Comments on: Greenstone Properties Operating Illegally?

By: Tammy Ikonen

Tammy Ikonen — Mon, 21 May 2018 22:26:56 +0000

Our precious citizens of Boise and Idaho deserve to have so-called laws actually be laws and enforcement policies put in place.

By: TFBoy

TFBoy — Mon, 23 Apr 2018 18:39:55 +0000

Editor, Since there is no penalty or enforcement provision for what you characterize as doing business, it is a matter of semantics. I maintain that there has been nothing “illegal” in the developers conduct and you are getting carried away in its use. Until the corporation files paperwork, it does not exist in relation to Idaho and the rights registered corporations have. That does not mean that its principals cannot fly the flag and test the waters for business. You are making something out of nothing just to stir the pot against a project you do not favor.

EDITOR NOTE–Do you favor the city accepting applications from “foreign” corporations?

By: rabula

rabula — Mon, 23 Apr 2018 03:49:02 +0000

Is there any penalty for doing business as an unregistered foreign corp? “Doing business” seems like a pretty vague description, especially if there’s no binding “action” or “proceeding” undertaken.

Justice Gorsuch would have a field day with the state trying to prosecute Greenstone for feeling out the appetites of local decision makers before making a formal proposal.

EDITOR NOTE–Like many Idaho laws, I cannot find a penalty. However “doing business” would include having an agent and holding a required meeting, making application to the city. It will be interesting to see if the city accepts their applications. We suspect Greenstone will quietly spend the token amount and register with the Secy State.

By: TFBoy

TFBoy — Fri, 20 Apr 2018 04:02:45 +0000

Easterner, where did you get your degree?

EDITOR NOTE–TF BOY, The GUARDIAN has checked with no fewer than 4 local members of the Idaho Bar and a CPA. They ALL agree (with the humble GUARDIAN) that Greenstone needs to be registered with the Sec. State to do business in Idaho. They also note it is simply a matter of acknowledging the GUARDIAN is correct and paying the token fee to register as a “foreign corporation.” Any way you define it, they are “doing business.”

By: JJ

JJ — Fri, 20 Apr 2018 03:05:06 +0000

@ Easterner—

What is “do business”…. that is why lawyers write laws that you need to hire a lawyer to interpret/defend. Job security for lawyers.

Just ask Bill Clinton what the meaning of “is”.. is.

By: rabula

rabula — Thu, 19 Apr 2018 19:18:13 +0000

Having, thus, been forewarned, Greenstone shall now register prior to any “action or proceeding.”

Greenstone, however, is not the problem. It is elected officials so desperate for what they see as economic development that they are willing to open the public purse and squander public amenities.

By: Easterner

Easterner — Thu, 19 Apr 2018 17:11:19 +0000

TFBoy, there is a law.
What are they teaching down there in Twin Falls?

Idaho Code Section 30-21-502. REGISTRATION TO DO BUSINESS IN THIS STATE. (a) A foreign filing entity or foreign limited liability partnership may not do business in this state until it registers with the secretary of state under this chapter.

THAT is a law. You might notice it by the fact is says Idaho Code. Code as in, “the book of law”.

But the more important point is, the words “do business” has a wide interpretation.

This is why we have attorneys.

By: JJ

JJ — Thu, 19 Apr 2018 17:10:51 +0000

I would define doing business as when an agreement is inked. An out of state developer hiring local consultants to advance pre-development work is standard practice, much of these draft agreements will have place holders in the agreements for whatever local LLC the developer will create by the time of signing the agreements.

Certainly Greenstone has some legal presence in Idaho by which they own/operate the baseball team.

EDITOR NOTE–They also have an “agent.”

By: TFBoy

TFBoy — Thu, 19 Apr 2018 06:32:01 +0000

Untie the knot in your panties. No laws have been broken. The company simply does not have the rights or protections afforded corporations until it is registered. Not a big deal at this stage.

By: katiemesa@gmail.com

katiemesa@gmail.com — Thu, 19 Apr 2018 00:29:57 +0000

Time to channel Margaret from the Hollywood Market! She was prescient about Bieter – back when many were in his thrall. Bet Boot Bieter would be in big letters on the Market sign if she was still here.

“In the decades that it was open, the Hollywood Market was the stuff of legend, but it was the small things—like the wicker basket on the counter filled with strips of paper like fortune cookie messages, each with a (misspelled) daily affirmation on it, which were free for customers to take—that made the store and its owner such a unique part of Boise.

The Hollywood Market was a quaint place to stop in for a piece of penny candy, groceries, a random household item or a cold beverage, but it also served as a soapbox for the socially conscious Lawrence—who made her less-than-favorable feelings about Boise mayors Brent Coles and Dave Bieter abundantly clear”.

https://www.boiseweekly.com/Cobweb/archives/2011/05/27/hollywood-market-closed