September 19, 2000 In the Matter of a Mail Dispute Between EUGENE RICHTER and RONALD J. MICHAEL P.S. Docket No. MD 00-233 APPEARANCE FOR DISPUTANT Odiator Arugu, Esq. EUGENE RICHTER: The Florida Law Firm, PLC 1999 W. Colonial Drive, Suite 213 P.O. Box 1847 Orlando, FL 32802-1847 APPEARANCE FOR DISPUTANT Ronald J. Michael RONALD J. MICHAEL: 4000 SW 47th Street, Lot G16 Gainesville, FL 32608-2293
INITIAL DECISION
This mail dispute has been docketed pursuant to Postal Operations Manual (POM 8, July 16, 1998) Section 616.21, which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute is that addressed to Great Western Inn, 3461 SW Williston Road, Gainesville, FL 32608-5050. The Gainesville Postmaster is currently holding the mail.
Both parties filed sworn statements, and other documents in support of their positions, as required by 39 C.F.R. §965.5. Mr. Michael filed rebuttal comments, in accordance with 39 C.F.R. §965.6. The following findings of fact are based on all the material submitted by the parties, including the material forwarded by the United States Postal Service Law Department, Atlanta Office.
FINDINGS OF FACT
1. A corporation called Vizacom, Inc., was incorporated in Florida on September 19, 1994, by Eugene A. Richter. Mr. Richter was also named as Director and President. The office address of the corporation was 105 SE First Avenue, Gainesville, Florida 32601-5800. (Original submission from Law Department).
2. A corporation called North American International Financial, Inc., was incorporated in Florida in November 1995. Eugene Richter was named as Registered Agent. The corporation's office address was listed as 818 West University Avenue, Gainesville, FL 32601-5183. A 1998 Annual Report filed with the Florida Secretary of State for North American International Financial, Inc., lists 3461 SW Williston Road, Gainesville, FL 32608-5050 as the corporation's place of business and mailing address. Eugene Richter is listed as a Director and Vice-President. Dr. Nicholas Grecz is listed as President. (Attachment to Richter Affidavit; Original submission from Law Department).
3. On or about February 26, 1997, Vizacom, Inc., purchased a hotel building and land located at 3461 SW Williston Road in Gainesville, Florida 32608-5050 from a Delaware company. At that time, the hotel had last operated as a "Red Carpet Inn." (Richter affidavit, July 24, 2000; warranty deed attached).
4. On or about June 26, 1997, title to this property was transferred from Vizacom, Inc., to North American International Financial, Inc. Until September 1999, the hotel operated under a "Howard Johnson" franchise agreement. Sometime thereafter, there was negotiation to change the name to a "Travelodge." At some point during this time, the signage on the building was changed to "Western Inn," and later, at Mr. Michael's suggestion, to "Great Western Inn." (Richter affidavit, July 24, 2000, and attachments).
5. During this general period of time, Mr. Michael worked for the hotel as either an employee or a consultant.1 The file contains ten checks imprinted with "Howard Johnson Express Inn Payroll Account," in the amount of $280.00 each, signed by Mr. Richter and made payable to Mr. Michael, between January 28, 2000, and April 1, 2000. (Attachments to Richter affidavit).
6. A corporation called Great Western Inn, Inc., was incorporated in Florida on February 7, 2000, by Ronald J. Michael. Mr. Michael is named in the By-Laws as President and Chairman of the Board of Directors. The corporation's office address, and Mr. Michael's address, are listed as 4000 SW 47th Street, Suite G16, Gainesville, FL 32608-2293. (Original submission from Law Department).
7. On April 1, 2000, Mr. Michael submitted a PS Form 3575, Change of Address Form, to the Gainesville Post Office, directing that mail addressed to 3461 SW Williston Road, Gainesville, FL 32608-5050 be forwarded to 4000 SW 47th Street, Lot G16, Gainesville, FL 32608-2293. Mr. Richter opposed this, and this mail dispute arose.2
DECISION
As often happens in cases such as this, each side has made several allegations of fraud or other illegal activity against the other, but neither has submitted conclusive evidence of entitlement to delivery of the mail. Based on all the information that has been filed, however, Mr. Richter has the stronger claim.
A hotel located at 3461 SW Williston Road in Gainesville has been operated, at least since early 1997, by a corporation in which Mr. Richter is an officer and director. Although signs calling the hotel the "Great Western Inn" were, and may still be, used, there is no evidence that Great Western Inn, Inc., the corporation recently formed by Mr. Michael, has ever operated a hotel at 3461 SW Williston Road, or run any business at that address. The evidence shows that Mr. Michael served as a manager of the hotel for a time, but that would give him no entitlement to control the mail addressed to the business, contrary to the desires of the owners. A primary objective of the rules used to resolve mail disputes is that mail should be delivered consistent with the intent of the senders. The evidence of record discloses no reason why mail intended for Mr. Michael's corporation would be addressed to 3461 SW Williston Road. Most of the material submitted by Mr. Michael is directed toward allegations of impropriety by Mr. Richter or his attorney, some of which have nothing to do with this mail dispute, and to pointing out errors in the material submitted by Mr. Richter. Mr. Michael has not, however, submitted anything to show why he should be entitled to direct delivery of any mail addressed to 3461 SW Williston Road.
This decision deals only with delivery of the mail. It is not intended to resolve any other disputes between the parties, or to resolve any of the various allegations of illegal activity made by one party against the other. If either party obtains a court order directing delivery of the mail, postal regulations provide that the mail will be delivered according to such order. POM §616.3.
The attached delivery order should be issued.
Bruce R. Houston Chief Administrative Law Judge
PROPOSED ORDER
TO THE POSTMASTER AT: GAINESVILLE, FL 32608-9998 RE: Mail Dispute Between EUGENE RICHTER and RONALD J. MICHAEL P.S. Docket No. MD 00-233
All mail currently being held, or hereafter received, addressed to:
GREAT WESTERN INN
3461 SW Williston Road
Gainesville, FL 32608-5050
shall be delivered as addressed.
Judicial Officer
PROPOSED ORDER - NOT ENFORCEABLE UNTIL DATED AND
SIGNED BY THE JUDICIAL OFFICER