(January 7, 2009): The Waldorf school of atlanta has begun to discuss the boundary dispute with its neighbors more openly. This is a positive move in our opinion.
We take this opportunity to continue public dialogue, using Waldorf’s January 7, 2009 communication (Waldorf has removed this content from their web site as of July 2010).
(Editor’s note: It has been suggested recently that we make every effort to emphasize the quotes we have taken from other people. Thus, we have emphasized the quotes. There is no other intention in doing this.)
The following is from this Waldorf Communication:
January 7, 2009
Dear Waldorf School of Atlanta Community,
On behalf of the Board and Core, we want to share with you a situation evolving with a few homeowners surrounding our property. Some of you may have seen yard signs describing “Bad Waldorf” posted on front lawns around our school.
Our signs have never read “Bad Waldorf.” They read (on two lines):
“Bad Karma!”
“WaldorfDispute.org”
Here is a picture of one sign:
The following is from this Waldorf Communication:
January 7, 2009
Dear Waldorf School of Atlanta Community,
We are very concerned with this public display of disagreement with our school and know that you must be as well. We want to assure you that school administration and Board of Trustees are working diligently to resolve the underlying issues so that we can once again enjoy a positive and mutually respectful relationship with all our neighbors.
We take issue with the choice of words. Specifically, the word “diligently.”
June 28, 2008: Waldorf meets with neighbors, makes a verbal claim to a portion of their land using their new survey. Raises the issue of a land lot line error for the first time. Neighbors are told this is an ongoing discussion.
July 1, 2008: Waldorf attorney, Rosemarie McConnell files Board President, Philip Verre’s affidavit claiming a portion of neighboring’ lands. Affidavit states that it is given “to end the confusion about the location of the Land Lot and boundary between the Owner and owners of the Lots.” There was no confusion prior to this filing. There is no confusion today. There has been no confusion for 100 years (quite literally).
For clarity – perhaps the school is now working “diligently” to resolve the issue. However, the school allowed only 1 business day for us to dispute their claims before making a formal filing.
July 2008: Affected home owners respond in writing to Waldorf counsel Rosemarie McConnell, disputing the school’s claim. McConnell responds stating that the school’s claim is valid and that the school would not tolerate the neighbors’ “attack on the school’s title of record.”
August 20, 2008: Waldorf attorney, Rosemarie McConnell meets with neighbors’ attorney. Ms McConnell is informed that filing an affidavit is not the correct way to resolve this issue and that the school should have attempted to reconcile their 2002 survey with their new survey to discover the problem. Such reconciliation is done between the two surveyors themselves. No such action was taken by the school prior to filing the affidavit, nor since. Neighbors’ attorney indicates that it will take some time to research the matter and will be in touch with Ms. McConnell at an appropriate time.
December, 2008: Waldorf attorney, Rosemarie McConnell contacts neighbors’ attorney and inquires as to the status of the case, and states her desire that the case be settled by the end of the year. Home owners’ attorney indicates that he is in the final stages of research and will be in touch after the first of the year. Again, he states to McConnell that the Verre affidavit of July 1, was a matter of “putting the cart before the horse.”
The July 1, 2008 affidavit (this entire issue), was instigated by the Waldorf School of Atlanta. The school allowed the neighbors just three days to discuss the matter with the school before making a formal claim to their land. When that claim was filed, there could be no more open conversations without representation. Further, the cloud on each of our titles can only be removed by a judge. The school can either retract its affidavit, or they can go before a judge to resolve the matter.
The following is from this Waldorf Communication:
January 7, 2009
Dear Waldorf School of Atlanta Community,
The current disagreement arose over property boundary issues discovered during a routine survey of our property conducted last year. The survey, which was completed last June, revealed inconsistencies between the School’s property description and long established boundaries and the property descriptions of some of our neighbors living on Conway Road. We promptly notified these homeowners and invited them and the surveyor to a meeting to discuss – and hopefully resolve – the survey findings. This resolution is necessary for us to have clear title so that we may proceed with work on building a permanent campus, including obtaining loans or approval for any construction plans.
We are not familiar with the term “routine survey.”
We understand the need to survey at sale and or purchase, but we are unfamiliar with “routine surveys.” Perhaps a larger entity such as a school or business must from time to time conduct a routine survey? We are unsure.
Waldorf’s new survey of 2008 was a survey of all adjoining lands along their boundaries (Conway Road, Kirk, Oldfield and East McKinnon) known as a “closing survey.” The school also performed title searches on the surveyed homes.
The Waldorf School of Atlanta obtained a new mortgage in February of 2008, four months prior to this survey and did not conduct a new survey at that time.
The Waldorf School of Atlanta has indicated that construction is 5-10 years away from present day and that a building fund has not even been established.
To date, the Waldorf School of Atlanta has not offered a clear and consistent explanation for an expensive and detailed survey such as they conducted. At the time of this survey the school also ran title searches on all the adjoining homes.
It is important to clarify that the western boundary for all affected homes along Conway Road (not just 1161, 1169, 1177, 1185), has been clear and consistent since 1946 when the homes were constructed.
The Land Lot Line has been clear and consistent for many decades prior to 1946 in deed history. The western boundary of our land, and the Land Lot Line running thereon, has been clearly defined by deed record since at least 1914.
The boundaries of Waldorf’s current land have not been clear, nor consistent over time. The Waldorf property has, over time, had conflicting survey’s for its boundaries (1960, 2002, 2008). Again, in our opinion Waldorf did not (evidently) perform the proper and thorough property research regarding their land and the cause of this error.
The following is from this Waldorf Communication:
January 7, 2009
Dear Waldorf School of Atlanta Community,
Over the past several months, we have continued to express our intention to resolve the matter fairly and amicably so that we may have clear title. Several of the neighbors have retained legal counsel, to whom we have provided documents and written statements concerning our desire to work through each case. Unfortunately, we had not received any response from our overtures for resolving this manner until recently when negative content was posted on the Web and the yard signs appeared.
We gave the school six months to re-examine their affidavit before taking the matter public.
Our attorney accepted any and all documents provided by the school, all of which had been obtained prior, through public records.
Further, our attorney requested that Ms. McConnell provide a copy of the 2002 survey by which the school purchased the property. This survey is part of the school’s vesting documents.
Ms. McConnell allowed our attorney to view the survey, but would not, and will not now, provide a copy of the survey for examination.
We asked to view the 2002 survey during the June 28 meeting and were denied. Subsequent written requests for viewing this survey were ignored. Waldorf counsel forbids the 2002 surveying company from discussing the survey without attorneys present.
Full disclosure cannot be achieved until the Waldorf School of Atlanta provides their 2002 survey by which they purchased their land(s).
As for attempting to resolve the matter, consider:
Of the seven affected home owners along Conway Road (1155, 1161, 1165, 1169, 1177, 1185 and 1191), two are Waldorf community members. One family teaches at the school and has children attending. The other only has children attending but is related to Waldorf staff. To the best of our knowledge, the school has made not one overture to meet with either family prior to the formal publication of this material on January 7, 2009.
The following is from this Waldorf Communication:
January 7, 2009
Dear Waldorf School of Atlanta Community,
We can appreciate the reactions of our families to negative statements about our school posted on signs easily read while going to and from our school. We ask your help by bringing any questions, comments or insights about this situation directly to Beatrice.
Some people are masters of speaking all manner of words, but saying nothing.