“Ye know that the princes of the Gentiles exercise dominion over them,

and they that are great exercise authority upon them.

But it shall not be so among you:

but whosoever will be great among you, let him be your minister;

And whosoever will be chief among you, let him be your servant:

Even as the Son of man came not to be ministered unto,

but to minister, and to give his life a ransom for many.” (Matthew 20:25-28, KJV)

The word the Athenians used for their Assembly was Ekklesia, the same word used in the New Testament for Church
(and it is the greatest philological irony in all of Western history that this word,
which connoted equal participation in all deliberation by all members,
came to designate a kind of self-perpetuating, self-protective Spartan gerousia -
which would have seemed patent nonsense to Greek-speaking Christians of New Testament times,
who believed themselves to be equal members of their Assembly.)

- Thomas Cahill, Sailing the Wine-Dark Sea: Why the Greeks Matter


Thursday, May 15, 2008





Date: May 14, 2008

Dear Parish Members,

According to the general assembly agenda we shall be presented with a "new" corporate structure to be considered for adoption by our parish.

The proponents’ reason for the creation of the "new entities" is flawed.

I believe that if this community embarks upon a course of action which shall "ADOPT" the recommendation of the creation of the "entity-structures" as shall be proposed at the general assembly, this community shall be committing a grievous mistake in judgment; and that is, regardless of whether or not any real property will be transferred now or at some time in the future.

The parish should NOT under any circumstances create any entity which will have as a member or a manager of an LLC, or a shareholder of a corporation, the parish itself, either alone or in any limited capacity.

The reason is very simple. If a third party obtains a money judgment ("judgment creditor") against the parish - and the parish becomes a "judgment debtor"- ALL ASSETS of the parish are SUBJECT TO EXECUTION by the Sheriff of the Salt Lake County in order to satisfy the judgment [creditor]. It is common knowledge that one cannot otherwise protect (other than insurable losses) the parish’s assets from a judgment creditor.

For the reasons stated in the preceding paragraph, if the Archdiocese and/or the Metropolis become "judgment debtors" in any lawsuit, OUR PARISH’S ASSETS are going to be at risk. It would be a grievous mistake if we were to embark on such a course.

Please ask any lawyer of your choice the following simple questions:

1. Can a judgment creditor of the parish "reach" the parish’s assets? and,

2. Are the benefits, that would be accruing to the parish under any structure which may be established, considered "parish assets" ? and,

3. Can a "judgment creditor" reach those assets referenced in number 2 above?

If the answer to any one of the 3 questions is answered affirmatively, we all lose. The community loses its assets to the extent of the amount of the judgment, and only reduced by any amount of applicable insurance.

A person CANNOT be a little pregnant. NONE of us should be permitted nor allowed to place at risk OUR community’s assets.

There is only ONE WAY TO PROTECT the community. Follow through with the corporate structure that this parish created by a 72% majority. It is of record with the Utah Division of Corporations.

Any other step leads to risk. And we all should be risk averse for the community’s assets.
Thank you for allowing me to express my point of view.

Best regards to all,

Nick J. Colessides

P.S. The enclosed Deseret News story is very timely. We need NOT endanger the community’s assets.

Nick J. Colessides
Attorney at Law
466 South 400 East, Suite 100
Salt Lake City, Utah 84111-3325
Tele: 801/521-4441
Fax: 801/521-4452
E-mail: njcolessides@msn.com

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