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Kate Burton, 24, told the BBC they were treated well by their kidnappers during the two-and-a-half days they were held, but that her parents were "tired".
Their captors, a previously unheard of group called the Mujahadeen Brigades, released a video denouncing the UK and threatening to take more hostages.
The family, of Newbury, Berkshire, are in Jerusalem with UK consular staff.
Ms Burton told BBC correspondent Alan Johnston the family had been moved three times in two days by their captors, who remained masked throughout.
She spoke of her sadness that her parents had had such a "desperate experience" during their visit to Gaza, but said she hoped to continue her human rights work there.
Ms Burton, who works for the Palestinian Al Mezan Centre for Human Rights, also told the BBC Arabic service she and her parents had been held in Rafah, southern Gaza.
She added that she could not say a bad word about her captors, who always asked whether they needed anything.
The UK Foreign Office, who had a team of diplomats in Gaza, said it was pleased to confirm Kate, Hugh and Win (Helen) Burton had been freed and were "well and in good spirits".
"They are currently with officials in our consulate general in Jerusalem who are providing them with all necessary help and care."
Officials thanked those who had helped secure the family's release.
The Burtons' wider family in the UK said they were "overjoyed" to hear they were safe.
"We thank everyone who has worked so tirelessly towards this moment, especially Kate's colleagues and friends in Gaza who kept all our hopes up throughout this ordeal.
"We do not forget the wider situation in Gaza, but right now we are looking forward to being together as a family very soon," they said.
The Muslim Association of Britain, which was planning to send an emissary to Gaza to seek the family's release, said: "We are very relieved and joyful."
They said they hoped the same steps could be followed in Iraq, where Briton Norman Kember and his colleagues are still being held. There has been no news of the 74 year old since earlier this month.
The video apparently made by the Burtons' kidnappers and delivered to a TV company in Gaza on Friday evening, showed a masked gunman reading a statement while standing next to Ms Burton.
BBC correspondent Jo Floto said the statement, roughly translated, said the British government bore responsibility for what had happened to the Palestinians since 1918.
The previously unknown group made a list of demands and urged Britain to put pressure on Israel.
They said if their demands were not met they would capture international observers in the forthcoming elections.
They said they had freed the three Britons in what they described as a gesture of good faith.
Earlier Chief Palestinian negotiator Saeb Erekat told BBC News 24 he hoped this would be the last such incident, as kidnapping harmed the Palestinians' interests.
"I am happy this despicable and shameful act is over," he said.
Ms Burton's friend and work colleague Ghada Snunu said her role as international co-ordinator at the human rights centre was very important.
"She is responsible for contacting donors, writing reports to them, fundraising, proposal-writing and editing English documents.
"Losing her is losing something really very, very essential," she told the BBC.
Terry Waite, who was held hostage in Beirut for five years, told the BBC it would be a "very sad day indeed" if the kidnapping meant people like Kate no longer worked in the Palestinian territories.
Jocelyn Hurndall, the mother of student photographer Tom Hurndall who was shot dead by an Israeli soldier, also said the kidnappers had done a great "disservice to their cause".
She added: "Kate is exactly the kind of person who is needed in a place like Gaza."
Ms Burton, who speaks Arabic, French and Spanish, is understood to have been showing her parents around Rafah, near the border with Egypt, when they were kidnapped.
UK Muslim groups and the Palestinian Authority had condemned the kidnaps, and Palestinians had demonstrated to vent their anger at the abductions.


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- 47 total posts
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- 46 comments
Reviews & Stories
Wanna Get Rid of my Breast Implants , Germany
Hello, I´m a 32 year old woman from Germany and decided to get breast implants when I was in the young age of 22. I did not have any self confidence and felt not like a real women having these little breasts (not even an A-Cup). But I remember that they looked pretty. It was more the comments I got for example from my grandmother. She looked at me and said: "You have nothing under your ... READ MORE
Recent comments from catpower23
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subset: commoncrawl


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GotGigs? How many gigs are in YOUR pocket?
It occurred to me recently that most of us carry a fair about of memory devices around in our pockets, purses, and belts. I pointed out to Dinah at dinner recently my new 16GB thumb drive (Buy.com, $25). After making some sort of dirty crack, I realized that I typically carry around over 40GB of memory on my person (new 16gig thumb drive, old 8gig thumb drive, 1GB thumb drive on keychain, 16GB iPhone 3G, and my Treo has a 500MB flash memory card in it).


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Lacrosse news straight to your inbox.
Monday July 28th, 2014 7:00pm
(Inside Lacrosse Photo: Bosley Jarrett)
Maryland attackman/midfielder Connor Cannizzaro received his release from the Terrapin program and will transfer to Denver, coach Bill Tierney told Inside Lacrosse.
The Denver Post also reported Cannizzaro's transfer to DU.
Cannizzaro appeared in 17 games and put up 26 goals and eight assists. IL ranked him the 13th-best freshman earlier this summer, and he was IL's No. 8 recruit coming out of Cazenovia (N.Y.).
Cannizzaro's brother Sean just finished his junior season as a midfielder for the Pioneers and has put up 26 points in 45 career games.
"Both Sean and Connor mentioned that playing together was going to be nice, but it's not the primary reason [Connor transferred to Denver]," Tierney said. "The good news is that Connor's seen our program at work Sean's first two years, so he knew what we were about."
Cannizzaro joins a stacked offense that returns senior attackman Wesley Berg (48G, 20A), junior attackman Jack Bobzien (42G, 21A), sophomore attackman/midfielder Zach Miller (38G, 19A), senior middie Erik Adamson (44G, 8A) and sophomore middie Tyler Pace (26G, 11A).
"With Berg, Miller, Adamson and Bobzien, you've got a lot of pieces that can be used a lot of different ways in Matt Brown's offense," Tierney said of his offensive players' versatility.
Last week,Inside Lacrosse reported news of face-off specialist Kyle Rowe's move from Stony Brook to Duke, Danny Simonetti's transfer from Ohio State to Loyola and Aaron Madaisky's transfer from UMass to Michigan. On July 18, IL reported news of Dylan Maltz's transfer from Syracuse to Maryland.


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Zuni Fetish Turquoise Coral Turtle Signed Carl Estate
- Sold for: Start Free Trial or Sign In to see what it's worth.
- Item Category: Ethnic, Folk & Native American Art
- Source: eBay
- Sold Date: Mar 26, 2008
- Channel: Auction House
Zuni Native American Indian Green Serpentine Turquoise Coral Jet Turtle Fetish Signed Carl EstateThis wonderful green serpentine turtle fetish was carved by Zuni artist Carl Estate. The artist's initials are carved on the bottom of the turtle. The turtle measures 1 inch long, 1 inch wide and 3/8 inch tall. The turtle has a beautiful Zuni tuquoise, jet, coral design on the turtle's shell. T are also 4 turquoise inlay dots surrounding the Zuni design. The turtle has turquoise inaly eyes. A gift box is included with purchase. The turtle represents the oldest symbol of Mother Earth, a long and meaningful life. American Indians have used fetishes throughout history, especially the Southwestern Indians. A fetish is considered to have magical powers. You are welcome to email me an offer for any item and if the offer is accepted I will add that offer as a buy it now price. Buyer is responsible for contacting me within 48 hours of the end of the auction. Payment is due within 3 days of the auction for PayPal, 5 days for money orders, personal or cashiers checks. All items must be returned within 3 days to be eligible for a merchandise credit minus shipping and handling fee. Thank you. Whenever possible the item will be shipped within 24 hours of payment receipt. If I am on a buying trip t may be a 1-2 ... read more


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DD-50 Two Keg Commercial Beer Cooler
This sucker can keep 2 kegs cold at the same time! These kegerator (keg refrigerators) keep these cool while it attaches to an easy to use pump to fill up your cup. The nerd gods have shined their wisdom upon football jocks everywhere, show your gratitude and buy one of these things.
I'm sure by now, everyone has seen dip chillers, but this is a tea chiller! Now your freshly brewed tea can chill, without getting watery, until ready to serve
This is the best coffeemaker on the planet!Tags: kitchen, appliances, coffee, beer, electric, kits, brewing, coffee makers, spice grindersAdded 9 Years Ago from Amazon.com


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Blue Springs, TN, USA < change city >
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Ceremony Sites (9)
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See All Vendors >
DALTON WEDDING IN NOVEMBERNovember, 2009 in Dalton
"Our wedding was everything I hoped it would be! Getting married at Walnut Hill Farm was a blessing. The weather was perfect and the colors in the mountain view were amazing! All my vendors were awesome and I was very pleased with everything about my wedding. I think back to nothing short of pure happiness!"
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Ceremony: Walnut Hill Farm
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- Cakes/Candies Vendor: Lisa's Cakes
- Photographer: Beasley Photography
- Florist: Foster's Flowers
- Ceremony: Walnut Hill Farm
- Hotel: La Quinta Inns & Suites
Cakes/Candies Vendor:
Lisa's CakesDalton, GA, USA
Foster's Flowers2805 Cleveland Highway
Dalton, GA, United States
"Jimmy and Janie are the best! Great people and beautiful flowers! They did exactly what I asked for!"
Beasley Photography550 Bluebird Lane
Ringgold, Ga 30736, USA
"Greg and Angela were great! I interviewed ten photographers before I picked them. Pictures are the most important part of a wedding because those are your memories! I was more than satisfied with there work and they are great people!"
Walnut Hill FarmLee Bryant Rd NE
Dalton, GA 30721
"Wedding site of any brides dreams! As soon as I saw Walnut Hill Farm I knew that's where Chris and I had to be married! Everyone that saw it cried! It is breath taking! Nanette and Joe are sweetest people I've ever known and they do anything to make your wedding perfect!"
La Quinta Inns & Suites715 College Drive
Dalton, GA, United States
"The hotel was great to me and my guest! The rooms were very spacious and fancy. The people at the front desk were so kind to let me put my guest gift bags in the room myself the day of check-in. My bridesmaids and I stayed in the large suite above the balcony the night before and it was great! Whoever said brides have a hard time sleeping the night before didn't sleep on their king beds! I slept like a queen!"


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Variant Analysis Provides Free Previews for Downloads from Illumina's BaseSpace Cloud Platform
Illumina BaseSpace helps users of Illumina sequencers to do the alignment and variant calling for their sequencing data. BaseSpace users can download the Variant Data for their BaseSpace runs and upload it to Ingenuity Variant Analysis™, in order to access the accurate, curated content in the Ingenuity Knowledge Base for analyzing and interpreting called variants.
Here are step by step instructions to get a free preview in Variant Analysis for runs processed in BaseSpace:
- In BaseSpace, select the "Runs" view from the menu on the top
- Select and click the completed run that you want to download
- Click the button for "Download"
- Choose the option to download "Variant Data" and select the place on your computer to save the resulting file
- You will download a compressed (zipped) file that contains one or more .vcf format files
- Extract the compressed file using any zip software and then follow instructions to upload the .vcf file to Variant Analysis to get a free preview of your data
Click here to learn more about uploading samples to Variant Analysis


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Berwick's First Strike: Susan G. Komen Foundation and Ovarian Cancer Alliance Decry First-Ever Medicare Denials of FDA-Approved Cancer Drugs
posted at 6:09 pm on August 14, 2010 by directorblue
Just days after the recess appointment of Donald Berwick, the controversial new head of Medicare and Medicaid, the Ovarian Cancer National Alliance posted the following grim news: for the first time in history, an FDA-approved anti-cancer therapy may not be covered by Medicare.
Provenge, a vaccine to treat the recurrence of prostate cancer, has been approved by the Food and Drug Administration (FDA)… Medicare usually covers the cost of FDA-approved anti-cancer therapies. However, the Centers for Medicare and Medicaid Services (CMS) is still reviewing whether it will cover Provenge, and at what rate.
The CMS statute states that Medicare must cover therapies that are reasonable and necessary, while the FDA is instructed to approve drugs that are safe and effective. Because of the conflicting Federal coverage and approval requirements, there are some non-FDA approved drugs (called off-label drugs) that are paid for by CMS. However, with respect to Provenge, it appears that CMS is arguing that while the treatment is safe and effective, it may not be reasonable and necessary. For the first time, an FDA approved anti-cancer therapy may not be covered by Medicare.
A life-saving cancer treatment "may not be reasonable and necessary"? Gee, that kind of decision-making by an unelected federal bureaucracy certainly sounds like a death panel to me.
Say, I thought the President said that pre-existing conditions would always be covered. Isn't cancer a pre-existing condition?
Oh. What's this?
Susan G. Komen for the Cure and Ovarian Cancer National Alliance Appeal to FDA and Key Lawmakers on Avastin Issue
Patient Access and the Impact on Development of New Treatments at the Heart of Komen for the Cure's Concerns
Susan G. Komen for the Cure® and the Ovarian Cancer National Alliance (OCNA) today urged the U.S. Food and Drug Administration (FDA) to continue to allow the use of the drug bevacizumab, commonly known as Avastin, for metastatic breast cancer patients, noting that it is effective for some patients and warning of a chilling effect on new drug development if approval is withdrawn…
…In a joint letter sent to the FDA and key Congressional lawmakers Thursday, Komen for the Cure and the OCNA wrote, "We are particularly concerned about patients who are presently receiving bevacizumab and the message that this decision sends about drug development for women with advanced breast cancer."
…According to Komen, the decision to use Avastin should be made between a woman and her doctor after a thoughtful conversation that carefully considers the drug's benefits and risks. Komen does not want to see access limited by Medicare and Medicaid.
Gee, and I thought no one would be denied coverage by ObamaCare.
Didn't the President himself say, "I want seniors to know, despite what some have said, these reforms will not cut your guaranteed benefits."
That's what President Obama told us, endlessly and repeatedly, for months on end.
Do you mean to say he was lying?
Folks, this is precisely why the cancer survival rate for the U.K. is so much lower than that of the U.S. — and, in some cases, lower than Eastern Europe's. And why Donald Berwick's nickname is Dr. Death.
America's seniors are about to find out that having coverage is not the same thing as receiving care. And our seniors are about to pay the piper.
Hat tips: Valerie Ward and Mark Levin. Cross-posted at: Doug Ross @ Journal.


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Now this is an interesting web project. VideoJug is not just another video web site ala YouTube, it's a place where you can post your questions and it'll be answered in video.
Check out some of the interesting videos I found:
- How To Complain Successfully
- How Can I Network At Parties
- How To Stop Laughing At An Inappropriate Time
- Child Behavior: Teenage Rebellion
- Getting The Right Smartphone For My Needs
I love the content, I love the layout, I love the interface… VideoJug is a winner in my books. What do you think?


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Nude psychotherapy is the use of non-sexual social nudity as an intentional means to improve the participant's psychological health.
The field began in the 1930s with psychological studies of the effects of social nudity on the lives of naturists. It developed in the 1960s along with the encounter group movement as a way to challenge preconceptions and promote intimacy and trust, but suffered a decline in the 1980s. It is still used by some organizations that offer participatory workshops on intimacy, sex and love.
In 1932 a Princeton psychologist Howard Warren, who was president of the American Psychological Association, spent a week at a German nudist camp. A year later, he published a paper entitled Social Nudism and the Body Taboo, which was a largely sympathetic consideration of the social and psychological significance of nudism. Warren described nudism in therapeutic terms, pointing out its 'easy camaraderie' and lack of 'self-consciousness' . He noted an 'improvement in general health' among participants. Other psychologists published further papers on the effect of nudity in the 1940s and 1950s.
In 1967, a group psychotherapist in California, Paul Bindrim, noticed that towards the end of a long period of group psychotherapy called a "marathon", the participants would be sufficiently open and trusting of each other to feel comfortable enough to be spontaneously naked in each other's company. Bindrim theorized that intentionally introducing nudity in the early stages of a group might accelerate the process of mutual trust and emotional openness. Bindrim corresponded with Abraham Maslow on the subject of nude psychotherapy groups, which Maslow, who was then-president of the American Psychological Association, supported. Maslow supported the idea stating he saw the social taboo on nudity to be a matter of custom rather than of any ethical or moral importance. Maslow warned that he thought discretion, sensitivity and caution would have to be present in any execution of the idea. Maslow later cautioned that the sensation of nudity and sensual pleasure should not be mistaken by participants for the genuine achievement of a psychological "high" and feared it might impede the development of real empathy between individuals.
In 1967, Bindrim conducted his first nude workshop in Deer Park, California. There were typically 15 to 25 participants. Bindrim developed his nude encounter marathons into a weekend workshop using nudity and swimming pools, which was recorded in the 1971 documentary film entitled Out of Touch by the Canadian Film Board and produced by Bindrim. The American Psychological Association's Ethics Committee launched an investigation of Bindrim, reportedly prompted by conservative politicians. However, due to the cultural climate of the late 1960s and the fact that the nudity was consensual, the investigation was later dropped. Bindrim became increasingly sensitive to the public relations obstacle posed by the phrase "nude psychotherapy" causing him recast his approach and by the late 1970s his promotional materials made only a passing reference to nudity. With the change in psychotherapeutic fashion as the 1970s progressed, the decision was eventually made to remove the emphasis on nudity altogether. Other contemporary researchers found that social nudity is not the sexualy charged practise that convention imagines it to be.
The Human Awareness Institute, an organization that offers participatory workshops on intimacy, sex and love continues to conduct group sessions in which the participants have the option to be naked.


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Zee Rishtey awards 2012 starts with host Jay Bhanushali telling about 20 successful years of Zee TV. Pavitra Rishta is announced the most popular show on Zee TV followed by Hitler Didi.
Favorite Saas Sasur award
Shobha and Satendra Dubey from Punar Vivah
Best Story award
Punar Vivah
Favorite Behen
Gujan and Rachna from Sapne Suhane Ladakpan Ke
Favorite Bhai
Asad and Ayaan from Qubool Hai
Favorite Beta
Aditya from Phir Subah Hogi
Favorite Beti
Indira (Rati Pandey) from Hitler Didi
Favorite Bal Kirdar
Indu (Hitler Didi), Palak, Payal, Ansh (Pavitra Rishta), Dolu (Sapne Suhane Ladakapan Ke), Sonu (Afsar Bitiya)
Favorite Kabab Mein Hadi
Ranveer from Rab Se Sona Ishqq
Favorite host
Jay Bhanushali for DID
Best Screenplay
Rajubhai from Pavitra Rishta
Favorite Khalnyak
Vikram (Varun Badola) from Phir Subah Hogi
Favorite Naya Sadasya (female)
Rachna from Sapne Suhane Ladakpan Ke
Favorite Naya Sadasya (male)
Asad (Karan Singh Grover) from Qubool Hai
Favorite Nayi Jodi
Gunjan and Mayank from Sapne Suhane Ladakpan Ke
Favorite Jodi
Arjun and Purvi from Pavitra Rishta
Favorite popular face (female)
Aarti (Kratika Sengar) from Punar Vivah
Favorite popular face (male)
Yash (Gurmeet Choudhary) from Punar Vivah
Favorite Guru Shisya
Faizal Khan and Prince from DID lil masters
Best dialogues
Satyam Tripathi from Hitler didi
Usha Dixit from Punar Vivah
Favorite personality of the year
Archana (Ankita Lokhande) from Pavitra Rishta
Favorite reality show of the year
Favorite dharavahik
Pavitra Rishta
Favorite Parivar


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A Beginner's Guide to Using Your iPad as a Business Productivity ToolPearson Education 2011; US$ 5.99
Despite Apple's legendary ease of use, the iPad presents many users with a challenge. Its unique design, operating system, and applications--among other things--can be confounding to the very business people who would find it beneficial. The primary audience for this ebook is business people working in a corporate environment who have been issued... more...
A Beginner's Guide to Using Your iPhone as a Business Productivity ToolPearson Education 2011; US$ 4.99
The quickest, easiest, and friendliest guide to using your iPhone 4 for business. After spending hundreds of hours on dozens of computers, the iPhone 4 is the best computer I've ever owned. This tiny machine runs Apple's powerful iOS and features a huge number of fantastic business apps. In this book, I describe the business deployment of the... more...
Using iMovie '11Pearson Education 2012; US$ 19.99
The Using series is not just a book; it is highly integrated with online video, audio, and additional bonus content that enables our authors to provide modern, best of class instruction to the beginning audience. Using books are designed to offer a solid and accessible introduction–both tutorial and reference-to a topic. The Using series is written... more...
Taking Your OS X Lion to the MaxApress 2011; US$ 27.14
The Mac has come a long way, and OS X Lion is the best version yet of Apple's desktop and laptop operating system. Stable, powerful, and versatile, the Mac allows you to do everyday tasks with ease. Taking Your OS X Lion to the Max walks you through the awesome features and apps standard on the Mac and the new OS X 10.7 Lion to help you become... more...
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Is he getting the Barry Bonds head? Didn't think so.
Mayweather beats Cotto? Yawn. Manny beats Tim Bradley. Then what? Still that song and dance about Pac Man won't "take" $40 mill cuz Floyd says so? Won't do as Floyd says? How dare Manny.
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Quote:Feel free to smack me down here, but I once read that Shorin was the Japanese term for Shaolin. That true??
Quote:Gets even worse if you break it into northern and southern branches- e.g. Both north and south have a preying mantis style, both very different. Interestingly enough though, Karate originaly had its roots in Kung Fu so you're already studying Kung fu (kinda), and even stranger, kung fu suposedly had its roots in Kalaripayat (yep, the indian's taught the chinese who taught the japanese)
Quote:I mean can tell you that BJJ came from Judo even though the arts have diverged into 2 separate things today.
Quote:I read somewhere sometime ago that there are similarities between Aikido and Bagua, at least conceptually.
Quote: kung fu suposedly had its roots in Kalaripayat (yep, the indian's taught the chinese who taught the japanese)
Quote: Feel free to smack me down here, but I once read that Shorin was the Japanese term for Shaolin. That true??
Quote: "asking the right question can open many doors".... Come on man, we're not the Free Masons
Quote: I've never seen Karate employ anythingthing close to white crane dude
Quote: 'Fukien' is the mandarin pronunciation of 'Hogen'
Quote:I heard (not first-hand experience, so I might be mistaken) that karate favors advancing the right foot when right-punching and the left foot when left-punching (which I guess is designed to ad some extra hip-torque to generate more power). In Chinese arts, this would be heresy: punching is always done with the hand on the side of the REAR leg (which we straighten and push the ground with, hence generating power too.).
Quote:These are two very different ways to generate power
Quote:So, while karate definitely takes its roots in gongfu, it nonetheless has some original concepts too and has evolved into something different enough (how different is mostly style-dependant: some karate styles look very Chinese, others hardly look even remotely connected
Quote: Not sure about Chinese martial arts evolving from the little forest temple, however, as many wars had been fought in China before then. I believe that Shaolin was more of a martial arts university that greatly refined the fighting arts as the temple housed many fugitives, bandits as well as martial arts teachers during some turbulent times.
Quote: This is totally untrue. There is alot of cross-matching striking going on in Chinese martial arts! When I say cross-matching I mean left foot forward, strike with right arm.
Quote: ..."there is ONLY cross-matching striking going on in Chinese martial arts". The way I've been taught it, whenever a taolu seems to have a hand strike matching sides with your forward-leg (which I believe to be rather rare, from my experience), the strike, IF it is one indeed, is actually not the main aim of the move, but is intended as a parry / diversion / setup / etc., the strike being only bonus.
Quote: Uechi-ryu is another of those: it was developed by its founder from pangai noon, a southern Chinese style now extinct
Quote: What system do you practise (don't worry, not going to attack you about it!)?
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In his heyday, David Merrick was the most powerful producer on Broadway. He had taste. He was prolific. He knocked out hits — "Look Back in Anger," "Hello, Dolly!" "42nd Street."
And he could put the fear of God in actors, writers, directors and agents. When crossed, he retaliated — swiftly and brutally.
Scott Rudin is the David Merrick of today. He's certainly got taste ("Fences"). God knows he's prolific (movies, Broadway, television — he does them all). As for hits, well, his latest — "The Book of Mormon" — will make more money than all of Merrick's winners put together.
And like Merrick, he does not suffer fools, especially ones who go back on their word.
The latest to run afoul of the powerful producer is actor/playwright Bruce Norris, whose play "Clybourne Park" won the Pulitzer Prize last year.
Rudin loved it and was bringing it the Walter Kerr Theatre on Broadway this spring. Rudin was also an admirer of Norris' acting talent. He recently cast him as the older brother in "The Corrections," the eagerly anticipated pilot he's producing for HBO — based on Jonathan Franzen's celebrated novel.
But on Monday, after three months of contract negotiations, Norris abruptly withdrew from "The Corrections," blithely telling Rudin, "I don't like to do pilots."
Source: Full article @ New York Post
The Corrections - Bruce Norris Pulls Out of HBO Pilot, Scott Rudin Apparently Furious
In his heyday, David Merrick was the most powerful producer on Broadway. He had taste. He was prolific. He knocked out hits — "Look Back in Anger," "Hello, Dolly!" "42nd Street."
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Delhi Shoots the Messenger
Even Obama advises India to start pushing reforms.
Barack Obama told an Indian wire agency over the weekend that the country needs "another wave of reforms" to make it "more competitive." The U.S. President went on to say that "in too many sectors, such as retail, India limits … foreign investment." Such views are hardly controversial among educated Indians, so one might expect the comments would be taken in the spirit of constructive criticism in New Delhi.
Wrong. Mr. Obama's truth-telling evidently pricked the thin skin of India's...


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Editors' Note: The "Download Now" link directs you to the iTunes App Store, where you must continue the download process. You must have iTunes installed in order to open the link, and you must have an active iTunes account to download the application. This download may not be available in some countries.
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** NEED FOR SPEED HOT PURSUIT IS OPTIMIZED FOR iOS 5! Get ready for a 5-STAR racing experience with this high performance update! **Pursue or be pursued like never before!


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The funding pledge was broadly welcomed by sporting authorities who had warned that more cash was needed if Britain were to dramatically increase its medal haul in six years time. Simon Clegg, chief executive of the British Olympic Association, which had been one of the government's harshest critics, described the announcement as "excellent news".
The chancellor said the government aims to raise a further £100m for top athletes in sponsorship from the private sector. Together with £300m already allocated from the national lottery, the total could reach £600m.
Mr Clegg said: "The government has listened and understood the arguments made by sport and they are to be congratulated for the commitment they have given today. Speed of delivery and getting this new money to the coal face of sport is now the priority."
In Athens, Britain won nine golds and placed 10th in the medal list. The BOA estimates that to achieve its aim of finishing fourth in 2012, Britain would need to win at least 60 medals including 17 gold. UK Sport, which distributes funding to elite athletes, has previously said it needed £300m to have a realistic chance of Olympic glory. The organisation said it would now be able to back every Olympic sport, including those that normally get no central funding including volleyball, handball and basketball. It yesterday published a 100-day plan, ensuring that the individual sports would be in a position to receive its full award by July 6. Sue Campbell, chair of UK Sport, said the announcement "puts us well on the road to achieving our ultimate goals for 2012".
In an effort to improve grass roots sport, the chancellor announced the funding of an annual schools olympics leading up to 2012, beginning in Glasgow and then moving around the country. Mr Brown said: "The games will end in 2012 but their legacy must continue."


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Florida Appeals Court Detects Anti-Gay Prejudice in Custody Decision
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(ATLANTA, May 31, 2000) — Sending a strong message that the best interests of children are not served by baseless assumptions and anti-gay stereotypes, a Florida appellate court has rejected a custody decision because it allowed prejudice to keep a lesbian mother from her two young children, Lambda Legal Defense and Education Fund said Wednesday.
Ruling 2-1, the District Court of Appeal of Florida for the Second District reversed a trial court ruling granting sole custody of the kids to their father, writing that the court had inappropriately "succumbed to the father's attacks on the mother's sexual orientation." The appellate decision in Jacoby v. Jacoby, written by Judge Stevan T. Northcutt, was released late Friday.
"The court sent a forceful reminder that the best interests of children, not irrational fears and prejudices, should be paramount in all custody decisions," said Staff Attorney Stephen R. Scarborough of Lambda's Southern Regional Office in Atlanta. Scarborough authored a friend-of-the-court brief on behalf of the mother, Julie Jacoby, arguing that society's irrational prejudices should not be held against parents.
In 1998, the Pinellas County Circuit Court granted sole custody to Jacoby's ex-husband, agreeing with his argument that granting custody to Jacoby would have made the children vulnerable to teasing and harassment from classmates at their private, religious school. Jacoby filed for divorce in 1997, and later moved her two children, ages 7 and 10, into the home she shared with her female partner in St. Petersburg, Florida.
The appeals court said that the decision to grant custody to the father "penalized the mother for her sexual orientation without evidence that it harmed the children." The appeals court also admonished the lower court for favoring the household of the father, who has remarried, over the home provided by the children's mother, ordering it to reconsider custody without relying on anti-gay prejudices.
Lambda's brief had urged the appeals court to overturn the circuit court decision because it ignored the 16-year-old United States Supreme Court ruling in Palmore v. Sidoti, in which the High Court held that "private biases may be outside the reach of the law, but the law cannot, directly or indirectly, give them effect."
Added Scarborough, "The circuit court wrongly thought it could and should insulate these kids from possible knee-jerk biases against lesbian and gay parents."
Lambda Legal Director Beatrice Dohrn said, "Just like the communities we live in, the courts are waking up to the truth about lesbian and gay parents and our families. Decisions like this give us hope that the law will catch up to reality and do away with the discriminatory barriers that divide us and harm our children."
Lambda is the nation's oldest and largest gay legal organization, headquartered in New York with regional offices in Atlanta, Los Angeles and Chicago.
Contact: Stephen R. Scarborough 404-897-1880 x 23
T.J. Tu 212-809-8585 x 22


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Committee plans for Dawson veteran's memorial dedication on Saturday
Work to refurbish the veterans memorial on Main Street in Dawson, begun in October 2010 as an attempt to refurbish two memorial tablets listing veterans from World War I and World War II, has expanded.
At 11 a.m. Saturday, the community will dedicate the new memorial honoring veterans from not only the world wars but the Vietnam and Korean wars as well as the Cold War.
Roy Hess, a co-chairman of the planning committee, said a third tablet listing the additional veterans had to be added to the plans.
Members of the monument planning committee along with Hess are Andy Ansell, Pastor David Bell, Bertha Hess, Claudia Hiles, Lori Lamanna, Patty Lint, Jay Nelson, Sandy Newell, co-chairman John Pyda and Sandra Rimel.
The group is still raising funds for the memorial, but Hess said those providing services, such as Sandzimier Memorials, the company that made the memorial, are working with the group.
Most of the money has been raised.
Hess said the planning committee received only one grant for $250 from the Community Foundation of Fayette County.
On Saturday, Rolling Thunder and the Vietnam Veterans of Fayette County, who will provide the honor guard, will attend the ceremony. The keynote speaker will be Maj. Gen. Robert French, who is from Lower Tyrone Township and whose name is on the new tablet.
At least 10 or 11 World War II veterans are also expected to attend.
Only one member of the planning committee, Bell, is a veteran. He has since been transferred to a distant church and will not be available for the dedication. Bell is a Vietnam War veteran who has a Purple Heart.
Hess said the ceremony will go on, even if the weather does not cooperate.
Pyda has been taking care of the monument grounds. He inherited the job from his father-in-law, James "Zeb" Turney, who was commander of the American Legion Post in Dawson for 25 years. The post no linger exists. The monument now stands on the site.
Karl Polacek is a staff writer for Trib Total Media. He can be reached at email@example.com or 724-626-3538.
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Week 5 #AETEN Awards Split between Three Schools
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CAMBRIDGE, Mass. – In a week that saw teams take on ranked opponents, Co-Players of the Week are featured on both sides of the net. Here's a look at this week's award winners:
Men's Tennis Co-Player of the Week
Justin Carter, So., UMBC
Randallstown, Md./National Connections Academy
- Went 2-0 at the top singles spot last week.
- Defeated No. 54 George Washington's Nikita Fomin at No. 1 singles (3-6, 7-6(5), 10-8).
- The second set of the GW matchup was pushed to a tie breaker, eventually resulting in a Carter victory to send it to another set.
- Forced a third-set 10-point breaker, taking home the victory with a 10-8 hard-fought decision.
- Defeated the 2013 Big Sky Champion Sacramento State, 6-3, 6-3 at the No. 1 singles slot in UMBC's final spring break contest on March 20.
- Currently 7-5 on the year at the No. 1 singles spot and 5-4 at the top-tandem position.
Men's Tennis Co-Player of the Week
Jose Morales, So., Stony Brook
Bradenton, Fla./IMG Pendleton School
- Went 2-0 from both singles and No. 1 doubles matches against Bethune-Cookman and No. 45 Florida Tech.
- Is 6-2 in dual matches this season.
- Teamed up with Alexandre Felisa at No. 1 doubles to defeat Bethune-Cookman's Gilbert Rotich and Joao Almeida, 8-3, and No. 45 Florida Tech's Patrick Hernandez and Wade Ball, 8-2.
- Was victorious in singles over Gilbert Quintana of Bethune-Cookman (7-5, 6-0) at the No. 3 spot and Matic Leskovar of Florida Tech (6-7, 7-5, 7-5) at the No. 2 spot.
- The Seawolves went 2-0 on the week, trumping Bethune Cookman, 6-1, and No. 14 Florida Tech, 7-2.
Women's Tennis Co-Player of the Week
Carolina Zanotta, Jr., NJIT
Piracicaba, Sao Paulo, Brazil/Colegio Luiz de Queiroz
- Posted spotless weekly records at both singles and doubles (1-0, 1-0).
- Paired up with Natalia Melibeu at second doubles, to top Norfolk State's Krystal Scott and Mafalda Lhorca, 8-4.
- Zanotta was a 6-2, 6-1 winner at fifth singles to defeat Norfolk's Scott.
Women's Tennis Co-Player of the Week
Adey Osabuohien, Fr., Stony Brook
Hazel Crest, Ill./Homewood-Flossmoor
- Won both of her singles matches in straight sets.
- Leads the Seawolves with 13 singles wins.
- Defeated Maria Sablina of Bethune-Cookman (7-6, 6-1) from the No. 3 singles position.
- Beat Chloe Chanley of No. 18 Florida Tech (6-3, 6-4) from No. 2 singles.
- Paired up with Louise Badoche to triumph over the tandem of Chloe Chanley and Jessica Vidmark (No. 18 Fla. Tech), 8-2.
- Currently has a 8-7 record in doubles.
Around the League
- In a tightly-contested match, the host Sacramento State Hornets edged the Retriever men, 4-2, in the final match of the Retrievers' western spring break trip. Melker Svard (Gothenburg, Sweden) were outstanding at the No. 1 and 2 singles positions as both earned victories over the Hornets' top players. Carter prevailed, 6-3, 6-3 over Roy Brandys at the No. 1 slot, while Svard stopped a five-match winning streak by Niranjan Ram, defeating the sophomore, 6-3, 6-3... The women fell to the Hornets, 4-0 - they went 1-2 on the spring break trip and are now 6-7 on the campaign... The Retriever men, now 9-7 on the year, will continue the four-match homestand with a Friday, March 28 encounter versus St. Joseph's.
- The NJIT women's tennis team earned a 5-2 victory at Norfolk State Thursday evening at Everett Tennis Center. NJIT, which was scheduled to begin its Spring Break matches in Richmond on March 18, was rained out of that contest. But the Highlanders got back to action on Thursday at Norfolk State, claiming the 5-2 victory. NJIT's Brazilian doubles pair Carolina Zanotta and Natalia Melibeu were 8-4 winners at second doubles.
America East Tennis Players of the Week
Feb. 25 – Men's Player of the Week: Ismael Dinia, Binghamton
Women's Player of the Week: Polina Movchan, Stony Brook
March 4 – Men's Player of the Week: Eliott Loubatie, UMBC
Women's Player of the Week: Annie DiMuro, Binghamton
March 11 – Men's Player of the Week: Melker Svard, UMBC
Women's Player of the Week: Annie DiMuro, Binghamton
March 18 – Men's Player of the Week: Eliot Hureau, Binghamton
Women's Player of the Week: Agatha Ambrozy, Binghamton
March 25 – Men's Co-Player of the Week: Justin Carter, UMBC; Jose Morales, Stony Brook
Women's Co-Player of the Week: Carolina Zanotta, NJIT; Adey Osabuohien, Stony Brook


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8 Normal Things You Can Do In The US That Are Illegal Abroad
Feeling culture shock is normal when you travel abroad. The customs and culture may be very different from what you are used to, and sometimes the mundane, normal activities of your life could be quite illegal in foreign countries. If you don't prepare yourself, you could get into some trouble like the people in "Locked Up Abroad." Their experiences are recounted on an all new season of the show premiering on National Geographic Channel April 25 at 10 PM ET.
1. Driving
It is illegal for women to drive in Saudi Arabia.
In North Korea, only the political elite can own or drive vehicles.
2. Kissing In Public
It is illegal to kiss members of the opposite sex on the street in Saudi Arabia.
3. Holding Hands In Public
You also cannot hold hands with members of the opposite sex in Saudi Arabia.
4. Chewing Gum
In Singapore it's illegal to chew gum.
5. Traveling
Citizens of North Korea cannot travel freely around the country, let alone anywhere abroad.
6. Tweeting
Recently, a South Korean man retweeted a North Korean Government tweet as a joke and was detained for violating South Korea's National Security Law which bans "acts that benefit the enemy."
7. Facebooking
It is well known that Facebook is banned from China. YouTube is also banned.
8. Showing Off Your Personal Style
In places where they adhere to Sharia Law, women must wear veils over their head.
On the flip side, in France it is illegal to wear a face veil.


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Time Inc. and Apple have had a longstanding relationship, which hasn't always been the best. According to a report from AllThingsD, Time Inc has now negotiated and announced that they will begin to offer a number of their magazines through Digital Magazine subscriptions in Apple's Newsstand. About 2 years ago, Time Inc. backed out of plans to introduced Sports Illustrated … Read More
Apple Inc. (NASDAQ:AAPL) Updates App Store Content Subscription Rules
Just days after Apple Inc. (NASDAQ:AAPL) announced Newsstand as a part of iOS 5, the company is now pulling the plug on parts of their old subscription rules after complaints from publishers. Apple's controversial in app subscription policy forced publishers to provide better deals or in-app services at the "same price or less than it is offered outside the app," … Read More
Publishers Initial Response to Apple's App Store Subscriptions Packages… Muted.
Depending on which side of a magical divide you fall, you will apparently either love or hate Apple's new subscription packages. The general consensus is that if you like the deal then you are either drinking Apple's Cool Aid, or taking the view of a long disparaged, and abused consumer. However, if you don't like the deal you are most … Read More
Apple Publishes App Store Subscription Guidelines (AAPL)
Apple Inc. (NASDAQ:AAPL) has both published, and clarified its Subscription system which is linked to the iTunes AppStore; for products like digital magazines and newspapers. It was introduced with News Corp's "The Daily", and has now been rolled out to all publishers. In essence the new rules simply clarify what we all thought the deal was. AAPL considers that any customer … Read More


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Home > Care & Treatment > Diabetes
UHS has provided specialty services for people with the treatment and management of diabetes in Binghamton, Norwich and Southern Tier community for over 35 years. The UHS Diabetes and Endocrinology Center teaches patient responsibility and self management to help the person with diabetes achieve and maintain optimal health. Everyone affected by diabetes-patients, families and friends–can acquire skills to successfully manage their diabetes. Our Norwich, Walton and Binghamton diabetes treatment programs serve the entire Southern Tier community and offers comprehensive resources for diabetics and their families.
"I have been seeing Dr. Wilhelm for my type 2 diabetes and thyroid problems. Dr. Wilhelm has given me the best of care. He always listens to my concerns. He is a very caring person and I'm very glad to have him as my doctor."
Physician or Nurse Practitioner specializing in diabetes, thyroid or endocrine disorders
Provided by Certified Diabetes Educators, Registered Nurses and Registered Dietitians.
Type 1 Diabetes - individual appointments available for diabetes education.
Type 2 Diabetes or Pre-diabetes - we recommend attending one of our introductory sessions:
After attending the introductory session you will attend the Diabetes Self Management Education Program which is scheduled once per month. Once you attend this class you will be scheduled for an individual counseling session to review your individual progress, records, and goals.
Our comprehensive diabetes self management education program includes instruction on:
Individual appointments are also available for those not able to participate in the group setting.
Gestational Diabetes - individual or group sessions available
Blood Sugar Record (2 times/day) Blood Sugar Record (4 times/day) Blood Sugar Record (7 times/day) Diabetes Self Assessment
The American Diabetes Association recognizes UHS as meeting the National Standards for Diabetes Self Management Education.
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The beauty of open source is that it makes code freely available. The curse is that, without some method of organizing it, code development can devolve into chaos.CVS, the Concurrent Version System, is an open source tool for managing source code, designed to allow multiple users to work on the same file at the same time, using a shared directory. Under CVS, multiple users can check out files from a directory tree, make changes, and then commit those changes back into the directory.The CVS Pocket Reference is a quick reference guide to help administrators and users set up and manage source code development. This small book delivers the core concepts of version control along with a complete command reference and guide to configuration and repository set up. The book includes:
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Votacall Hosted VoIP Delivers Increased Productivity and Business Continuity While Reducing Expenses for Almeida & Carlson Insurance Agency
Votacall, a leading Hosted VoIP Provider, delivers a Hosted VoIP Phone System to Almeida & Carlson Insurance to enhance communications across three locations and provide feature-rich connectivity for their mobile workforce.
Almeida & Carlson Insurance Agency is a successful Massachusetts based business handling multiple product lines in both the personal and business insurance markets. The organization had on-premise phone systems at each location connected by a traditional MPLS solution. This traditional implementation allowed for the desired multi-site connectivity, but at large monthly expense when the hardware maintenance, MPLS and standard carrier services with usage were factored in. Almeida & Carlson needed a solution that was cost effective without sacrificing functionality. Almeida & Carlson selected the Votacall fully managed Hosted VoIP phone system to deliver the necessary functionality in a cost effective manner across their corporate landscape.
As an Insurance Agency with multiple products and business units, Almeida & Carlson recognizes the value of technology especially when considering how competitive the market has become. If they fall behind the technological curve and the communications experience suffers, so will their business. At the same time the organization must be responsible when it comes to their expenses. Almeida & Carlson wanted the best of both worlds; pay less and get more. "The Votacall Hosted VoIP PBX allowed us to have the necessary features and functionality at a reduction of nearly 50% in monthly telecom expenses," said Sean Peacock, Executive at Almeida & Carlson. "With Votacall, we not only benefit from a reduction in expenses, we also get the peace of mind that our phone system is future proof and because it is a fully managed service, we can concentrate on our business while Votacall focuses on our telecommunications."
Almeida & Carlson has locations on Cape Cod which can be susceptible to power outages due to inclement weather which was always of great concern from a business continuity standpoint. "A Disaster Recovery and Business Continuity plan is critical to the success of our business and Votacall provided the technology and the plan to address this," adds Peacock. "With Votacall Hosted VoIP, our company is protected from equipment failures, power outages and disaster scenarios. In a competitive market like insurance, that is a tremendous value to our organization."


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"Great quality stamp. Adds an individual and unique touch to home baked goods and gifts. Simple, elegant design of good dimensions and clear to read."
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Abbottstown, PA, USA < change city >
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Valencia Ballroom
142 N George St
York, PA 17401, US
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We worked with Jayme Wagner at the Altland House to hold our wedding reception at...
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510 Monkton Rd
Monkton, MD, United States
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Country Club of York
1400 Country Club Road
York, PA 17403, USA
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The Event Planner was amazing to work with. They did everything there at the Coun...
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496 Eisenhower Drive
Hanover, PA, United States
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1 rating, 1 review, 5 weddings
FABULOUS food, wonderfully friendly staff that treats you like family. Gorgeous f...
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331 Red Hill Road
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210 N Church St
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Excellent service and amazing food! We had so many people telling us how great th...
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For more than 25 years, the state Board of Equalization (SBE) directed county assessors to assess the value of the "real property" at petroleum refineries by applying valuation formulas generally applicable to all industrial and manufacturing properties. (See Cal. Code Regs., tit. 18, § 461.) Then, responding to entreaties from a number of county-level government officials, SBE concluded that it had become necessary to adopt new valuation formulas uniquely applied to petroleum refineries. (See Cal. Code Regs., tit. 18, § 474 (hereafter Rule 474).) The current litigation by the
Background: The Valuation of Real Property
From California's earliest days, its residents and business enterprises have pursued their economic activities and expectations in light of the constitutional principle that "`all property in this state shall be taxed in proportion to its value, to be ascertained as directed by law ....'" (State Bd. of Equalization v. Board of Supervisors (1980) 105 Cal.App.3d 813, 820 [164 Cal.Rptr. 739], quoting Cal. Const. of 1849, art. XI, § 13.) This constitutional principle remains in influence in present times. (See Cal. Const., art. XIII, § 1, subd. (a) ["All property is taxable ...."].) At the same time, however, the defining or classifying of what constitutes "real property," or "tangible personal property," or any other cognizable property interest subject to taxation, is largely a legislative and/or regulatory function, as is the establishment of the rules that prescribe the formulas by which the value of real property or other types of taxable property is to be determined. Created by state constitutional amendment in 1879, SBE is an elective body with the authority, among its other powers, to assure that real property assessment practices—i.e., valuation formulas—are equalized and made uniform across our state so that real property owners share the load equally when it comes time to pay their real property taxes. (See Cal. Const., art. XIII, §§ 17, 18; see also Gov. Code, § 15606.)
The issues in the case before us today grow out of the valuation intricacies involved when assessors assess the value of the real property at an industrial or manufacturing property. These valuation intricacies involve the interplay between valuing the land, valuing the improvements, i.e., buildings and structures, and valuing the fixtures on the site such as machinery and equipment, which are more-or-less affixed. As a general proposition, the definition of real property for purposes of ad valorem real property taxes
As best as we are able to discern from the parties' briefs on appeal and the appellate record, assessors for many years leading up to the late 1970's assessed the value of land and improvements as one appraisal unit, and assessed the value of fixtures as a separate appraisal unit in order to account for depreciation. And, it appears from the appellate record that while the owner of a manufacturing or industrial property may have received a single real property tax bill each year, the bill would have been the reflection of an assessed value for land and improvements, and an assessed value for fixtures. The total assessed value of the real property would then be computed by adding the two distinct appraisal units, with the ad valorem real property tax then imposed on the total assessed value. As a result of the practice of applying these separate appraisal units valuation formulas, the value of the fixture-related appraisal unit of an industrial or manufacturing property would, in the absence of the addition of new fixtures, decline each year to reflect depreciation. This means that the amount of real property taxes attributable to fixtures would also decline.
In June 1978, the voters of California adopted Proposition 13 (Prop. 13), adding article XIII A to the California Constitution.
In its original, initiative version, Prop. 13 contained no language on the subject of what would occur when the market value of real property declined below its trended or indexed taxable value—its Prop. 13 value—due to a disaster or economic conditions. In November 1978, the voters of California addressed this issue by adopting Proposition 8 (Prop. 8), which amended Prop. 13. Prop. 8 provides that the taxable trended or indexed value of real property enrolled on an assessor's books, its Prop. 13 value, may be adjusted down to reflect its actual fair market value when the actual fair market value of the property declines below its taxable trended or indexed value, i.e., its Prop. 13 value, due to a disaster or economic conditions. (See art. XIII A, § 2, subd. (b).)
After the voters of California adopted Prop. 13 and Prop. 8 in the 1978 elections, the Legislature formed a task force to study the implementation of the new real property tax system mandated under the propositions. In January 1979, the task force submitted a report and recommendations to the Assembly Committee on Revenue and Taxation, the so-called "Task Force Report." The Task Force Report is well recognized as a statement of legislative intent for purposes of the interpretation of the statutes enacted to implement Prop. 13 and Prop. 8. (See, e.g., Auerbach v. Assessment Appeals Bd. No. 1 (2006) 39 Cal.4th 153, 161 [45 Cal.Rptr.3d 774, 137 P.3d 951].)
Among its myriad elements, the Task Force Report recommended that any statute governing the formulas to be used for determining whether a particular taxable unit of real property had suffered a decline in value should be based on a continuation of the then widely followed practice of assessing the value of real property by the appraisal unit approach. In the words of the Task Force Report: "... [T]he purpose of Prop. 13 was to place a
Under section 51, subdivision (a)(1) and (a)(1)(D), the Prop. 13 value of real property as of the lien date (a given tax year) is its "base year value, compounded annually since the base year by an inflation factor" which in "no event shall ... exceed 2 percent of the prior year's value." Under section 51, subdivision (a)(2), the current market value of real property as of the lien date is measured as its "full cash value [in the event it was exposed for sale in an open market transaction in which neither the buyer or seller had an unfair advantage] ..., taking into account reductions in value due to damage, destruction, depreciation, obsolescence, removal of property, or other factors causing a decline in value."
This brings us to section 51, subdivision (d),
SBE and Its Regulations
As noted above, SBE tries to equalize and make uniform throughout the state the real property assessment practices employed by assessors. To that end, SBE adopts rules that "govern assessors when assessing ...." (Cal. Code Regs., tit. 18, § 1.) In 1979, after the voters adopted Prop. 13 and Prop. 8, and after the Legislature enacted statutes to implement the tax system which was constitutionally mandated by the propositions, SBE adopted California Code of Regulations, title 18, section 461 (hereafter Rule 461).
Rule 461(e) provides: "Declines in value will be determined by comparing the current lien date full value of the appraisal unit [(i.e., its value in the event it was exposed for sale in a fair, open market transaction)] to the indexed base year full value of the same unit [(i.e., the taxable value of the appraisal unit as measured and enrolled under Prop. 13)] for the current lien date. Land and improvements constitute an appraisal unit ....
An "Assessors' Handbook" issued by SBE in October 2002 explains Rule 461 in these terms: "Measuring declines in value can be simple when only one appraisal unit is involved. Fixtures, for example, as a separate appraisal unit are valued at current market value on the lien date and at the indexed base year value [(i.e., the Prop. 13 value)], and the lower value is enrolled." The Assessors' Handbook then explains that, when measuring declines in values "in a total property appraisal" situation, i.e., where land and buildings are examined in an appraisal unit, and fixtures are examined in a separate appraisal unit, the task "may become more difficult" because each appraisal unit must be examined "separately." The Assessors' Handbook provides a decline in value example in which the land and buildings are examined as an appraisal unit ("Unit 1") and measured by a current market value ($575,000) and a Prop. 13 factored or indexed base year value ($185,000), with the lower figure ($185,000) enrolled as the assessed value of that appraisal unit. In the example, fixtures are examined as a separate appraisal unit ("Unit 2") and
In September 2006, after Rule 461 had been applied to petroleum refineries for more than 25 years, SBE's board members voted three to two to adopt Rule 474 to address specifically "the valuation of the real property, personal property, and fixtures used for the refining of petroleum." In December 2006, SBE submitted Rule 474 to the Office of Administrative Law (OAL) for review. In February 2007, SBE withdrew its submission. In April 2007, SBE resubmitted Rule 474 to the OAL. In June 2007, the OAL rejected Rule 474 upon determining that SBE's "Initial Statement of Reasons" (ISR) why it was adopting the rule (see Gov. Code, § 11346.2, subd. (b)) was inadequate. In September 2007, SBE submitted Rule 474 with a revised ISR. SBE thereafter submitted a "Final Statement of Reasons," including two addenda. (Gov. Code, § 11346.9.) Broadly summarized, SBE's Final Statement of Reasons for Rule 474 is the agency's official proclamation that it had determined it was necessary to adopt a special rule applicable to petroleum refineries in order to implement Prop. 8's decline in value provisions correctly.
In November 2007, the OAL approved Rule 474 for transmittal to the Secretary of State and publication in the California Code of Regulations. Rule 474 became effective in December 2007.
Rule 474
Rule 474 reads:
SBE's Final Statement of Reasons (FSR) for Rule 474
SBE's FSR for the adoption of Rule 474, inclusive of two addenda, summarizes the public comments received by SBE during the rule-making process,
As noted above, SBE's FSR includes its conclusion that it was "necessary" to adopt Rule 474 to comport with assessor's assessment practices to section 51(d), and to the decline in value provisions of Prop. 8, i.e., article XIII A, section 2, subdivision (b).
The Litigation
In December 2008, WSPA filed a complaint challenging Rule 474's validity by way of four causes of action: first, it sought declaratory relief that SBE had violated the APA in adopting Rule 474 because the rule was inconsistent with constitutional law (Prop. 13) and statutory law (§ 51(d)), and not necessary to implement such law; second, it sought declaratory relief that Rule 474 violated Prop. 13's cap on year-to-year increases in assessed value of real property; third, it sought declaratory relief that Rule 474 violated Prop. 13's requirement for a two-thirds vote of the Legislature for raising real property taxes; and the fourth sought declaratory relief that Rule 474 violated petroleum refiners' constitutional right to equal protection and uniformity of laws.
In October 2009, SBE and WSPA filed cross-motions for MSJ. Reduced to its essence, WSPA's MSJ argued that Rule 474's treatment of the land, improvements and fixtures at a petroleum refinery as a single "appraisal unit" in valuing the refinery's "real property" was inconsistent with section 51(d).
On March 29, 2010, the trial court entered a minute order and extensive statement of reasons granting WSPA's MSJ. On April 27, 2010, the court entered judgment in favor of WSPA in accord with its order granting summary judgment. The court's judgment includes these declarations concerning the validity of Rule 474:
SBE filed a timely notice of appeal.
I. The Deference Issue
SBE contends the judgment in favor of WSPA must be reversed because the trial court "committed error by substituting its judgment in place of [SBE's judgment]." We understand SBE to argue that the trial court should have done nothing more than review the rule-making file compiled in connection with SBE's adoption of Rule 474. Further, if the rule-making file contained substantial evidence supporting SBE's conclusion that it had become necessary and was reasonable to have a specific valuation methodology applied to petroleum refineries, then the court should have confirmed the validity of Rule 474. We disagree that the issue is as simple as SBE is trying to lead one to believe.
The other category of administrative rule reflects an agency's interpretation of a controlling statute. (Yamaha, supra, 19 Cal.4th at p. 11.) Unlike quasi-legislative rules, an agency's adoption of a rule interpreting a statute "does not implicate the exercise of a delegated lawmaking power." (Ibid.) On the contrary, the agency's action in adopting an interpretative rule represents the agency's legal opinion of the statute's meaning and effect, and those questions always lie in the end "within the constitutional domain of the courts." (Ibid.) "Because an interpretation is an agency's legal opinion, ... rather than the exercise of a delegated legislative power to make law, it commands a commensurably lesser degree of judicial deference." (Ibid.)
The record before us on appeal shows the trial court properly addressed WSPA's allegation that Rule 474 was inconsistent with governing statutory and constitutional law. Again, assuming SBE is correct the trial court made its own qualitative evaluation of the reasonableness of adopting a regulation that prescribes specific valuation formulas for petroleum refineries, this does not necessarily require that we reverse the judgment in this case. On the contrary, apart from any allegedly improper "reweighing" of evidence in this case affecting issues such as "necessity" or "reasonableness," the predominant issue remains whether the trial court correctly decided that Rule 474 was inconsistent with constitutional and statutory law. The correctness of the court's determination is discussed in more detail below. But at the outset, we reject SBE's contention that the judgment in this case must be reversed because the trial court "fundamentally violated the separation of powers doctrine" by acting as a legislative, rule-making body.
Because consistency with controlling law is the predominant issue in this case, we are not persuaded to reverse the judgment based upon SBE's argument that the trial court's review should have been completed as soon as it eyed substantial evidence in the rule-making file supporting SBE's conclusion that adopting Rule 474 was reasonable.
II. The Statutory Consistency Issue
SBE contends the judgment in favor of WSPA must be reversed because the trial court erred in declaring Rule 474 to be inconsistent with statutory law. We disagree.
A. The Governing Law
When a court is presented with a dispute whether a regulation is consistent with statutory law, the court's task is to determine whether the regulation
B. Analysis
Rule 474, subdivision (d)(2)
SBE's arguments are based on the position that it recently learned about the unique marketplace characteristics of petroleum refineries which differentiate them from other industrial or manufacturing properties. SBE tells us that, in conjunction with its recent acquisition of the knowledge that petroleum refineries are unique, it also has come up with a new interpretation of section 51(d) which would allow the valuation approach established by Rule 474(d)(2) to be applied consistent with section 51(d). In the words of SBE, it came to realize that Rule 461(e) did "not fit every circumstance," and, for this reason, "simply changed" its prior interpretation of section 51(d) under which fixtures were uniformly assessed as a separate appraisal unit.
In this vein, SBE argues that section 51(d) may be interpreted to require a marketplace approach to valuation in the "decline in value" context, depending upon the manner in which the marketplace values a particular type of industrial or manufacturing property. In short, SBE argues that section 51(d) commands that fixtures are not to be assessed as a separate appraisal unit if the marketplace does not value fixtures separately. SBE further argues that, because petroleum refineries are usually valued as a single unit in the marketplace, Rule 461(e) should be viewed as inconsistent with section 51(d)'s marketplace approach insofar as petroleum refineries are concerned. Thus, according to SBE, it was "obligated to adopt a new regulation" for petroleum refineries that was consistent with section 51(d)'s marketplace approach. This then is the foundation for SBE's conclusion that adopting Rule 474 was "necessary." As SBE sees it, section 51(d) says assess the value of certain real properties based on the marketplace, but Rule 461(e) does not result in a true measure of the value of real property at petroleum refineries in the marketplace. On the other hand, Rule 474(d)(2) will result in a true assessment of the value of real property at petroleum refineries in the marketplace.
Underpinning SBE's argument is its interpretation that section 51(d) authorizes the agency to exercise discretion "to choose the proper appraisal unit" from the two appraisal units of real property which are defined in section 51(d) whenever a "a changing market-place" makes one definition more reasonable than the other. As SBE argues: section 51(d) does not "specifically dictate how county assessors should appraise property for decline-in-value purposes," but rather, "give[s] assessors the ability to determine the appropriate appraisal unit on a case-by-case basis."
III. The Economic Impact Statement Issue
SBE contends the judgment must be reversed because the trial court erred in ruling that SBE's EIS did not comply with requirements of the APA. We disagree.
A. The Governing Law
B. SBE's EIS
SBE's EIS is prefaced with what may fairly be described as a cover sheet. The cover sheet indicates that the EIS had been approved by SBE's chief counsel. The cover sheet includes four sentences, largely mirroring language found in the APA, summarizing Rule 474's potential economic impact: "The cost impact on private persons or businesses will be insignificant. [Rule 474] will not have a significant adverse economic impact on businesses. [¶] [Rule 474] will not be detrimental to California businesses in competing with businesses in other states. [¶] [Rule 474] will neither create nor eliminate jobs in the State of California nor result in the elimination of existing businesses or create or expand business in the State of California."
Beneath the cover sheet is a fill-in-the-blank, standardized state government form (Form 399) entitled "ECONOMIC AND FISCAL IMPACT STATEMENT." A series of check-marked boxes on this form indicate that Rule 474 "will impact businesses . . ." (identified as 20 petroleum refineries); that no businesses will be created or eliminated ("none"); that no jobs will be created or eliminated ("none"); and, finally, that the rule will not affect the ability of California businesses to compete with other states by making it
The referenced attachment, in its entirety, reads as follows:
"Section B
"Petroleum refineries are projected to pay $1.4 million more in property taxes in the first year of implementation with that amount increasing annually. Compliance costs should not increase because most refinery assessments are routinely appealed and appraisal and financial accounting costs are already incurred. Petroleum refineries have similar assessed and market values. Petroleum refineries do not change ownership frequently. Fixtures typically decrease in value. Land typically appreciates in value.
$32 Billion total assessed value of refineries $25 Billion fixtures _____ $ 7 Billion land and non fixture improvements x .02 Maximum Prop 13 annual inflation factor _____ $.14 Billion in assessed value x .01 Basic tax rate _____ .014 Billion in increased taxes
"Section D
"The proposed rule does not mandate the use of specific technologies or equipment or prescribe[] specific actions or procedures. Rule 474 changes only the assessment scheme for fixtures used in refineries."
C. Analysis
The trial court correctly ruled that SBE's EIS failed as an informational document. Generously construed, the EIS consists of a bald statement, devoid of any understandable foundation, that Rule 474 would cause petroleum refineries to pay $1.4 million more in property taxes in the first year of the rule's implementation. The statement is without any reference to supporting facts or evidence in the rule-making file. The "calculations" provided are little more than a numbers dump, with no explanation of how or from where the numbers are derived. It is not altogether clear in our view whether the
Apart from the vagueness of the EIS itself, we agree with WSPA that the record in this matter, i.e., the rule-making file, does not show that SBE's actual underlying analysis of the potential economic impact of Rule 474 was based on "adequate" facts as required under the APA. (See Gov. Code, §§ 11346, subd. (a), 11346.2, subd. (b)(4), 11346.3, subds. (a), (b), 11346.5, subd. (a)(8), (9), 11347.3.) We agree with the trial court's conclusion that SBE's EIS lacked meaningful quantification of Rule 474's "real world" impact. That is, an economic impact based on data concerning fixture depreciation on assessed values. SBE tells us the trial court's conclusion is wrong because "[t]here is no evidence in the record in conflict with [SBE's EIS]." This may be true, but SBE misses the point. Assuming SBE is correct that there is an "absence of evidence" in the rule-making file conflicting with the final conclusions in its EIS, it does not follow that the trial court was required to give the EIS a passing grade. The trial court's better focused examination looked for evidence in the record supporting the final conclusions set forth in SBE's EIS.
In its opening brief on appeal, SBE offers that it based its final conclusion upon a determination that "$1.4 million . . . would represent [the additional tax, at the basic tax rate of 1 percent, on] a potential increase in assessed value of $140 million spread over a value base of approximately $32 billion." What we believe SBE is saying is that the $140 million in fixture value which otherwise would have been depreciated under Rule 461, would not be depreciated under Rule 474, and thus, would be subject to property taxes. For the most part, SBE's conclusion regarding Rule 474's impact is found in a three-page "issue paper" or "revenue estimate" prepared by SBE's research and statistics section. The issue paper explains Rule 474 in operation, and explains how its implementation would affect assessed values, and it does so far more understandably than SBE's EIS. The issue paper presents model calculations projected over a six-year period which show the difference in
The trial court was particularly concerned about SBE's EIS and its underlying analyses, and ordered a special hearing at which the parties were to explain whether SBE disclosed accurate and sufficient information regarding the increased taxes to be expected from Rule 474's implementation. At the hearing, the trial court and SBE's counsel engaged in extensive exchanges on the court's concern whether there was a real world foundation for the assumed figures, including those for fixture depreciation that SBE had employed to make its analysis. During these exchanges, the court expressly asked to be pointed to the part of the record showing where such information existed; we do not see an express answer. In the end, SBE's counsel submitted that SBE had not been required to undertake an economic analysis of the nature that the court was suggesting, and that SBE's "projections," standing alone, were sufficient under the APA.
On appeal, SBE's argument is similar. Rather than directly addressing WSPA's claims about the shortcomings of SBE's EIS and the underlying analysis, SBE argues the APA is intended to advance participation in the rule-making process, and that, in SBE's words, so long as it satisfied the APA's "basic minimum procedural requirements," no more was required. According to SBE, a "[f]ailure to comply with every procedural facet of the APA" does not mean that an ensuing regulation is necessarily invalid. This is so, says SBE, because the APA gives agencies "flexibility when preparing an economic impact report." SBE cites Pulaski v. Occupational Safety & Health Stds. Bd. (1999) 75 Cal.App.4th 1315, 1328, 1336 [90 Cal.Rptr.2d 54]. We
IV. Conclusion
The judgment is affirmed. Respondent is awarded costs on appeal.
Flier, J., concurred.
I concur in the judgment.
The majority opinion rests on two separate holdings to affirm the trial court's grant of summary judgment in favor of respondent Western States Petroleum Association. I agree with the second of these holdings—that the trial court correctly concluded that California Code of Regulations, title 18, section 474 (Rule 474) did not comply with the economic impact statement requirement of Government Code section 11346.3, subdivision (a). I thus agree with the majority's analysis in part II. of the opinion and would affirm the judgment on that ground.


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A fire at a commercial building has been determined to be arson. Firefighters and police responded to the blaze at 1224 Tacoma Ave. S. on July 4. The interior sustained smoke damage. No one was in the building. There are no suspects.
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