judgment. Moreover, the present
[ 380 Pa. Page 103]
defendants questioned timely the sufficiency of the plaintiff's complaint by preliminary objections of which the judge then presiding made short disposition. When the plaintiff himself later moved for judgment on the pleadings, the question whether he had pleaded a valid cause of action necessarily recurred. Whether the complaint stated a cause of action was an inquiry essential to a consideration of the motion for judgment.
Coming to the substantive questions, the appellant argues that (1) the lessors waived written notice of the lessee's desire and intention to renew the lease and (2) the lease constituted a sale of the coal in place for all of which the plaintiff fully paid in royalties during the term and was, therefore, entitled to remove the remaining unmined coal after the expiration of the lease. Neither of these contentions is tenable. Not only did the complaint not aver any authority in Lewis Smith to consent in behalf of all ten lessors to a waiver of the written notice of the lessee's desire and intention to renew, which the lease required, but there is no averment that Lewis Smith assumed to do so. The lease provided that the written notice to renew should be served on Alta Smith, the specifically named agent of the lessors, and the complaint does not aver any change whatsoever in that provision. The $50 check in payment of the monthly minimum royalty which the plaintiff mailed to Alta Smith on January 19, 1952, was for the month of December, 1951, as the plaintiff's letter of transmittal expressly stated and was, therefore, for the last month of the expired lease and not for the first month of a renewal term.
Even if the plaintiff paid royalties (including the monthly minimums) during the term in an amount in excess of the total royalties due or to become due for all of the mineable coal in the leased property, still it
[ 380 Pa. Page 104]
was the plaintiff's duty to mine and remove the coal during the term of the lease. For, while the instrument granting the right to mine the coal in the lands of the grantors, even though denominated a lease, constituted a sale of the coal in place, the transaction was conditioned upon the coal's being removed by the grantee within the specified term of the lease: Shenandoah Borough v. Philadelphia, 367 Pa. 180, 186, 79 A.2d 433; and Estate of Lazarus, 145 Pa. 1, 8, 23 A. 372. The term of the lease was a limitation on the lessee's estate and was of the essence of the agreement: Denniston v. Haddock, 200 Pa. 426, 429, 50 A. 197. The appellant, not having validly renewed the lease, was without any right to mine and remove coal from the demised premises after the expiration of the fixed term.
The cases cited by the appellant are readily distinguishable. In Robinson v. Pierce, 278 Pa. 372, 123 A. 324, the agreement fixed no time limit for the mining and removal of the coal, while in Smith v. Glen Alden Coal Company, 347 Pa. 290, 32 A.2d 227, the demise extended until all the mineable and merchantable coal was removed. The case of Penn-Ohio Gas Company v. Frank's Heirs, 322 Pa. 233, 185 A. 280, involved a forfeiture of an oil and gas lease during its term because of the lessee's failure to pay royalties promptly. There was no question of forfeiture in the instant case - the lessee enjoyed the full term provided by the lease.
The decree is affirmed at the appellant's costs.
I consider the majority's decision very unfair. Plaintiff moved for judgment on the pleadings; the Court entered judgment for defendant without giving plaintiff an opportunity to amend.
[ 380 Pa. Page 105]
Plaintiff avers that defendants orally agreed to a renewal of the lease and to waive written notice of plaintiff's intention to renew the lease; and further, that plaintiff had paid defendants in full for all the coal in place, but had not been permitted to remove the coal for which it had paid in full. These averments in my opinion were sufficient to take the case to a jury.
Written notice of the termination or renewal of a lease may be waived either by a subsequent oral agreement or by the acts and conduct of the parties: Gold v. Fox Film Corp., 304 Pa. 114, 155 A. 287; Smith, Executor v. Snyder, 168 Pa. 541, 32 A. 64.
A summary judgment will be entered only in a case that is clear and free from doubt: Waldman v. Shoemaker, 367 Pa. 587, 80 A.2d 776; Kittaning Coal Co. v. Moore, 362 Pa. 128, 66 A.2d 273.
Even if plaintiff failed to specifically plead the authority of one defendant to bind his co-lessors, the objection thereto is highly technical, does not go to the merits, and could and would have been immediately corrected if an amendment had been permitted. Furthermore, even on the present pleadings the case for defendants is not clear and free from doubt. Even if the motion for judgment on the pleadings had been made by defendants instead of by plaintiff, the least that a Court, in the interest of justice and fair play, should do under the facts pleaded in plaintiff's bill of complaint, is to give plaintiff leave to amend.
I would reverse the decree of the Court below and grant plaintiff leave to amend its bill of complaint and allow a jury to decide the case on the merits.
Mr. Justice MUSMANNO joins in this Dissenting Opinion.
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento)
December 6, 2010
W.J. DEUTSCH & SONS, LTD., PETITIONER,v.THE SUPERIOR COURT OF SACRAMENTO COUNTY, RESPONDENT; RENWOOD WINERY, INC., REAL PARTY IN INTEREST.
W.J. Deutsch & Sons v. Superior Court CA3
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Real party in interest Renwood Winery, Inc. (Renwood), a vintner, sells wines under its own labels produced from grapes grown and harvested locally. Renwood entered into an exclusive marketing and distribution contract (the services agreement) with petitioner W.J. Deutsch & Sons, Ltd. (Deutsch), a national wine distributor. After the services agreement turned to sour grapes, the parties entered into a lengthy arbitration.
The arbitrator ultimately awarded Deutsch liquidated damages, other damages, and attorney fees. Deutsch filed a motion in the trial court to confirm the award. The trial court found the arbitrator exceeded his authority and granted Renwood's petition to vacate the award. Deutsch filed a petition for writ of mandate contending the trial court engaged in an impermissible review of the merits of the award, supplanted its own interpretation of the contract for that of the arbitrator, and incorrectly interpreted the contract. We agree and will grant the petition for writ of mandate, and issue a peremptory writ directing the trial court to annul its decision and conduct further proceedings consistent with the views expressed in this opinion.
Renwood produces and sells wine made from grapes harvested in Amador County. Deutsch is a national marketer, promoter, and distributor of wine, selling wine to other distributors, retailers, and restaurants.
The Services Agreement
In March 2006 Renwood and Deutsch entered into the services agreement in which Deutsch agreed to become Renwood's exclusive marketing and distribution service provider. Under the agreement, Deutsch would purchase specific Renwood wines.
Various types of wines were divided into four tiers, with different sales standards for each tier. The standards were based on Renwood's own prior sales of its products, with a yearly growth rate of 15 percent, compounded each year. Deutsch would market and distribute these wines across the country.
The services agreement defines the term "deplete" as "the sale of wine by a distributor to merchants that sell the wine to the final consumer." Deutsch would be required to "ensure that depletions of Contracted Products do not fall below 80% of the Tier Sales Standards."
The services agreement provided that its "Anniversary Date" was July 1, 2007, and each succeeding July 1. The agreement was for 10 years, in two successive five-year periods from July 1, 2006. However, the parties anticipated the agreement would be ratified prior to the anniversary date. Therefore, the agreement provided that its "Effective Date" was "April 1, 2006, so long as Authorized Execution of this agreement by all signatories . . . takes place by that date" and designated the period from the effective date to July 1, 2006, the "Transition Period."
The services agreement contains a section entitled "Transition Period," described as a period in which the parties would begin the transition in distribution, make appropriate announcements, and "commence performance of the obligations under this agreement."
During the Transition Period, the parties "will be bound by the terms of this agreement" and "will . . . commence performance of the obligations under this agreement." In addition, "all Tier Sales Standards and cure obligations/ guarantees will apply during the transition period" with three specific exceptions.*fn1
A cure procedure was set forth for failure to meet sales standards. Deutsch was required to purchase a certain amount of Renwood wine to make up for the shortfall. Under the cure requirement, Deutsch would purchase up to a level of 100 percent for Tier 1 and Tier 4 wines, and 85 percent for other tiers.*fn2
Under the services agreement, either party could unilaterally terminate if the other breached and failed to cure. The non-breaching party could recover damages for breach as well as attorney fees and costs. Either party could unilaterally terminate in the absence of a breach but would have to pay liquidated damages. The agreement mandated arbitration.
The Dispute
Unlike a fine wine, the parties' relationship did not age well. A dispute arose over Deutsch's obligation to purchase wine to cure shortfalls in depletions and the distributor's efforts to promote Renwood wines. Ultimately, Renwood terminated the services agreement, alleging fraud in Deutsch's reporting of depletions.
Renwood filed a demand for arbitration in June 2008, claiming breach of contract, breach of the covenant of good faith and fair dealing, promissory fraud, defamation, interference with prospective economic relations, unfair business practices, fraud, and declaratory relief. Deutsch filed a response, arguing Renwood terminated the services agreement without the required notice and opportunity to cure. Deutsch alleged breach of contract and requested liquidated and other damages. Months of discovery and an evidentiary hearing followed.
The Arbitration Award
In July 2009 the arbitrator issued an interim award. The arbitrator found Renwood unilaterally terminated the services agreement and awarded Deutsch damages. Renwood filed a motion to clarify the interim award, reopen the hearing, and correct the interim award. Deutsch filed a motion for attorney fees and costs.
The arbitrator issued a final award in October 2009. The arbitrator concluded the tier sales standards and cure requirements did apply during the Transition Period, beginning in April. However, the arbitrator stated it defied "logic and common sense" to apply the 80 percent depletion requirement as of that date.
Instead, the arbitrator determined the parties' services agreement required Deutsch to purchase wine to cure sales shortfalls under the tier sales standards on an annual basis, on June 30 of each year. Therefore, Deutsch had not breached the agreement by failing to cure sales shortfalls on a monthly basis. The 80 percent depletion rate was also measured on an annual basis, from July 1 through June 30 of each year.
The arbitrator awarded Deutsch liquidated damages of $739,253.00 and marketing contributions of $221,015.00, required Renwood to repurchase $1,089,359.00 in inventory, and awarded consequential damages of $36,396.00 and attorney fees and costs of $3,496,660.40, for a total of $5,582,683.40.
Petition to Confirm Award
Deutsch filed a motion in the trial court to confirm the award. Renwood filed a petition to vacate or, in the alternative, correct the award.
The trial court denied Deutsch's petition to confirm the award and granted Renwood's petition to vacate or, in the alternative, correct the award. The trial court reasoned: "An arbitrator exceeds his or her authority when the arbitrator's construction of the agreement 'presents such an egregious mistake that it amounts to an arbitrary remaking of the contract between the parties,' with the result that the remedy awarded is not rationally related to the contract and therefore is outside of the arbitrator's authority. [¶] In the current action, the arbitrator interpreted the provisions regarding the depletion rate in such a manner that it amounted to a reformation of the terms of the Services Agreement. [¶] The Services Agreement's effective date of April 1, 2006, leaves no room for interpretation as to when the Service Agreement's obligations regarding depletion rates begins. Any interpretation of these provisions that does not contemplate the start time of April 1, 2006, is improper and is not rationally related to the language of the contract." The court found the arbitrator exceeded his authority in interpreting the services agreement.
The trial court's order was entered on January 26, 2010. Petitioner now seeks a writ of mandate directing the trial court to rescind its order denying Deutsch's petition to confirm and granting Renwood's petition to vacate, and further directing the trial court to enter a new order granting Deutsch's petition to confirm and denying Renwood's petition to vacate. Having issued an alternative writ, we will grant the petition for writ of mandate.
With limited exceptions, an arbitrator's decision is not generally reviewable for errors of fact or law, whether or not such an error appears on the face of the award and causes the parties substantial injustice. (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 6 (Moncharsh).) This rule recognizes the parties' contractual choice of an arbitration forum over a judicial forum. (Id. at pp. 8-11.) However, California law allows a court to correct or vacate a contractual arbitration award if the "arbitrators exceeded their powers." (Code Civ. Proc., §§ 1286.2, subd. (a)(4), 1286.6, subd. (b).)
In Pacific Gas & Electric Co. v. Superior Court (1993) 15 Cal.App.4th 576 (Pacific Gas & Electric), we considered just what sort of arbitration decision would invoke the limited exception to the general rule against review. We determined that arbitrators do not exceed their powers merely by mistaking the law. (Id. at p. 588.) As we noted: "The purpose [of arbitration] would be wholly frustrated if the legal merits of the arbitrators' decision could be visited anew in the superior court followed by yet another appeal. That would add a layer of litigation not available in the judicial forum." (Id. at p. 589.) In addition, errors of fact are not reviewable, nor can a litigant claim the evidence was insufficient to support the factual findings of the arbitrators. (Id. at pp. 589-590.) We concluded that where an arbitration claim is tendered, the appropriate standard of review is whether the application or construction of the contract presents such an egregious mistake that it amounts to an arbitrary remaking of the contract between the parties. (Id. at pp. 592-593.)
A year later, the Supreme Court in Advanced Micro Devices, Inc. v. Intel Corp. (1994) 9 Cal.4th 362 (Advanced Micro) set forth the standard by which courts are to determine whether a contractual arbitrator has exceeded his or her powers in awarding relief for breach of contract. Under this standard, in the absence of more specific restrictions in the arbitration agreement, "the remedy an arbitrator fashions does not exceed his or her powers if it bears a rational relationship to the underlying contract, as interpreted, expressly or impliedly, by the arbitrator." (Id. at pp. 367, 381.)*fn3 The arbitrator's award "will be upheld so long as it was even arguably based on the contract; it may be vacated only if the reviewing court is compelled to infer the award was based on an extrinsic source." (Id. at p. 381.)
Here, the arbitrator and the trial court disagreed over a single term of the services agreement between Deutsch and Renwood: the time period during which the depletion rate was to be measured. The arbitrator determined the depletion period should be measured from July 1 through June 30 each year; the trial court disagreed and found the depletion time period began on April 1. We must determine whether the arbitrator's calculation of the depletion period bore a rational relationship to the contract between the parties. If so, the trial court erred in finding the arbitrator exceeded his authority; if not, the trial court correctly vacated the arbitrator's award.
The services agreement on the subject of depletion simply states: "Deutsch will ensure that depletions of Contracted Products do not fall below 80% of the Tier Sales Standards." No time period is specified.
During argument on the motion to vacate the arbitration award, the trial court stated, regarding the depletion time period: "I must say that I am loathe [sic] as a judge of the Superior Court to interfere with the actions of the arbitrator in this case. But from my reading of what's happened, this is a manifest injustice." However, this type of judicial rationale is exactly what the Supreme Court has warned against.
To the extent the trial court sought to reject the arbitrator's finding based on substantial injustice, the ruling is at odds with the holding in Moncharsh. As the Supreme Court explained, "an arbitrator's decision is not generally reviewable for errors of fact or law, whether or not such error appears on the face of the award and causes substantial injustice to the parties." (Moncharsh, supra, 3 Cal.4th at p. 6.) The arbitrator's findings must be upheld if they are rationally related to the agreement. In addition, the "power to construe matters within the range of ambiguity of the [contract] language and evidence of the surrounding circumstances is assigned, with finality, to the arbitrator." (Pacific Gas & Electric, supra, 15 Cal.App.4th at p. 594.)
There is nothing manifestly unjust about the arbitrator's ruling in the present matter. The services agreement's silence as to the time frame for measurement of the 80 percent depletion obligation created an ambiguity. The arbitrator considered the agreement and determined: "It is true that the Service Agreement provides that the effective date of the agreement is April 1, 2006. It is also true that all Tier [S]ales Standards and cure obligations guarantees apply during the transition period. Nevertheless the contract fails to specify that measurement, of compliance with the Tier Sales Standard 80% depletion requirement on annualized basis, commences with the transition period. [¶] By its essence a transition period is a period not included in other periods and by this Services Agreement it was defined as the period between April 1, 2006 and July 1, 2006. It defies logic and common sense to commence the period of measurement of compliance with the 80% depletion requirement of the Tier Sales Standard with the Transition period, which was treated separately from other periods by the Services Agreement. The Arbitrator finds that the proper period for measurement of compliance is the period from July 1 through June 30."
Deutsch argues the evidence at trial showed that the Transition Period was a period when many of Renwood's pre-existing distributors were being terminated and replaced with distributors selected by Deutsch. Deutsch had no control over the sales of outgoing distributors because the wine held by them was not purchased through Deutsch. Thus, it would indeed "def[y] logic and common sense" to apply the 80 percent depletion requirement to a sales period over which Deutsch had little control.
The trial court disagreed with Deutsch and with the arbitrator's interpretation of the services agreement, finding the compliance period should begin on April 1. Our role is not to determine whether the arbitrator's interpretation of the agreement is correct. A provision requiring arbitrators to apply the law leaves open the possibility that they are empowered to apply it "wrongly as well as rightly." (Cable Connection, Inc. v. DIRECTV, Inc. (2008) 44 Cal.4th 1334, 1360 (Cable Connection).)
An agreement between parties to arbitrate ordinarily confers upon the arbitrator the power to decide any question of contract interpretation or general law the arbitrator deems necessary to reach a decision. Concomitant with this power is the possibility the arbitrator may err in deciding some aspect of the case. However, arbitrators do not ordinarily exceed their powers simply by reaching an erroneous conclusion on a disputed contractual provision. In the end, the arbitrator's resolution of disputed issues, including contract interpretation, is exactly what the parties bargained for when they agreed to arbitration. (Cable Connection, supra, 44 Cal.4th at pp. 1360-1361.)
What we have before us is a disagreement over the timing of the 80 percent depletion requirement. In determining the period to be July 1 through June 30, the arbitrator noted the services agreement provided for an anniversary date of July 1, Renwood's fiscal year is July 1 through June 30, and the Tier Sales Standards sales obligation that underpins the 80 percent depletion requirement is measured from July 1 through June 30. In contrast, as the arbitrator noted, the Transition Period is treated separately in the agreement.*fn4
Our review of the arbitrator's findings reveals they were rationally related to the services agreement and not based on an extrinsic source. (Advanced Micro, supra, 9 Cal.4th at p. 381.) Therefore, the trial court erred in granting Renwood's petition to vacate the award. The arbitrator's award should be reinstated.
The petition for writ of mandate is granted. Let a peremptory writ issue directing the trial court to annul its decision and conduct further proceedings consistent with the views expressed in this opinion. The alternative writ, having served its purpose, is discharged. Deutsch shall recover costs in this original proceeding. (Cal. Rules of Court, rule 8.493(a)(1)(A).)
We concur:
BLEASE , Acting P.J.
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Jewel Match HD
By Big Fish Games, Inc
Open iTunes to buy and download apps.
This mesmerizing game will make you a hammer-wielding, jewel-smashing enthusiast before you know it! Align the colorful, dazzling jewels and break them out of their sturdy gold boxes. The 150 levels and two difficulty settings will keep you coming back for even more matching-madness. You'll have a hard time breaking this habit!
*** Features ***
• Enjoy the match-making madness!
• 150 levels to match your way through!
• Mesmerizing gameplay
• Can you make a perfect match?
NOTE: For the best experience, we recommend setting your device to display in English or another supported language while playing this game.
*** Discover more from Big Fish! ***
Check out our entire game library with our Game Finder app here: http://bigfi.sh/bfggamefinder
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Big Fish is the leading global marketplace to discover and enjoy casual games. You can enjoy our virtually endless selection of games anytime, anywhere — on your PC, Mac, mobile phone, or tablet. Learn more at bigfishgames.com!
Become a fan on Facebook: http://www.facebook.com/BigFishGamesMobile
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iPad Screenshots
Customer Reviews
I like it
i think the graphics are really pretty. you can play timed and untimed. the board shifts and moves. For those that don't like moving boards you may have a problem with. but you can also tap the screen so all of it fits on the screen or choose to make it bigger and have it float and move. you can choose to have slow, medium and fast as to how you want the jewels to react to touching and matching. you match 3 to remove the background and clear the spaces. i've played 11 levels and bought. there will be a sequel Jewel Match 2 later.
Used to play this on my PC
I used to play this game for hours on my PC and always loved it; I have always thought it was a very relaxing and entertaining game. However, I find this version for my iPad very annoying in that it constantly zooms in whether I want it to or not - and mostly I don't. I pinch it to bring it back out and two or three moves later, zoom back it it goes. Very, very annoying. On the iPad there simply is no need in the early stages to be zoomed in like that - I'm not blind and I think it should be left to the discretion of the gamer whether they want to move the puzzle or not. I haven't bought it yet, just been playing the trial, and because of this I'm not sure whether I will make this purchase.
You've ruined this for me
Judging by so many other reviews, I see you don't bother to even read these. So many complaints of crashes and problems with level 53. I am disappointed by ever one of your games anymore. This will be the last I ever play from you, especially if you don't fix this one. I was excited to find this, I've loved this game for years. It's almost the same, except to play on relaxed mode you have to unlock the level with the timed mode. I really hate that. I'm stuck on level 53 because it crashes when I win on relaxed mode, and there is no way 7 minutes is enough time to beat it. Frustration does not equal a good, challenging game. I never had a difficult time in other versions.
- Free
- Category: Games
- Released: Jul 31, 2013
- Version: 1.0.0
- Size: 113 MB
- Languages: English, Dutch, French, German, Italian, Spanish
- Seller: Big Fish Games, Inc
- © 2012 Big Fish Games
Compatibility: Requires iOS 5.0 or later. Compatible with iPad.
Top In-App Purchases
- Full Game Unlock$2.99


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Militants of the Niger Delta Avengers in their determination to get the government to meet their demands, have blown up trunk lines belonging to Agip and Shell.
NDA struck early Saturday, May 28, in Bayelsa state, blowing up trunk lines belonging to the Nigerian Agip Oil Company (NAOC) and Shell Petroleum Development Company (SPDC).
Vanguard reports that the group in a tweet revealed that its strike teams, in the early hours of today blew up trunk lines belonging to NAOC and SPDC. "At About 2.15am on Saturday the @NDAvengers blow up Nembe 1, 2 and 3 Brass to Bonny Trunk Line belonging to Agip and Shell,"
The NDA stated in a tweet. The NDA has threatened to do something that will shock the whole world. In a series of tweets, the militants revealed that they blew up another oil pipeline belonging to the Nigerian National Petroleum Corporation (NNPC) on Thursday, May 26, which they claimed was heavily guarded by the Nigerian military.
The group also blasted the Niger Delta stakeholders over the meetings they held in the region, stating that they want a sovereign state and not pipeline contracts. In a related development, soldiers invaded Oporoza, the traditional headquarters of Gbaramatu kingdom, at about 1.52 am, this morning and were still laying siege to the community as at 8am.
READ ALSO: Troops Ambushed Boko Haram, You Wont Believe What They Found (PHOTOS)
The soldiers, who came in no fewer than seven gunboats, allegedly beat up residents, including an octogenarian community leader, Chief Atiti Mala, with the butt of a gun. "They were asking the helpless villagers to produce former militant leader, Government Ekpemupolo, alias Tompolo, and members of the Niger Delta Avengers," a youth leader told the newspaper on phone.


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How many miles? 290 Miles / 466 Km
How many times? 4 hours 30 mins
Distance from Livingston, MT to Chinook, MT is 290Miles or 466 Km. You can get this distance about 4 hours 30 mins. If you want to planning travel with plane for 212 Miles or 342 Km, You can get this distance about 57 mins .
A car with an average MPG will needs 13.43 gallons of gas to get the route between these points.
The estimated cost of gas to get between Livingston, MT and Chinook, MT is $30.49.
During the route, an average car will release 263.12 pounds of CO2 to the atmosphere. Your carbon footprint is 0.91 pounds of CO2 per mile.
* Average US MPG used for calculations is 21.6 MPG.
* Average US gas price used for calculation is 2.27 per gallon.
* Coordinates of Livingston, MT is 45.6614204, -110.5599873 and coordinates of Chinook, MT is 48.589909, -109.2312338
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Houston Woman Gets 40 Years After Daughter's Body Found In Fridge
Amber Keyes tried to conceal her daughter's death after the 9-year-old girl died of malnutrition and dehydration.By Matt Picht | August 5, 2016
A Texas woman has been sentenced to 40 years in prison after her daughter's body was found in a refrigerator.
Amber Keyes says she found 9-year-old daughter Ayahna Comb unresponsive back in January 2014. She concealed the death for months by hiding the girl's body in her refrigerator. She pleaded guilty to a charge of injury to a child by omission last year.
SEE MORE: SC Mother Accused Of Poisoning Baby With Salt, Charged With Homicide


text:
Crockin' Pumpkin Spice Latte
Apple Butter
Apple Butter – Simple recipe to make in the slow cooker
Hot Chocolate
Hot Chocolate – Cook hot chocolate in the slow cooker for a delicious treat on those cold days
Amish Pot Roast
Amish Pot Roast
Cook Time 2 hrs
Temp High
Warm up with this delicious Pumpkin Spice Latte, the official drink of fall. And yes, it's made in the slow cooker!
- 8 Cups Milk
- 6 Cups Strongly brewed coffee
- 1 Cup Sugar
- 1 Teaspoon Pumpkin pie spice
- 1 Cup Canned pumpkin
- 1-2 Tablespoons Vanilla
- Whip Cream and cinnammon for topping
Step One
Combine all ingredients (minus whip cream and cinnamon) into slow cooker and whisk together.
Step Two
Set on HIGH for two hours. Serve warm with a dollop of whip cream and sprinkle of
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Is this attraction a good picnic spot?
Does this attraction provide visitors with a taste of the local culture?
Does this attraction require above average amounts of physical activity (long walks, climbs, stairs or hikes)?
Does this attraction have good scenic or skyline views?
Is this attraction suitable for all ages?
Is this attraction pet friendly?
Would this be a good sunny day activity?
Would this be a good hot day activity?
Is this an outdoor attraction or activity?
Does this attraction involve animals?
Thanks for helping!
Great park to wander round. Lots of different plants to see and the odd squirrel or 2. Play park was good fun for the kids and they loved running round the bandstand too.
Good park, very close of Leamington, there are playing grounds for kids, and even now a skate park, very nice to walk in if the weather is nice.
Victoria park is a wonderful place for families and more mature couples or individuals, wide open spaces for picnics and games, Tennis courts etc.
Fun for ALL the family.
The park itself is spacious , many dog walkers go there & there is a good playground & kiddies park sectioned off. Plus big paddling pool in the summer.
It has a lovely cafe, but disappointed to find it only seems to open when the National Bowls Tournament was here August /September, cannot understand how it is not open many...
Spent an hour at the park,they have a pool and play area for children
little cafe,lovely views around the park, nice place to have a picnic
The park is well kept...I spent most of my time here on one of the 5 bowling greens...riverside walks are particularly pretty. The bandstand area is well looked after with little evidence of litter.
great place for all ages
families with young children have lots of free activities to chose from
sports people well catered for
the bowling greens are used for the national finals so are of an excellent standard
On a sunny day, there is no nicer place to be. Very good playgrounds and high maintenance levels. Excellent !
Really nice bowling greens. Lovely setting and cheerful staff in the cafe and bar. Would really recommend it to any visitors for the bowling championships.
Has a pathway all around so is great for jogging, cyclining etc. There are tennis courts and a play area too, giving kids a wonderful, non-technological space to explore, play and run...just as they should do!
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On Second Thought is a one-hour, daily news talk show that airs at 9 a.m. ET weekdays.
Celebrate the groundbreaking band's musical milestones with special guests Vince Gill, Alison Krauss and more. Saturday, December 3 at 7 PM
High School Football is Back, and so is Football Fridays on GPB!
The long wait is finally over. Yes, I went to some spring practices. Sure I checked out some 7 on 7 action this summer. Of course I... MORE
GPB Passport is the new member benefit that provides you with extended access to an on-demand library of quality local and national public television programming, including tens of thousands of hours of your favorite programs.
Georgia is home to some of the largest corporations in the world; Coca Cola, Home Depot, UPS to name a few.Our state is also a growing center of manufacturing with small entrepreneur-led companies...


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1bedroom, 1 bathroom, sleeps four using sofa bed
St Giles Street is B-listed (a building of importance to national heritage) in the Conservation area of the Royal Mile. This 1 bedroom, 3rd floor apartment is in a prestigious position on the corner of St Giles Street and The Royal Mile, with astounding views of the adjacent St Giles Cathedral and up the Lawnmarket (top end of the Royal Mile) to Edinburgh Castle 250 m away.
The apartment is only a few minutes walk from many other major attractions such as the Royal Scottish Museum and the National Gallery of Scotland. There is also a copious amount of bars, restaurants, cafe's and shops in the immediate area. The apartment is furnished and decorated to a high standard and is a very comfortable base for your visit to Edinburgh. Please note a minimum two-day rental rate will apply. No pets or smoking are permitted. This apartment benefits from free broadband for guests who have the technology to utilise this, including wireless devices.
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Located right on the world famous Royal Mile in the centre of Edinburgh, with magnificent views up the Royal Mile towards the Castle 250 m away.
Rental rates
- Holiday rentals cannot accurately display the duration based discount scheme operated. The longer you stay at our apartments the more you save! 3 nights 15%, 4 nights 20%, 5 nights 25%, 6 nights 30% & 7 nights or more 35% , minimum stay 2 nights prices from 200 pounds + depending on season and length of stay. Minimum booking period during Edinburgh festival is 7 nights but will drop down again once larger bookings have been archived. Minimum booking over new year period is 4 nights.
The prices displayed are the minimum payable for this property, please get in touch for an accurate quotation.
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Property Type
- apartment
- Historic
- Luxury
- Broadband Access
- Fireplace
- Heating
- Internet
- Linens Provided
- Sofa Bed
- Towels Provided
- Tumble Dryer
- Washing Machine
- Wireless Internet
- 4 Ring Stove
- Freezer
- Grill
- Microwave
- Refrigerator
- Dining Area
- CD Player
- DVD Player
- Radio
- Satellite / Cable
- Stereo
- Television
- Video Player
- Long-term Renters Welcome
- children welcome
- non smoking only
- pets not allowed
- not suitable for elderly or infirm
- wheelchair inaccessible
Location Type
- city centre
Leisure Activities
- walking
Sports & Adventure Activities
- cycling
- fishing
- golf
- roller blading
- swimming
Floor Area
- 57 m²
- Bathroom
- 1 Bedroom, Sleeps 4
- Bedroom - 1 Large Double Bed, 1 Sofa bed/Futon
- 1 5ft wide bed plus sofa bed..
- Self-catering
- Lounge has a DVD system with a selection of movies and music CD's. Only suitable for elderly or infirm if they have no difficulties with 3 flights of stairs. The apartment has a washer/dryer machine. Sleeps four using sofa bed in addition to bedroom.


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For commision info: note me or email me at firstname.lastname@example.com
For commision info: note me or email me at firstname.lastname@example.com
I'm back from PolyJam in Warsaw, we made a great game in just 48 hours! I was working with such a wonderful people, we were so motivated and excited about the project that we barely slept during 3 days (and nights) of event.
Check out the game! globalgamejam.org/2016/games/g… You can download it and see the rest of the team there.
I was working on characters and I animated them. Coloring and awesome bgrounds were made by Bloodcorvus. I'm also admiring the programmers work. They made it all work! Our musician CaglarSahin who we met on this event,made magic, creating a battle theme and all music for the game from scratch. He also added all kind of soundeffects and made it possible for us to use voiceacting. Actually the voiceacting session was one of the most funny part, we were sitting in the corridor, screaming and acting, trying to make sounds we could use in the game. I did the voice of the godess- I'm so excited about that! (I was told that my accent sounds like Tali from Mass Effect, it made my day XD). We won the special reward for well-executed game : >I'll add some of the animations on my blog soon!-> pastwiska.tumblr.com/


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Gia by Westside Navy Victoria Top
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- With layering being the key to effortless everyday outfits, this navy Victoria top by Gia is the perfect pick. Rendered in a soft fluid fabric that ensures comfort, this top features a floral printed base and is finished with an attached tab-sleeved navy cover up.
- Fit - Regular fit
- Color - Navy
- Model fit - Model is 5'10"/178 cm and is wearing a small
- Wash Care - Machine wash
- Fabric - 100% Viscose
- Product Listing Id :MP000000000425925
- An order, once placed, can be cancelled until the seller processes it.
- This product can be returned within 0 day(s) of delivery, subject to the Return Policy.
- For any other queries, do reach out to CliQ Care at 1800 208 8282 or email@example.com


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6 posts tagged with comedy and comedies.
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Not-so-problematic comedy film suggestions?
My guy and I are going through a time that features us both facing real-life hard times. The struggles are temporary and we'll be okay. Never, though, have we faced so clearly our need for comedy movies that aren't bad to some people. Can you help us with light-hearted stuff that will distract us a bit when we need that? [more inside]
Sweet and funny movies for my sweet and funny boyfriend.
I need recommendations for movies or shows to watch with my boyfriend, specifically lighthearted goofy comedies and musicals. [more inside]
A movie/series like Iannucci's "In The Loop"?
Help me find a movie or TV series like In The Loop or Four Lions (thanks askme, for that one!). [more inside]
I like to watch.
Help me put together a fun YouTube playlist for a casual small party environment. Funny, short, smart. [more inside]
Is there life after 'I Now Pronounce You Chuck and Larry'?
In light of the horrendously awful "I Now Pronounce You Chuck & Larry," are there any GOOD (i.e. both funny and non-homophobic) comedies about straight people either having to pretend they're gay or, more generally, about straight people slowly but surely letting go of their prejudices towards LGBT people? [more inside]
Recommend some great comedies!
Cinephiles and Filmhounds! Recommend some great comedies for me based on what I already like... [more inside]
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We're solutions people. This means we'll listen to where you are now, and where you want to be, and come up with a commercially astute proposition that aligns to your business needs. So even though we could bombard you with some pretty impressive facts and figure like we're one of the top 10 industrial labour providers in the UK
and we cover more than 2 million shifts for over 1500 companies a year and our 200 specialist recruiters and brand managers, working across our 26 branches nationwide, generate a turnover exceeding £100million a year ultimately, they don't really mean a great deal.
What really counts is our first conversation with you!


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3 Bedroom House in Glenmore
Doreen Plint
Tyson Properties-Glenwood
Greg Rhodes-Jones
Tyson Properties-Glenwood
3 Bedroom House in Glenmore
Nestled at the end of a long panhandle newly tarred circular driveway, is this large tiled 3 bed L-shaped klinker brickfamily home. Large entrance hall, elevated, tiled lounge leads to a lovely patio overlooking the pool, separate diningroom. There is a double garage with direct access into the house. Separate internal laundry. Very spacious fitted kitchen. There are 3 carpeted beds with BIC's, main-en-suite has bath, shower plus family bathroom. This property has huge potential to develop the garden. Outside is a useful storeroom & double S/Q with gas geyser. Put your skills to work to create super veggie garden in the abundant space available, as the neighbours have done. With a little TLC this home could be something really special. Well worth viewing. Seller will consider offers.
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Experience Durban Central
Durban Central is a diverse, colourful neighbourhood that includes the beachfront areas, the Berea, Morningside, Glenwood, Musgrave and the CBD. The beach is the biggest attraction and locals flock the promenade to cycle, run, surf, swim, fish or just catch some sun. There are also incredibly lush parks and open spaces dotted around the neighbourhod for residents to take advantage of. The nightlife in Durban Central is exciting with numerous bars, pubs, restaurants and night clubs in close proximity to each other. As its name implies, Durban Central's location makes it convenient to get to any of the other areas around Durban.Find out more about Durban Central
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Will the "Immovable wall" Collapse Upon Ukraine?
28 December 2010, 09:42 | Comments | 0 | | Code for Blog | |
On 22 December, the Humanitarian Council attached to the President of Ukraine passed a decision to transfer the Cathedral of Sophia of Kyiv (beg. of the 11th century) to the reserve "Kyiv Cave Monastery." The council did not support the proposal.
That scant information, which "leaked" into the media, clearly defines the level of danger threatening the Ukrainian society: loss of another national shrine (territory of the Monastery of Sophia) and turning it into a closed clerical center, which will dispose of it at its discretion and will protect it according to its understanding and possibilities. That is exactly what we can see today in the Kyiv Cave Monastery, where even the hospital which is one hundred years old and was built at the expense of benefactors, "hinders" the monks and the museums were called "useless rubbish" to be thrown out to the street…
Inclusion of the question of the change of the status of the cathedral of Sophia, which would actually turn it into the cathedral of UOC-MP, in the agenda of the Humanitarian Council indicates that such a transfer is planned in the nearest future (on the next day after the session of the Humanitarian Council, the Synod of the Ukrainian Orthodox Church was held, which set up the Committee "On celebration of the 1000th anniversary of the Sophia Cathedral" with a symbolic simultaneousness). The discussion of the problem by an advisory body of the President of Ukraine is just a kind of an indicator of acceptance/non-acceptance of the idea at the level of representatives of the humanitarian sphere loyal to the authorities. However, the first "rolling" was unsuccessful even in this regard. And this gives a little hope that the activity of wide circles of public in discussing/counteracting of these plans can force the officials to change their intentions.
For I think that it is clear to everyone that after the transfer of all the buildings of the monastery to the Church, the reserve "Kyiv Cave Monastery" will become just a shield allowing to receive budget funds for the maintenance of the monastery. After the eviction of all the non-Church structures from the monastery and transfer of the central structures of the Ukrainian Orthodox Church to the newly-built cathedral complex near the underground station Lybidska, there will be no obstacle for the Moscow Patriarchate to proclaim the stauropegion (withdrawal from UOC and direct subordination to the patriarch) of the monastery. And that will mean (in the event of the transfer of the monastery to the reserve) the transfer of the Cathedral of Sophia to the "jurisdiction" of the Patriarch of Moscow…
The question of the status of the Cathedral of Sophia and reserve already has old history and several interesting open or hidden aspects:
For the first time, they began to talk in the independent Ukraine about the change of the status of the Cathedral of Sophia and its transfer to UOC-MP right after the first victory of L. Kuchma at the presidential election. The role of UOC-MP in the victory of the pro-Russian candidate (so he positioned himself during the election) was invaluable. Therefore, in addition to the whole Kyivan Cave Monastery, the clergymen asked also for Sophia. However the newly elected president had enough wisdom (and clever advisors) not only to preserve the monastery museums but also to defend the Sophia with the "national" status from further encroachments: "The state historic and architectural reserve "Sophia Museum" (city of Kyiv), to be hereafter called National Reserve "Sophia of Kyiv" (Decree 587/94 of 11 October, 1994).
For the second time, they began to talk about a possible transfer of the Sophia to the use of some Church when V. Yushchenko became the President of Ukraine. On the wave of the national-patriotic enthusiasm and ventilation of the idea of the necessity to institute in Ukraine the local Orthodox Church, several Churches at once expressed their wish to conduct services there from time to time (even alternating ones). However, even then, the workers of the museum and "adequate advisors" managed to persuade the leadership of the state not to turn the museum of the international level into one of the hundreds of Ukraine's monastery. In order not to provoke inter-church tension, even the "small" or "warm Sophia" (dining room near the main cathedral) was not passed to anyone for Divine Services. The "Status Quo" of the cathedral and reserve was actually preserved. Everything was reduced to conduction in the Cathedral of Sophia of "prayers for Ukraine" with the participation of the members of the All-Ukrainian Council of Churches and Religious Organizations and some other governmental events.
The present authorities are not willing to consider the experience of their predecessors. Last summer, we already had a lively discussion about the Reserve of the Sophia. The "feats" of our "mayor" with regard to development of the neighbourhoods around the reserve nearly led to exclusion of the monument from the list of YUNESCO. Against the background of that scandal, the request of UOC to allow daily prayers in the Sophia as it "first of all is a prayer house." was left unnoticed. But at that time, the social situation was politicized by the coming visit of Patriarch Kirill and therefore, the authorities decided not to make it even more tense. Even more so as Patriarch Filaret also sent a similar letter with a similar request. One should not forget that UGCC also claims services in Sophia as the church belonged to that Church for a long period of time…
However, the authorities have not forgotten about the request of UOC as to the Sophia but just postponed it till a more convenient time…
Preservation of monuments of the international level (Sophia has the largest compositions of frescos (3000 square meters) and mosaics 260 square meters) of the 11th century preserved in good condition) requires considerable expenses which can hardly be borne by any particular Church, even the largest churches, one of which UOC-MP positions itself to be. For example, the state regularly allocates funds (tens of millions of UAH) for repair works and maintenance of the monuments of the Kyiv Cave Monastery. However, can one say that everything that once was passed to the Church is preserved and in good condition? There are also irreversible losses: Yizhakevych's frescos, the lower gate, certain rebuilt buildings, relics of some saints, etc. And now, when the situation regarding the underground waters and collapses in the caves has deteriorated, the budget expenses will grow.
Let us not forget that UOC-MP conducts an enormous construction of its central cathedral and lacks funds for its realization. At least that is how the lobbyists of the Church explain their initiatives to annul the VAT for the contractors of the construction, allocate for that only 11 million from the budget of Kyiv, etc.
Do many people know that the main mosaic of the Church, the Mother of God-Oranta has come off on the wall for several centimeters? The daily resonance caused by the choir singing can deprive us of this masterpiece forever! Today, the reserve clearly regulates the number of the participants of the choir even at governmental celebratory events and the rare services there. Who will exercise such control, take similar prevention measures and be responsible for the condition of the "Immovable wall" which has protected Kyiv and Ukraine for a thousand years now?
According to an example of preservation by Orthodox fathers of a similar monument of the 12th century, St. Cyril's Church, which was once passed to the community of UOC, one can say that this mosaic icon will not remain "immovable" for long… –During the time of independence of Ukraine, over 150 wooden churches, monuments of architecture were burnt, thousands of icons were stolen including those which were once passed by the state to churches and communities. Strong responsibility is envisaged for that. But do we know many cases of imprisonment of priests or bishops for such sacrilege of the shrines.
The expenses of maintenance of the reserve will increase each year also because, let us not forget, it is located in the center of a large city. And that means aggressive urban environment, primarily, the air, the pressure of the neighbouring multi-storey buildings on the soil and rising of ground waters undermining the foundations, vibrations, etc.
Can the Cathedral of Sophia be separated from the complex of the reserve? Yes. But a person can be deprived of their heart as well. Will they live after that?
Information: до The National Reserve "Sophia of Kyiv" includes approximately sixty architectural-historical which are united in five museums: The Cathedral of the Holy Sophia (11th c.) and architectural ensemble of monastery buildings (18th c.) in its yard, Golden Gates (11th c.); St. Cyril's Church (12th c.), St. Andrew's Church (18th c.), the ensemble of monuments "Sudak Fortress" (6th-15th cc). cc.
The change of the current status of the Sophia of Kyiv, the separation from the National Reserve "Sophia of Kyiv" and its transfer to the Reserve "Kyiv Cave Monastery" is a hidden transfer of the cathedral to UOC-MP.
The activity of the National Reserve "Sophia of Kyiv" is regulated by several laws and by-laws and international obligations. By actually destroying the reserve, Ukraine will lose at the international level much more than it will gain from the "pleasant gift for the church's anniversary" to one of the Churches.
No Church in Ukraine is prepared to maintain monuments of the international level either from the technical or material viewpoints or as far as the level of "museum culture" of the potential overseers is concerned. There is the world's practice of preservation by the state of monuments like the Sophia of Kyiv. And many Churches put up with the fact that individual churches or monastery complexes are not passed to them: they have become a national heritage, a component of the national mentality…
The transfer of such monuments to Churches will mean that the Ukrainian tax payers actually have to pay for the maintenance of a religious building of one of the Churches. In other words, it is about non-intended use of budget funds in the conditions of the separation of the Church from the state.
The efforts of UOC-MP to use the political conjuncture and re-subordinate the cathedral will inevitably cause an increase of inter-Church and political tension in the society, make more complicated the state-confessional relations which are not brilliant as it is.
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Expert thought
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When I have been to L'viv, for example (and I am well aware that L'viv is not the whole of Ukraine!), I have been overwhelmed with a sense that the Church is alive and active among the people.
Last comments
- 1 December 2016, 11:06
З якого це часу Шевчук став "патріархом"?? Щось не пригадую такого указу з Ватикану.... |
- 30 November 2016, 16:37
Наскільки мені відомо, це гасло - "Україна понад усе" - є офіційним девізом телеканалу "5-й канал", що належить чинному президенту, а також Нацгвардії України. Дійсно: досить |
- 30 November 2016, 15:42
Це тільки для мене нонсенс?? Іконостас, увінчаний трибузом??? То хто тут є БОГ? Не дарма більшість послідовників УПЦ КП волають "Україна понад усе!" Тут Бог - це держава, а не Пресвята |
- 30 November 2016, 15:39
Розкольники храми захоплюють, а Турчинов заявляє немає конфліктів.....Хочеться запитати: а голова на плечах у вас взагалі є "слуги народу", ну будь те ж врешті-решт хоч трохи |
- 30 November 2016, 14:59
А откуда эта инфа, что ему (представителю "УПЦ" МП), дескать, "слово не дали"?! А он его просил? И вообще: присутствовал ли на этом "экуменическом партсобрании"? А вот |
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