- 7 - broad powers “to do anything any citizen may do in any state or country” and “to construe the meaning and intent of this Contract and the Trustee(s)’ construction shall be conclusive, legally binding and will govern.” According to certain minutes of Hawaii Environmental Holdings introduced into evidence at trial, the initial trustee, Lee Allan Hansen, served as sole trustee from June 1, 1993, until May 20, 1996. On May 21, 1996, Lee Allan Hansen appointed two additional trustees, Cynthia Kay McNeff and James Scott Sparkman (Mr. Sparkman). At the time of the trial, Mr. Sparkman claimed to be the sole trustee of HEH as well as the sole beneficiary of Mercury Solar, which he described as a business trust.1 HEH’s minutes record that HEH’s goal was to eliminate “the use of fossil fuels as an energy source for the planet as well as the state of Hawaii.” The minutes also state that the trustees were to accomplish this goal through a grassroots referral-based marketing plan, sales of solar energy, and discretionary allocations of tax benefits to beneficiaries. The partnership agreement provided, in relevant part: “By signing this document you have become a beneficiary of H.E.H. You will be given a certificate documenting this fact along with a description of your rights and privileges as a beneficiary.” 1Mr. Sparkman owned Mercury Solar until 1993. At the time of the trial, Mr. Sparkman was receiving payments from Mercury Solar as a technical assistant manager.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011