Photos by Teresa L. Benns Above: Julie O’Halloran and Brian Kramer speak to Saguache County Commissioners Tuesday about the status of their White Eagle LLC in Crestone. Below: Black mold inside the White Eagle LLC in Crestone makes the building unsalvageable, owners said during a conversation with Saguache County Commissioners Tuesday.

SAGUACHE — Following numerous continuations and attempts at self-representation, Crestone resident William Alder Lakish appeared in District Court with an attorney Tuesday to plead not guilty to felony charges of forgery, stock/bond and criminal impersonation.
The defendant also requested a jury trial.
District Court Judge Amanda C. Hopkins noted Lakish has been on the court’s dockets for 427 days. While granting a request that the hearing be postponed once again until March so that Lakish’s attorney can investigate a recent development in the case, Hopkins told Lakish he cannot expect to exercise his right to a speedy trial after so many postponements.
Lakish claims he is the rightful owner of the White Eagle Lodge in Crestone after registering online with the Secretary of State’s Office (SoS) in 2017 as a registered agent for the property. White Eagle LLC owners Brian Kramer and Julie O’Halloran deny ever giving Lakish permission to place himself on their LLC as a registered agent. A third party also is listed as a registered agent under the LLC.
Earlier Tuesday, Kramer and O’Halloran appeared before Saguache County commissioners during the citizens comment period to tell commissioners they have been through all their tax records and have reviewed state regulations and the building, which suffered major water damage in 2011, just needs to come down. Someone inside the building recently almost fell through the top floor, they reported.
People keep coming in the building, even though it has been boarded up and locked, Kramer and O’Halloran said. This is dangerous and they asked commissioners to suggest a remedy until the courts can decide the case.
The couple informed commissioners they are in touch with the State Attorney General’s Office and Secretary of State about the situation. They requested that commissioners defer any discussion with Lakish, who was on the commissioner’s agenda Tuesday to speak about the issues with the lodge. Nothing should be done until after the case is settled, they informed commissioners.
County Attorney Ben Gibbons agreed Lakish’s discussion with the county should not occur until after a decision by the courts. He suggested no trespassing signs be posted on the property. Commissioner Jason Anderson said he felt a privacy fence should be put around the property but it was not clear if this is the responsibility of Kramer and O’Halloran or the county.
Gibbons instructed Interim County Administrator Wendi Maez to remove Lakish from the agenda.

Case history
Undersheriff James McCloskey, in an Oct. 26, 2017 report stated Lakish “fraudulently represented himself to the Secretary of State as a registered agent, the Saguache Commissioners, the County Treasurer and also the U.S. Postal Service,” because he moved the mailing address so the true owners of the property could not receive correspondence, in violation of state statutes.  
District Attorney Crista Newmyer-Olsen later brought charges against Lakish based on McCloskey’s report.
Saguache County Treasurer Connie Trujillo said during a phone interview in 2017 that she repeatedly told Lakish “he is not a lienholder for the property and never filed for [a quiet title or] quit claim deed.” Trujillo said she based her arrangements with Lakish on his presentation to her as a trustee for the property, documented by a filing with the Secretary of State’s office.
The filing presented to Trujillo was later determined by Undersheriff McCloskey to be falsified. Before presenting Lakish with the document arranging the tax payments, Trujillo said, she had it approved by County Attorney Ben Gibbons and had no reason to think it was not legal.
Trujillo said Tuesday that the county is now responsible for taxes on the property, which amount to over $98,000.  
When McCloskey questioned Lakish after the complaint was filed, Lakish told him he was living “inside the lodge.” Several area residents expressed concerns that Lakish was living in a condemned building and often has his young children with him. Trujillo said neither she nor the commissioners realized Lakish was living in the lodge.  
Lakish later vacated the premises after the owners repeatedly asked him to leave.
The property suffered extensive flood damage in December 2011 when a pipe burst following a cold spell, damaging the building beyond repair. Co-owner Julie O’Halloran said in 2017 that owing to the extensive damage, the state red-flagged the lodge, told the owners they could no longer remodel, fix or repair it and must close the business. It was then condemned. The LLC owners had no choice but to vacate the building.
The building has been vacant ever since. The county could have filed for a deed to the property for back taxes after the five-year mark, but Trujillo said commissioners felt there would be too much liability involved and clean-up and restoration would be financially impracticable.
On May 2, 2017 meeting minutes show Lakish had approached Saguache County Commissioners during a regular meeting to request that he take over the property since he had seen it on the tax rolls. He asked for a complete or partial “tax forgiveness” and told the BOCC he intended to use grant money from the governor’s office to open a movie studio. Lakish noted at that time that the property had been condemned.
County Attorney Ben Gibbons said the tax forgiveness couldn’t be contemplated because “other entities owed money on the tax bill.” After Lakish put forth some other unorthodox proposals, Commissioner Ken Anderson suggested any decision be postponed until the June meeting and Attorney Gibbons said they would consider the matter.
Lakish was back at the May 16, 2017 meeting to notify commissioners he had become the new registered agent for the White Eagle Lodge on the Secretary of State’s website and was moving ahead with his projects. County Attorney Ben Gibbons offered to help Lakish with his project and said he could refer him to programs to help pay back taxes.
A request in 2013 by the LLC’s owners Kramer and O’Halloran for a tax abatement on the property was denied.
Commissioners told Lakish any payments on the taxes with County Treasurer Trujillo would be made at her discretion and this is when he used the SOS trustee filing to negotiate payments on the back taxes. Only one payment was made, Trujillo said, and the agreement required timely payments be made or the deal was automatically terminated.