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Page 2 ^View»-^Bulletin, Belen,N.M. Thurs., Aug. 12, 1976HorizonContinued from Page 1.the fact that Hilgendorf had been in office less than two weeks, despite the fact that he had time for only a cursory examination of the class action suit data, despite the fact that Plantiffs counsel (a leading firm in the field) based its support for the agreement on 16 months of examining140.000 Horizon documents, deposing our officers and interviewing poten tial witnesses. If the Plantiffs counsel had - after such exhaustive effort -determined the settlement to be in the best interest of their clients, it might have been prudent to have, at the least, considered that. Yet you chose not to do so and the result was an embarrassing and expensive defeat for you and your office when the United States District Court accepted none of your arguments or contentions. Your intervention can at best be characterized as a costly, futile exercise to promote publicity for yourself with taxpayers' funds.An even harsher commentary upon your action is the subsequent decision indicated by the 39.000 customers involved in that class action suit; less than 6 percent of those who had the right to do so have filed any claim whatsoever.2. On Jan. 9. 1976. I met personally with you in your office to discuss Horizon's continuing effort to comply fully with New Mexico's laws, and our mutual concern with customer protection problems. You assured me at that meeting that your office had no problems with Horizon'.You further asserted that in the event problems did develop, your policy as Attorney General was to avoid costly litigation and. in the best interest of both consumer and New Mexico taxpayers, to seek resolutions directly with the company in question.Although members of my staff visit your offices frequently, no communication was ever made of any problem until this lawsuit was filed one week ago. This lack of candor by the Attorney General of the Slate of New Mexico is surprising.3. In February 1976. you chose to expend substantial New Mexico tax funds in another excursion seeking media coverage and endorsement. You prompted an intervention in what is known as the ' Scenic Rivers case involving a developer in Oklahoma in an appeal to the U. S. Supreme Court. In maintaining your position against developers and real estate interests, you asked the U. S. Supreme Court, in effect, to take from the State of New Mexico and our County Commissioners responsibility for and control over key environmental matters in subdivision developments. You would have these assumed by the Federal Government, though the U. S. Solicitor General expressed to the Court the govern ment’s contention that this was not the intent of the particular law in question.Once again you failed. The Supreme Court's decision was 6-0 against your position. And. once more. New Mexico taxpayers footed the bill for an ill-considered and pointless exercise.4. On Aug. 2. 1976, you filed your lawsuit against Horizon. It represents no discernible improvement in prep aration. decisions or legal bases than these other fruitless prior actions aimed at developers, or their interests. Indeed, the primary impe tus would seem to be the accumulated frustrations compiled from your unbroken record of failures.In your haste to initiate this action, however, you have erred grievously and tragically. You have plagiarized, directly from a suit filed in Arizona by the Arizona attorney general against Horizon, a list of individuals and a subsidiary corporation. Three of the men you join as defendants are Arizona residents and have never done business in New Mexico. These charges against them are, obviously, false; however, these men must now expend considerable money and time to have themselves represented and removed from this case Few individuals can afford such a costly recourse when a public official so carelessly and abusively uses the powers of his office.Additionally, your suit is filled with erroneous ‘fact’, including such basicerrors as the size of our development area, the nature, character and type of roads available and by the naming of some people as officers of the company who are not now and never were officers of Horizon Corp.Your lawsuit is predicated upon two New Mexico laws, the Unfair Practices Act and the New Mexico Securities Act. Just a token research of these statutes would have revealed, to you the following:Unfair Practices Act This act specifically ‘exempts' from its provisions any company regulated by any agency of the U.S. Government or of the State of New Mexico. Horizon Corp. is regulated by and has since 1969. been in full compliance with the Interstate Land Sales Full Disclosure Act as administered by the Office of Interstate Land Sales Registration. Department of Housing Urban Development.Horizon Corp. is in full compliance with the regulations of the office of the Attorney General of New Mexico requiring the filing of advertising and Subdivision Questionnaires. None of the Horizon materials submitted to the New Mexico Attorney General over the 17 years in which we have done business in this state have ever been challenged, denied or rejected.Finally. Horizon Corp. is in full compliance with the New Mexico Subdivision Act. whose enforcement is delegated to the county commissioners of those counties in which our developments are located. Our Rio Communities lies within Valencia County primarily and. in a lesser part, in Socorro County and we are fully compliant with and before the commissioners of each. Thus not in one. but in three respects. Horizon Corp. is exempted by the very law you cite.New Mexico Securities Act Your complaint here is that we have failed' to register as a security transaction any of our land sales activities. In the nearly two decades in which we’ve done business here, not one authority has ever suggested or proposed that a real estate sale be considered a security transaction. There is no leading security case onCosmeticsContinued from Page 1.All the cosmetics, a complete line, and vitamin products will be made from natural products. The natural ingredients will include the Aloe Vera, a Southwestern cactus plant; vitamins A. D and E. Ginseng, etc.. plus a pH balanced line to complement the skin tissue.The cosmetics will consist of perfumes, creams, lotions.shampoo. hair conditioning, etc. The vitamins are made to complement thecosmetics.Mrs. Lahr explained that she became interested as a stockholder and marketing representative after she had personally used some of the products, particularly the creams. She said she learned that her skin would not accept the usual cosmetic creams which contain an oil base. “There is no oil in our cream, rather a base from natural products. she said. Mrs. Lahr found this Chanon line of cosmetic cream met her needs.Equipment to be set up in the local leased building will include 600 topoint which even remotely supports ^ your “novel theory.This flagrant attempt to ‘shoehorn* a straightforward installment sale of 1real property - our business -- into Ithe New Mexico Securities Act is «unsupportable and inconsistent with Iall prior interpretations and legal Ifoundations. lt;We have been in business in New IMexico for 17 years. We shall be here lt;for another 17 and another 17 beyond that. iWe recognize our responsibilities 1to our customers and to the fellow 1citizens of this state and to those 1communities adjacent to our own. We 1will not step away from that 1accountability.And we recognize, too. that land *fraud exists to the detriment of this lt;industry. We support and encourage any solution to those problems that ! recognizes and protects the custom ers' interests and those of the areas • involved.We also note that land fraud most often is identified by the salient fact of the withdrawal and disappearance from the market of such operators. From them there is no recourse and of them there can be extracted no penalty.We remain in business, fully obeying all laws and rules. We are here, standing behind what we sell and our actions and activities ~ fully accountable and responsible.And we are still the largest land owner in each of our communities. As such we are among the largest taxpayers in the State of New Mexico. We have made additional contributions to the economy by employment, purchases and building activities.We urge you. Mr. Attorney General, to use these lax funds and the power of your office in better, more effective and efficient pursuits.To use us for your publicity and political ambitions serves no citizen of this State, nor any consumer here or elsewhere.Very truly yours. HORIZON CORP.Alfred Lehtonen Vice President and General Counsel1,000 gallon stainless steel tanks, with 15 foot mixers above; high speed filling machines, and tablet making and capsule filling machines.IPrinting boxes for the assorted 1 products will be produced bjr \ Westprint of Albuquerque while 1 bottles will be made foi the company 1 in Los Angeles.Mrs. Lahr has lived in Albuquerque | for the pavt 6‘ i years and resided in El Paso. Texas for 11 years prior to moving to Albuquerque. Torrison. a scientist, is both a chemist and pharmacist. Both Torrison and Martin expect to move here from California shortly.Horizon officials. Lamai Hanson, local manager, and Paul Shepard of the local office negotiated the contract. The cosmetic company officials became interested in Belen through Jim Garvin, director of AIDS of Albuquerque. Garvin attended the small reception for the Chanon representatives Tuesday afternoon.Jib GRjr% opei^ SATlA«g. 1
Newspaper Details
Belen News Bulletin
Belen, New Mexico, US
Thu, Aug 12, 1976
Page 2
Full Page
Clipped by
Pilar M.
NA, 13 May 2025
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