Thursday, May 21, 2009

Until the next Yellowstone Club Lawsuit

There are some very happy moments in my life when I think, “This can’t be real.” At some moments I feel so blessed by who I get to be with, or what I am doing that it seems like too much.

I wonder if the person that wrote the statement for Sam Byrne, managing partner of CrossHarbor felt that way. In the Billings Gazette on Wednesday Byrne is quoted as saying, "We are extremely pleased that the future of the club has been secured and we can now turn our focus to serving the needs of our members and enhancing our world-class private living and recreation community.”

I wonder if he had a smile on his face and thought, “This can’t be real,” because the situation is so insane. The club is still coming out of bankruptcy, there are still contractors and others waiting to get paid but the winning buyer in the auction for the club can focus on delivering fluffier pillows or whatever it takes to engage in world-class private living. I didn’t even realize I didn’t have a world-class private life before I read that statement. Imagine my embarrassment.

There is another interesting statement in the story that really highlights for me why this should be a bigger story and why there should be more discussion. In saying they were satisfied with the settlement a lawyer for club members said they were satisfied because the settlement “. . . will allow the resort to resume full operations and pay almost all of its unsecured creditors.” I’m intrigued by the idea that it will pay almost all of its unsecured creditors. If I read that right, the members are pleased that it is business as usual for them, even if that means that some of the labor that went to creating Shangri-la goes uncompensated.

My Aunt Terry had a good point in an email commenting on the MT Standard piece. She reminded me that even strip mining is obligated to try and make the land whole after they are done. Apparently I was unfair to the strip mining industry and other extractive industries when I compared them to the Yellowstone Club.

Monday, May 18, 2009

Good Review

I love the New York Times. I love it in the way only a non-New Yorker with a relatively lower middle class background can. I love it as an object of desire like a Rolls Royce or some other class symbol that I may someday (if I’m very, very lucky) get to ride in, but never own.

Today’s edition was like a lot of days. There were really interesting stories on credit cards, and some things actually came together in my head as the start of a fascinating self reflective essay. However, today I don’t feel particularly self reflective or fascinating, so I’ll point out a book I can’t wait to read.

If the book Lost in the Meritocracy Janet Maslin reviews in the article “Whiz Kid in College, Hold That Attitude!” provides any of the food for thought that the review does, it will be a great read.

I’ll let Maslin’s review speak for itself, but it seems to me that is one of those books that asks really scary questions, because we are all afraid at some level of getting found out. I’m not saying (nor am I divulging any) that we all have deep dark secrets, but it seems to me that my life in my thirties is a constant battle between trying to get a little wiser, and realizing that the depth of my own ignorance.

It seems as I hurtle past my middle thirties, what I have largely figured out is the things that I’m not as good at as I thought. I reminds me a of a story a former boss once told me.

She was picking up her seventh grade son from playing football one night, and as they were talking he said, “You know Mom, I don’t think we will all get to play professional football when are older.”

It was a funny moment, but fascinating that was the moment in which this particular kid figured out the playground fantasy was just that, fantasy.

So, I’m not unhappy. Heck, I’m probably happier now than I have been in a long time, but I’m looking forward to reading this book. Because I think I’m starting to figure out that we may not all write the great American novel someday.

Thursday, May 14, 2009

Strange Links

In the Thursday, May 14, 2009 issue of the Billings Gazette there were two stories about 200 miles apart that show the diversity of Montana pretty well. I have been following the Yellowstone Club story for some time, and the story “Auction of Yellowstone Club waits on negotiations” details the latest developments in this debacle. While the article talks of taking the bankers to the proverbial woodshed, I don’t see many real consequences for anybody involved here. The golf course at the club is greening up, the Blixseths are still rich, and Swiss banking still isn’t a bad business to be in. I’m guessing I wouldn’t mind staying in Montana for a few weeks on the dime of a Swiss bank even if I did have to be scolded by a judge every few days. It sounds like a timeshare presentation to me.

Just over 200 miles down the road they are trying to fill a prison and make a few bucks in Hardin. I’m not sure this was ever a good idea, but it is an ironic twist that in some places a house in Montana will cost you several million and just down the road they will pay you to send prisoners. The article “Al-Jazeera joins parade of media drawn to empty prison”. I coached a team for a few years that used to play in Hardin, and going to school in Billings I spent plenty of time out in that area. The bottom line is, it’s pretty hard to scrape together a living in that area of the state.

It’s the juxtaposition that gets me. A state that attracts the ultra-rich, and some lesser wealthy people who think it’s a great place to retire, it’s a pretty terrible place to try and carve out a modest middle-income career. While the jobless rate in Montana is low by national standards, so are the wages. I suspect that the low jobless rate has a lot to do with the fact that so many people have moved on.

Redistribution isn’t the answer, but there must be a balancing act that would work better. At any rate, there should at least be a place to have the conversation where people realize that these two separate headlines are related by two hundred miles of interstate if nothing else.

Wednesday, May 13, 2009

Yellowstone Clubber

Today an opinion piece I wrote on the Yellowstone Club for the Montana Standard appears. I’m pleased with the way it turned out, and pleased that the editor thought it was thought provoking which should be the goal of sharing and opinion.

I’m surprised that there hasn’t been more coverage of this case nationally. It could be that in an environment where a ponzi scheme has to be in the billions before it is considered serious that this kind of story just isn’t big enough. The New York Times published an interesting overview of the club, “
Club Med for the Millionaire Set” in March of 2006.

It is striking to read that article in light of current economic realities. The kind of celebration of wealth described in that article seems to have fallen out of favor, but represents pretty well the feeling about real estate throughout the early 2000’s when our houses represented our riches. In neighborhoods like the Yellowstone Club I doubt that has changed much, but it is no longer as fashionable to flaunt wealth.

I need your help: I am hoping to develop this opinion piece and some other work into a longer magazine (or hopefully) book length project. If you have an opinion, first hand experience with the Yellowstone Club, its contractors, or its members please email me at
chatohaze@yahoo.com or post to the blog. If you post I will delete any posts that are offensive or advocate violence. I might be wrong and if I am, I’d like to know. I also know there are some core issues here that are bigger than the club.

Monday, May 11, 2009

Graduation Speeches

This weekend was graduation at the School of Law, so it was a long week. It made me appreciate the fact that we do not work 6 day work weeks anymore. By the end of the day on Saturday I was wiped out.

However, the events of the weekend have kicked off a pretty good discussion of what it takes to be a good graduation speaker. I'm tempted to go with the easy two part definition of my friend Dave. They are two pretty easy points, don't be offensive and be brief. It seems to me that doing anything else is like showing up the bride on her wedding day. Everybody is there to see the graduate not you. Unless you are attending at protesting at Notre Dame this year would anybody really be there if it weren't for the graduate. I promise this, if you invite me to speak at your graduation I will be gracious enough to realize that I'm just the warm up act. The success of the day has far more to do with little Jimmy or Susie crossing the stage than any particular pearls of wisdom I have. There are probably more guidelines to truy great graduation speeches, but it occurs to me those are a good place to start.

The New York Times has a story today about the resolution of the court case in Libby and grace and asbestos. This one has been going on for a lot of years and is sad all the way around. I have recently been looking into the Exxon Valdez spill for a magazine article I’m working on and this has a similar ring but gets much less attention because there are no stunning pictures of oil covered birds. The tragedy is just as great, and is another example of how justice is lost in the legal process. (Thanks to my buddy Phil H. for getting me onto this story).

Thursday, May 07, 2009

The Trap of Tactics

I was a few paragraphs into “How David Beats Goliath” before I looked up at the author and recognized Malcom Gladwell’s name. The article is classic Gladwell, throwing a lot of seemingly unrelated ideas into a story with a strong central narrative and creating a mind bending milkshake.
It’s a great read, especially for those of us that love the game of basketball on a philosophical level. More importantly for that, as I sat at the computer last night reading it, it helped me come to terms with what I thought had been a meeting gone wrong.
The short story is that I had gathered a group, and started to talk about the plan. I had thought through the tactics and how to best push things along. Heck, I even had a Excel spreadsheet and a homework assignment.
The meeting went badly, because everyone kind of ignored that part of it. They wanted to know about the strategy. They wanted to know about the conclusions I had made in my head, and why we were doing what we were doing.
I had looked at the landscape of the organization and made a lot of decisions based on just getting the project done, and I jumped right there with the group. The problem is that I didn’t bring them along. I didn’t engage their thinking, and their perceptions of what needed to be done and who needed to do it.
What reading Gladwell (and a great phone call from a friend) helped me realize was that it is the way of thinking that matters. I didn’t the groups agreement on how to think about this project, and I didn’t respect how they viewed the problems this project would solve. So, when I jumped in with tactics they jumped back. They wanted answers to a lot of questions I didn’t have.
Today, I’m ready to take a little different tack and look at the problem and try to come up with new solutions, rather than just dive in with tactics. I think that is the challenge for most us in almost all parts of our life. We are rewarded for completed tasks, but much of the time it is the thinking, analysis, and problem solving that truly leads to innovation and ultimately makes our lives more fulfilling.
I can’t think of an area of life where this doesn’t apply. Even in my relationship with Christ, I can go about the tasks of teaching a Sunday School class or writing a tithing check, but Christ is clearly more interested in our thinking our or intent in those things. At work, I can go about the tactics, but what is personally rewarding and best for the organization is that I think about the problems in a long view which solves them in the long term, not just the short term. In my family, I can focus on getting everyone where they need to go without stopping to ask if we are going to the right places.

Tuesday, May 05, 2009

Quiet concerned

I keep pointing to this story, because it’s fascinating to me, but I might be the only one. Maybe it says more about me than it does anything else, but I’m still astounded by the latest revelations in the Yellowstone Club debacle.
Today, Edna Blixseth says that she opposed a $375 million loan. What exactly does that conversation sound like? It’s so mind boggling I can’t even imagine. The Montana Standard runs this quote, “’I was quite concerned with us getting a loan of that amount of money,’ she [Edna Blixseth] said of the 2005 transaction engineered by her then- husband, Tim.”
Quite concerned? My wife is quite concerned when I eat too much red meat or decide to play basketball with twenty year olds. Financially, I am quiet concerned that we might need to purchase a new vacuum or that the brakes in the suburban are going out. Anything over a few hundred dollars and I’m quiet concerned. Yet, in this article people are talking about $200 million dollars that went into a personal account like this is a fairly normal occurrence.
I don’t know the Blixseths, I only know a little about the neighborhood they purchased. It’s been a bad deal for everybody involved. The Yellowstone Club is like a cancer growing in the valley. In general I’m not even against rich people, but at some point this case highlights that we seem to have lost perspective when it comes to greed, gluttony and obscenity. Wealth like that in the face of so much need is nothing if not obscene.

If you need a laugh from the same paper read Bill Foley’s column today. If that’s not a Butte column I don’t know what is. A lot of times I disagree with Foley and I have accused him of being the worst columnist in Montana, but the longer I’m out of Montana the more I enjoy reading his stuff because there is something so “Butte” about it. Reading today’s took me back to a seat at a table in the Vu Villa drinking a beer and watching a kid in a letterman’s jacket walk up to the bar and walk out with a case. Different times.

Monday, May 04, 2009

Fish in New York Times

Today’s New York Times includes a link to the blog opinion piece by Stanley Fish called God Talk. I am a fan of Fish, and often have some piece of his in a pile on my desk waiting to be read, or waiting to be filed for reference in some currently unknown project.

What strikes me most today about the academy and the discussion on religion is how false much of it rings. Today’s discussion by Fish reminded me of a professional conference I once attended where they brought in a debate team for after lunch entertainment.

This was five years ago before much of the debate about gay marriage was settled, so as a topic it seemed provocative. However, the debate ended up being a debate over civil union versus marriage. It wasn’t much of a debate, because those that had given the topic had already decided that one of the two was the right answer.

Now I realize that collegiate debate doesn’t have a lot to do with the fleshing out of ideas, rather it’s about scoring points and judges. However, I think it is still and interesting example of where the institution of higher education gets many of these debates wrong.

Despite how you feel about gay marriage or any other hot button issue, the debate has to happen over the real conflict. The conflict is whether or not gay marriage is an option. The debate is pretty robust and over some key foundational concepts of what it means to be human, religious faith, psychology, law and a host of other disciplines. To start the debate somewhere other than at the core just doesn’t do much good. It alienates the University from those truly seeking answers.

I think Fish has some good thoughts in this piece, and I hope the debate about God and the meaning of life at Universities and elsewhere picks up steam and grows deeper. The answers to these questions shape every discipline.

Friday, May 01, 2009

More Yellowstone Club debacle

Were it not for the swine flu, Justice Souter’s retirement, and Chrysler headed to the big auto mart in the sky, the drama playing out in Bozeman, Montana would be getting national play. It has all the greed, conflict, and drama you could ask for and now the latest pictures have added a Hollywood actor to the mix. Of course, he’s just the latest celebrity to the mix.

Today in the Bozeman Chronicle, and the Billings Gazette are interesting stories about the ongoing saga of the Yellowstone Club. I have been interested in this story for awhile and wrote this opinion piece for our magazine awhile ago.

What seems to be missing about the most recent stories, and is missing from much of the coverage of this kind of story is the question of justice. It’s interesting for me to think about the fact that I currently own a home, or co-own it with the bank and they are really worried in this economy about me paying it off because I am among those that are “upside-down” due to changing market conditions. It’s my home, I’m going to pay it off. Yet somehow, on paper it made sense to someone to loan Blixseth $200 million. That $200 million pays for a lot of homes like mine.