Welcome to AREA420INFO.COM

This site contains important information for anyone considering purchasing plots in Area 420 Marijuana development located in Moffat Colorado.

POWER DISPUTE PAGE, full details following below the red hyperlinks below

This is a fact based blog website detailing the legal battle between Potch LLC and its representatives Whitney Parsons Justice and Mike Biggio VS Ridgeback holdings LLC and its owner Terry Ferrari (myself, the author of this blog). It is completely first amendment protected free speech as confirmed by Alamosa assistant District Attorney Patrick Deng on public record in court on 13th June 2024. It is packed with public record information, court dockets, motions, rulings, protections orders, original emails, text messages, audio and video recordings etc. 

Potch, Justice and Biggio tried to rip me off by selling me barren land worth $2400 for almost 4 acres. They promised me adequate power and water to inflate the value of the land almost 200 times its genuine worth to $400,000. They delivered NEITHER adequate power, nor water as promised. As well as trying to rip me off for the $400,000, they are going a step further by trying to foreclose on (and steal) my $1,800,000 investment, claiming I owe them payments on the land. I have a contract that says all payments and interest is suspended until they provide my power, so I don't owe them a penny. They installed a completely unsuitable 200amp single phase supply instead of my promised 2886 amps three phase supply to try and trigger the payments. They have also tried every method and illegal act possible to destroy me and to make me remove this complete true blogsite. Everything from faking death threats from me, to lying to get various protection orders from me, even to lying to have me criminally charged with harassment. Every one of their ploys has failed, all complaints, criminal charges and protection orders have been found to be without merit and dismissed, They have used this same trick to rip off other unsuspecting buyers which I prove on this site. Nobody in their right mind would buy their newly claimed BS that they sold me under 4 acres of barren land for $400,000 when its available close by for $600 per acre = $2400. They themselves purchased it for under $1000 per acre and did nothing to it apart from resell it for 100 to 250 times the amount they paid, in my case, based on false promises of adequate power and water. 

The original main blog page has been running for over 11 months. Justice and Biggio have pulled so many stunts and illegal acts in that time, the blog now takes close to five hours to read and is only for the hardcore anoraks or those that want every detail and all the dirt. It is too haphazard and all over the map. I have therefore decided to break the site down into different pages. You will see the new links and the coming soon links below.  Potch are suing me for Breach of Contract, Defamation and trying to illegally foreclose on my investment. I am counter suing their company for Breach of Contract, Civil Theft, Abuse of process, Colorado Consumer Protection Act Violation, Breach of Good Faith Dealing and a Declaratory Judgment. I am also suing Justice and Biggio personally for Malicious prosecution, improper conduct, abuse of process and for defamation. If you wish to see SUBSTANTIAL PROOF of their power promise, please scroll down this page. If you wish to see how dishonest these people are, please click the Justice and Biggio lies link below. If you wish to see the suspected illegal acts they have committed, please click the Justice and Biggio Illegal Acts link below. If you wish to see all their threats, insults and harassment, please click the threats, insults and harassment page. Or a full indexed list and download options for all the exhibits, please click the Exhibit page. I will also add a page with legal documents form the various lawsuits, court hearings etc. 

Potch claim in their lawsuit (too late to change it now), they they sold me land with NO power promise, nor even knew I needed power. Both our cases and all our claims basically come down to did they promise me power or did they sell me land with no power. Therefore this page main page will concentrate on the evidence regarding the power. Any court has to find 51% (more likely than not) that one party is telling the truth and evidence corroborates that. I have many provable lies against Justice and Biggio. They do not have a single lie to prove against myself as I am an honest businessman who is on the Autism spectrum. One of the traits of autism is that honesty and truth  is paramount. I simply do not lie to people nor about people. Plus I freak out way more than normal people when someone lies to me or about me. Hence this OCD blog site exposing this pair. I'm super angry at them. This blogsite was created to expose them, protect future victims and to protect my life savings which they are trying to steal. Main page links are below, then I will delve into all the evidence, both 'hard evidence' and 'circumstantial evidence' indicating my claim of power promise is irrefutably true. For context, in the two year and 4 months PRIOR to them filing this lawsuit, throughout our many communications, recorded phone calls etc, they NEVER ONCE said 'we sold you land with not power' as they are claiming in t his lawsuit. So they have ZERO evidence of their claim and all my evidence is below the main links. Please read it and judge for yourself. As I say all our cases hinge on this promise. Whoever's claim is the most believable will of course win the case. The loser gets nothing except a huge damages award against them and to be proven liars on public record forever. The truth is much easier to decipher when its all laid out in order on this page, and the attached pages. 

CONDENSED STORY PAGE. (live now, click the link to the left to visit page) this contains a summing up of my story, along with some of the exhibits, about 30 minutes to read in full for those that just want the main facts.

DETAILED STORY PAGE, (live now, click the link to the left to visit page)  this contains the whole story and many exhibits plus 11 months of journal type entries. Its about a 4 hours read excluding the exhibits

JUSTICE AND BIGGIO ILLEGAL ACTS PAGE Coming Soon) this will contain all the suspected crimes and attempted crimes committed any Justice and or Biggio. Including, but not limited to Theft, Extortion, Obstruction of Justice, Filing false police reports, perjury and blackmail. 

JUSTICE AND BIGGIO LIES PAGE (coming soon) This will contain all the various lies that Justice and or Biggio have told to myself and others, including law enforcement and judges. 

JUSTICE AND BIGGIO THREATS, INSULTS AND HARASSMENT PAGE. (coming soon) As the name suggests, it will contain many of the threats, insults and Harassment incidents documented against this pair before and during our dispute.

EXHIBIT PAGE (coming soon) This will have and detailed index and downloadable link to all the various exhibits and evidence scattered through this site, including recorded audio and video,

LAWSUITS PAGE (coming soon) This will link to both the business lawsuit I have against Potch LLC and the separate personal lawsuit against both Mike Biggio and Whitney Justice. It will contain the lawsuits as well and all filings, motions, judges orders, exhibits etc. 

IRREFUTABLE PROOF OF THEIR POWER PROMISE IS BROKEN DOWN BELOW I will indicate in brackets whether that particular piece of evidence is HARD or CIRCUMSTANTIAL in my opinion. Read and judge for yourselves. I'm sure you will come to the same conclusion as myself. I'm also sure the judge and jury will reach the same inevitable conclusion. The jury will also have to view my ENTIRE blogsite as it forms their defamation claim. They have to view the WHOLE site to decide if it is 'substantially true' which, of course I can prove it is and in that case, it will defeat any and all defamation claims arising from this blogsite. 

Firstly, Potch's lawsuit claims they did not promise any power, nor did they even know I required power. Of course this makes no sense for any experienced marijuana developer. They know that outdoor grows use a little power, greenhouse grows use a medium amount of power and that indoor grows use a HUGE amount of power. Potch knew we were planning an indoor grow BEFORE we even viewed the land and before we signed our purchase agreement. Their legal argument is now locked into their lawsuit, they cannot pivot and change their story now they have seen I have effectively blown their BS case out of the water and conclusively proved my counterclaim. 

1) (HARD evidence) 15th April 2021 Below is a snapshot of the AREA420 Homepage as save by the web archive machine on the 15th April 2021. This was 24 hours before we provisionally reserved our plots based on these promises. A written promise on a website is fully enforceable in law, especially if the buyer made a purchase on the basis of that promise which or course we did. We had spent weeks researching Colorado marijuana grow locations and websites and we came across. Its crystal clear from their advertisement that they are offering a 'turnkey solution' with power and water on site. It clearly states that Three Phase power is provided by X-Cel energy.

 

2) (HARD evidence) 15th April 2021 Below is another snapshot of their website on April 15th 2021. This is from their 'What we offer' page. Again it confirms 3 phase power to the property via Xcel Energy. It also states they are offering up parcels with everything included above. A no risk opportunity. Again its a clear written promise which we acted on when reserving our plots 24 hours after viewing this page and Biggio confirming on the phone all the same details regarding power etc.

3) (HARD evidence) 16th April 2021 Below is extract of email I sent to Biggio reserving 2 plots. I was shrewd enough way back then to offer just $50,000 deposit then another $50,000 when power is connected and for the owner financing interest to start from that date. Biggio had told me power would be a few months, he then changed it to 3 to 6 months. 

4 (CIRCUMSTANTIAL evidence) 17th April 2021. Extra of an email from Biggio recommending a steel building supplier as we had told him we were planning an indoor grow. ALL marijuana developers know that indoor grows consume a huge amount of power. This did not bother Biggio who was eager to take my cash whilst promising me the required power. (The building supplier ended us stealing $90,000 deposit off me, I paid him because Biggio told me he was trustworthy.

 

5 (HARD evidence) 26th April 2021 myself and my wife Pamela flew to Colorado and had a tour of Area 420 on this day by Mike Biggio. He repeated the power promise verbally to myself and my wife. Based on this promise, and that on those on their website we agreed to sign their memorandum of understanding. We met his Partner for just 2 minutes during this tour. We will both testify on oath in court that this promise was made. 

6 (HARD evidence) 29th April 2021. Email snapshot is below from Whitney Justice, welcoming us to Area 420 and sending the Memorandum of understanding which clearly says no further payments or interest is due until power in installed.

7 (HARD evidence) 29th May 2021. Below is extract of the contract Whitney Justice sent to use on the 29th May 2021. If you click the link, the full contract can be seen in a PDF file, opens in a new window. You can see clearly that our agreement suspends all future interest and payments until power is installed.

8 (HARD evidence) 9th August 2021. An email from myself to Whitney Justice after I noticed an 'error' in the contract. They had not inserted our agreed power clause. You will also note that I say to her that I expected it already to be on by that time. Of course this shows yet again they promsied me power

9 (HARD evidence) 10th August 2021. An email response from Whitney Justice confirming 'Yes that was our agreement' The title company was part of the email chain

10 (HARD evidence) 10th August 2021. Email from myself T Ferrari to Whitney Justice telling her that our contract to purchase is crystal clear that interest starts form the date that power is installed

11 (HARD evidence) 10th August 2021. Email from Whitney Justice to Myself. She said she asked her attorney to correct it as it was 'our agreement'. She even apologized

12 (HARD evidence) 10th August 2021. Email from Whitney Justice's lawyer Eric Theile to her with revised documents. But importantly, below is and email from Justice to her lawyer Eric Theile telling him I was not supposed to pay until power was hooked up. The crazy thing here is Eric Theile is the SAME LAWYER who filed the lawsuit against me stating that they did not promise me power not even know I needed power. So he is clearly lying as he is the one that revised the contract. So it looks like their lawyer is as corrupt as they are. I know lawyers have a bad reputation but this stuff really stinks.

13 (HARD evidence) 10th August 2021. Extract of tract 123 promissory note, clearly showing future payments and interest suspended until power installation. Click the picture to download the full promissory note in PDF format (opens in new window)

14 (HARD evidence) 10th August 2021. Extract of tract 123 Deed of Trust, clearly showing future payments and interest suspended until power installation. Click the picture to download the full promissory note in PDF (opens in new window)

15 (HARD evidence) 10th August 2021. Extract of tract 128 promissory note, clearly showing future payments and interest suspended until power installation. Click the picture to download the full promissory note in PDF format (opens in new window)

16 (HARD evidence) 10th August 2021. Extract of tract 128 Deed of Trust, clearly showing future payments and interest suspended until power installation. Click the picture to download the full promissory note in PDF (opens in new window)

17 (HARD evidence) 1st November 2021. Copy of text from myself to Mike Biggio. Telling him we should have the load requirements in a few days and will send straight across to him. His lawyer lied in the lawsuit and said we gave out load letter to SLVREC the power company. We NEVER gave it to the power company which they have confirmed you only give the load letter tot he person setting up your power, which is why we only sent it to Mike Biggio. Also you will see that I asked him if 277v three phase would be available or just 240v three phase as we had to get our facility designed for the right voltage. Biggio called and said power was 277v. I paid our facility designers $28,000 to design our facilities based on the 277v power promise form Biggio. All the messages are forensically verifiable. Its clear evidence of the power promise trail.

18 (HARD evidence) 16th November 2021. Email to Mike Biggio sending our load calculations across in a spreadsheet. The email states that we need 2886 amps of three phase power.

19 (HARD evidence) 16th November 2021. Text reply from Biggio after receiving my load letter. He states that he received my email and is passing it to the power company. note. If they had sold me land with no power, Biggio would have no role in this and I would have to send my power requirements directly to the power company. The fact that I only sent it to Biggio and he accepted it is solid proof that him and his company Potch were arranging my power as promised b their glossy website. 

 

 20 (CIRCUMSTANTIAL evidence) 19th December 2021. I had offered Whitney Justice to pay my next $100,000 payment early because I mistakenly thought it was due February 2022. I did not realize it was only due SIX MONTHS AFTER they supplied my required power which will be never. This is a copy of an email from Whitney Justice saying nobody except me pays the, early. This goes to show the trust I had in these poeple to follow through with their promise plus my honesty as a businessman. I prefer to pay my debts early and ALWAYS pay my debts. I have never been sued for non payment until this bogus lawsuit they filed on me. 

21 (CIRCUMSTANTIAL evidence) 27th December 2021. Email from Whitney Justice saying she had received my $100,000 check. I demanded this back when I found out they had refused my power in June 2022. They refused to return it so this forms part of my claim for civil theft which entitles me to TRIPLE damages so that would be $300,000 for this payment they illegally held onto. 

22 (CIRCUMSTANTIAL evidence) 9th may 2022. Email from myself to Biggio and his reply. Myself telling Biggio I may have to go with the lease generators as I cannot risk finishing the building with no power in place. Then Biggio stringing me along even more as usual

23 (CIRCUMSTANTIAL evidence) 10th May 2022. A year after signing our contract and 6 months after power was due to be connected. Mike Biggio emails me to tell me more companies he is talking with to get power. By this time, as I knew my building was about to start. I was going to start looking to lease a generator on a temporary basis as I was starting to doubt Biggio would come through in time and was keep to get operations up and running. Click the picture below for the full email and list of companies he was supposedly working with. More BS

 

 

24 (CIRCUMSTANTIAL evidence) 22nd May 2022. Extract of an email form myself to my site manager Mike Young. It states that we have worked out a long term power plan with Mike Biggio (he was still stringing me along over a year after initially promising us power would be 3 to 6 months. Importantly in this email it stated that Mike Biggio had promised us a 200 amp drop the following week that we could use for construction purposes. This power 200 amp single phase construction power was not installed until August 2022. Biggio and Justice have tried to use this 200 amps construction power to trigger the interest and payments on our loan when they had promised me 2336 amps of three phase power. 

 

25 (CIRCUMSTANTIAL evidence) May 2022. One of many stringing me along texts from Biggio with another potential power option. He strung me along for over 2 years until July 31st 2023 when Justice illegally demanded I start to may interest and balloon payments despite them not being due until they supplied my required power

 

26 (CIRCUMSTANTIAL evidence) May 2022 In potch lawsuit, they lied and stated that when they received my load letter in November 2021, I had already started construction on my building. I did not start the concrete slab and erecting the frame work until May 2022 SIX MONTHS AFTER sending my load letter to them,

Video of construction can be seen HERE (video opens in a new window) 

Just to give the readers clarity on what happened next, I'll give the back story below.

As Potch LLC kept pushing my power date back, I kept asking SLVREC for the install date. They failed to respond to numerous calls and emails asking for updates despite taking my new customer deposit in late 2021
One day around this time I saw an SLVREC engineer at my site and asked him for a update on my power installation. He replied with an almost unbelievable story........
He said SLVREC had had a meeting with Whitney Justice the owner of Potch LLC. They had presented her with 2 package options. Package one included the 3 phase power I required. Package 2 was for a tiny 200 amp single phase power drop to a few sites including mine. (FYI a 200a single phase drop is what is usually used on domestic houses, completely unsuitable for any commercial indoor Marijuana grow) He said Whitney justice had decided not to go for the package that gave me my promised power but she had chosen the cheaper basic minimal power instead.
I was shocked and stunned, this had to be a mistake. Surely this huge company that had sold millions of dollars of plots would not do such a thing? Especially without bothering to inform me. Obviously, they could have simply told me to hang fire on the building, at which point I could have relocated at relatively low cost, instead of watching me construct this huge expensive building knowing all along they had misled me as to power availability and worse still that they had refused SLVREC's offer to supply me the power I needed.

 27 (HARD evidence) 26th June 2022. Email from myself to Whitney Justice.  Full email is below, original email is HERE

From: t ferrari <terrylferrari@gmail.com>
Date: Sun, Jun 26, 2022 at 3:28 PM
Subject: Power to lots 123 and 128
To: Whitney Justice <whitney@coloradoarea420.com>
Cc: Michael Biggio <michael@coloradoarea420.com>
Hi Whitney and Mike


I really need to know if I am getting the required power to lot 128 anytime in the next few months. I've uprooted my life in Florida, liquidated all my assets and invested almost
everything I have into these plots (over $1.5 million spent already), all on the often repeated promise that power is a few more weeks or a few more months away.
 I have a $225k building sitting on plot 123 brand new unopened and no point in doing anything with it because there is no sign of power at any point soon.
 

Then the guy from SLV tells me he gave Whitney a number to supply my power along with the others required and she said no, effectively cutting off my easiest route to power.
That is just so wrong. I've supported you guys all the way, sang your praises to everyone, even lent your contractor's my telehandler and scissor lifts where not only saved your investors' tens of thousands in rentals but they were returned broken.
Today I hear you are still selling plots without the power issue resolved. I hope that is not the case, because that's not fair to myself nor any of the other owners already having power problems. I researched for many weeks before settling on your area 420, you sold me with the promise of no building regulations, power on site, no red tape for licensing etc Now here I am almost a year later, all my chips on the table and no power nor any sign of anything anytime soon.
This should not have been a surprise to you guys, there is no way you could not have seen this problem coming. Even the outdoor grows mostly plan to upgrade to some kind of greenhouse or indoor grow eventually.
If you had at any point said to me 'Terry ,we have a serious power issue, you need to pump the brakes on your builds'. I could have perhaps continued with my real estate deals in Florida instead of pumping everything into this moffat project.
 You have potentially tens of millions of dollars worth of land for sale in PH2 and PH3, of course it's going to need significant investment in the power infrastructure, but as with all business you have to speculate to accumulate. You cannot simply sell the land and hope to fix the power later, a solid plan needs to be in place beforehand.
Had I bought anywhere else, not only could I have bought hundreds of acres for this outlay, but I'd also likely get easy power because they would unlikely be as tapped out as area 420. Yes I'd have had more red tape and building regs etc, but that is preferable to my current situation where
 I'm being quoted extortionate prices for generators with diesel at record high prices and left with zero alternative at this point because you guys have let me down and not followed through with your promises. I have attached the latest (below) lease offer from the power guys, it's almost doubled as they now do not want the balloon payment at the end. Remember this is just for 50% of my power needs and it EXCLUDES any diesel costs.
I really hope that you guys do not continue to sell plots until you solve this power issue because that would be just plain wrong. I also expect you to return the 100k I paid early as I paid it thinking power was weeks away and it was not due until 6 months after giving me the power that I need which at this point could be next year or even beyond.

Please can you urgently get back to me in writing and let me know exactly where we stand on power issue for both plots. We need to keep everything written going forward to
save any confusion and any disputed 'he said, she said'.


Best Regards
Terry Ferrari
561 317 4507

 26 (HARD evidence) 27th June 2022. After Justice had replied basically saying talk to my lawyer as she did not feel well. I sent below email. Original email is HERE Its clear to all that had she not promised me power, she would have told me that in her response to any of my many emails and messages. In the 2 years and 4 months since I agreed to purchase the two plots right until the date of their lawsuit. They NEVER ONCE ever claimed to have not promised me power. The very first time they made this completely false claim was in their lawsuit on August 29th 2023. Also, I clearly stated in this email to both Biggio and Justice that Mike Biggio had told me they should never have taken my money without a power solution in place. Had that statement been incorrect, Biggio would have certainly corrected it.  

From: t ferrari <terrylferrari@gmail.com>
Date: Mon, Jun 27, 2022 at 9:04 PM
Subject: Re: Power to lots 123 and 128
To: Whitney Justice <whitney@coloradoarea420.com>
Cc: Michael Biggio <michael@coloradoarea420.com>
Hi
I don't feel well either, my mother in Australia died today. I very pissed off at the moment and could also do without all this headache
What you are effectively saying is "Thanks for your 200k. I don't care about letting you down on the power I promised you, I'll have my lawyer respond as I cannot be bothered."
It annoys me that you cannot be bothered to solve this amicably and are immediately resorting to your attorney I can tell you that threats of attorney's do not worry me. Also I have not made any unsubstantiated allegations. I believe the SLV contractor who told me that you refused to accept their proposed price to upgrade their substation. He had no reason to lie. Also their representative told the same to my wife over the phone. Finally, Mike Biggio confirmed it to myself and my wife later the same day. At least Mike was honest. He said you should never have closed on my land until you had the power in place. You chose to do so and take my money and put me in this predicament. I'm just asking for help resolving it, not threats from lawyers.
Please put yourself in my potion. I sold all my properties in Florida, purchased your land with the promise of all utilities being connected supplying my required power, 'In the next few months'. Moved here spent over $1.4 million on this project to date. Only to be told that you turned down the option for my power and I am now in an extremely precarious position. Instead of offering resolution, you simply respond with legal threats.
If you want to play hardball over this, I'm fine with that. I can tell you right now, if you try to screw me or wriggle out of your promises, I will give yourself and area420 the most widespread HONEST negative publicity you could ever imagine. This shall include warning everybody not to buy in area 420 because of your ongoing power problem which you are aware of whilst supposedly continuing to sell lots.
My online skills stretch far and wide. That's how I managed to get that jerk Waldroop indicted who stole 90k off me, by publicising his actions and bringing all the victims together. I only gave him the cash because you guys recommended him. I've not complained to you guys about that. I just took it on the chin and pursued him with the authorities. Thankfully he is headed for jail, his trial is scheduled for 11th July.
I know many others are having the same problem as myself so you would be far better to find a solution than to make threats to buyers that you have let down.
I would much prefer not to fall out over this issue. But if I hear from your lawyer rather than yourself, then I shall consider that you are choosing to fall out instead of finding a resolution. I did not make any legal threats and did not expect to receive any back. The ball is in your court.
I'll respond appropriately and proportionally to whichever way you choose to deal with this.
Best Regards
Terry Ferrari
561 317 4507

28 (HARD evidence) undated. The engineer at SLVREC will testify in our trial that they gave Whitney Justice a price that included my required three phase power and that she declined that price and instead elected to give me a unsuitable single phase 200 amp drop to each of ply plots

29 (HARD evidence) undated. The office administrator at power company SLVREC will testify as above

30 (HARD evidence) undated. The manager at power company SLVREC will testify as above

31) (HARD evidence) 21st June 2022. Email from Whitney Justice to Myself and Mike Biggio. She clearly states the are working hard to get ALL Phase 2 clients power (I am a phase 2 client so of course this includes myself)

 

 

32 (CIRCUMSTANTIAL evidence) 28th June 2022. Email response from Whitney Justice after me freaking out at them letting me down on my promised power. BOTH Whitney Justice and Mike Biggio received the above 2 emails from me. The emails spell out clearly and concisely what I was promised. Had ANY statement in either email been untrue, you can bet they would has responded correcting it.†instead of her simply complaining about her covid.

33 (CIRCUMSTANTIAL evidence) 28th June 2022, 1st clip from recorded meeting. I was fed up with Biggio stringing me along with false promises, so I recorded the next couple of meetings. Transcript of the first extract of this meeting is below. The audio link to that extract is HERE. As you can see he is still stringing me along with 'pie in the sky' promises of different solutions just had he had been doing since May 2021. More proof they were arranging my power.

.................

Mike Biggio: I told you that I have a new contact that Iím working on the Xcel Energy representative they gave me like a third party that does rebates and they have a program where we wouldnít be paying um taxes they give us like, its like a whole new for the cannabis industry indoor agricultural program. She has a lot of connections in the alternative energy arena. Sheís coming down here on Tuesday with some of her partners to look at putting a project together. And then tomorrow I donít know if you know this guy? Have you ever heard of this guy Marty Hale? Or this guy Dan Brozerian

Terry Ferrari: No

Mike Biggio: They are these crazy, crazy billionaire guys that are making a move into cannabis they were big social media they got in the CBD industry, well anyhow, heís flying out here tomorrow

Terry Ferrari: Right

Mike Biggio: And Iím looking at the proposal is for them to come in and fund the alternative energy project

Terry Ferrari: Yeah

Mike Biggio: So go back to RWH for everything that they are offering but actually put the money on the table.

34 (HARD evidence) 28th June 2022, 2nd clip from recorded meeting. Audio link to that extract is HERE. Biggio promising he will reach out to SLVREC to see how much they want for the transformer which I was offering to pay for (they actually need to run 3 phases lines 1.5 MILES into area 420). Biggio should have known this before selling plots with promised power. He even admits that the amount of power we needed threw them a curveball. Again proof they were arranging my power. This is their fault for not setting any limit on it when the sold me the land. Had they set a power limit, I would have purchased elsewhere. Plus he is as usual stringing me along with more pie in the sky power plans.

Terry Ferrari: And if need be, I can pay for the equipment for 3 phase, I can do that at my end, I knows its expensive the transformers, but I can buy it if I have to. Do you know what I mean?
ÖÖÖ
Terry Ferrari: Yeah and if they say we donít care if you convert it at your end, Iíll pay for a transformer either off them or another company. I know that when we first spoke to um, when we was looking at a plot just down the road in Mosca or whatever it was. They said at that time, we can run you straight in for the normal drop, but if you want 3 phase youíve got to pay extra for the transformer and they said it ainít cheap. I mean I donít care Mike at the end of the day Iím so fucking fully invested in this, if it costs me some extra somewhere Iím not going to necessarily come crying to you guys. Lets just try and solve it as a team I mean you know what I mean. I mean if we can do that I can probably get enough growing to earn a living while we fix it all. Thatís all I care abut long term. You know what I mean?
Mike Biggio: So Iím going to reach out to Terry as soon as weíre done here and ask that question. The permanent solution and I think this is where this is going? Have you seen these flow batteries? Did you see what they just did up in Ft Collins over at the base? Iíll try and send you the article. I think the technology is thereís, so the 2 companies
Terry Ferrari: YeahÖ Right
Mike Biggio: Um 8270 solar and a representative from Excel Energy is coming down next Tuesday. This is the kind of projects they are working on.
Terry Ferrari: Is the flow the kind of storage that stores the energy for the night or whatever 
Mike Biggio: Yeah So Iím trying to pull this up. So what they is they are just big containers. Sometimes they put them in shipping containers, these new ones look like little main water storage tanks. 
Terry Ferrari: Yep
Mike BiggioAnd its just a basic saline solution in there. That saline solution last for 25 plus years and you can just change the solution out.
Terry Ferrari: Yep
Mike Biggio: But they just built a 10 megawatt 10 hours station which I think is exactly the size that would be good for us to start with um up on the military base up on Ft Collins. 
Terry Ferrari: Yep
Mike Biggio: It just went into production, I mean the technology is there and we have the solar for it so to me that finds hand in hand with agriculture because we donít need it you know during the day weíre good. Weíre brining power in from the sun.
Terry Ferrari: Yep
Mike Biggio: But we need a bank of 10 hours power
Terry Ferrari: For the night yeah
Mike Biggio: So I think thatís where this is going, thatís the discussion that I have with this investor tomorrow.
Terry Ferrari: Yep
Mike Biggio: Is putting that in, I mean cos even after we bought in the SLV grid I mean it just a raw deal I mean these power companies have a monopoly. They charge you to build their infrastructure for them
Terry Ferrari: They rebate some of it back if you get a big outlay like that? I mean thatís what the guy told us if you had to like put a big lump up he said they give you so much back per year for the first three or five years or something. On your spend. Or does that only go to the customer? What did they say to you about that?

Mike Biggio: That goes to the customers
ÖÖÖÖÖÖÖÖÖÖ..
Terry Ferrari: Yeah
Mike Biggio: So I think that this is forcing this project to go that way for much longer. So hopefully tomorrow I might hear good news on that and Tuesday again Iím meeting with I mean I canít explain I mean we are in the exact same boat.
Terry Ferrari: Yeah I understand yeah.
Mike Biggio: Yeah and I do I understand your position and your frustration. I mean we want to do good business out here we never wanted to get anybody into a situation where there were you know at a loss. I think what, like I told you before, I mean what really caught us is just the amount of power that you are building out there I mean that threw a curveball to us I mean no ones ever come even close to needing that..
ÖÖÖÖÖÖÖÖÖ..
Mike Biggio: Yeah well those lines were already there from 
Inaudible
Mike Biggio: What we are working on right now we have a water attorney and an energy attorney. Our energy attorney is working on with negotiation with them to do an intergovernmental arrangement. Basically saying that SLV does not have the capacity to provide at a reasonable cost that they have um sat on their hands and not upgraded their substations as they were supposed to per their contract and there is some evidence of that and they would then give Xcel to transfer X amount over and to satisfy that and if we could make that happen then that could be the solution at least for the first round people who are trying to get going in there and then figure out how much they would allow and the continue working on it. 
Terry Ferrari: If I see a long term plan in place I donít care about my second plot I just want to get up and running even at a reduced capacity which I can do some with power and some with generators. I donít care what I have to do just to get ticking over. Just to put food on the table and keep my guys in work> I mean long term I know you are going to have to fix it because youíve got all these plots to sell. Do you know what I mean? 
Mike BiggioWeíve got it. And thatís the pitch to investors now I mean here's the opportunity and here's the proof of concept. 

35 (HARD evidence) 28th June 2022, 3rd clip from recorded meeting. Audio link to that extract is HERE. Biggio promising to see about getting me as much damn power as they can. More proof they are arranging everything

Mike Biggio: So Yeah I guess there is two things here, on the immediate interim, Iím going to reach out to Terry and see if you can convert these to a 3 phase. If not, then lets see abut doing more drops over there to get you as much damn power as you can. 
Terry Ferrari: Yeah 
Mike Biggio: Using as little generators as possible
Terry Ferrari: And tell him Iím happy to pay what it costs to convert it to 3 phase. I donít want no one to think ĎOh no he donít want to put his hand into his pocketí. If I have to pay some money I will do it Mike I just want to get this solved do you know what I mean. I know thatís not a long term solution but if that can be enough just to get me going thatís all I care about. I donít care if I, Iíve got 12 flower rooms right? I donít care if I get 3 of them going. Just get something running then go Okay we can all breathe now. And then like lets stay partners in this and work together, I want to be like shouting your cause from the rooftops, not be like one of those others out there slagging you off because of all the power problems. Because that donít help anyone you know what I mean?
Mike Biggio: No, No yeah. Exactly. So yeah anything I can do. Iíll keep you posted and abreast of these other conversations. 
Terry Ferrari: Yeah, I mean just keep me in the loop because the closer I get to it the more I panic
Pammy Ferrari: Heís had a lot of sleepless nights.

36 (HARD evidence) 28th June 2022, 4th clip from recorded meeting. Audio link to that extract is HERE. Me telling Biggio I had checked with him that I was going to have 277v power before I spent $150,000 on 277v lights and he said YEP. More stringing me along  that he hope to hear by Friday if my 34phas eis going to be a possibility. Also my wife said to Biggio that I told her to move to Moffat because 'We've got lots of power.

Mike Biggio: Its just gonna be strengthening the case for these investors. Look we have two big fish out here that are looking to consume some serious power. 
Terry Ferrari: Yeah and you can tell them the buildings already on the floor so you know Iím going to need the same again there. Thatís a lot of power just those two isnít it? So thatís got to be a plus point when they are talking about whether they are going to put their hand in their pocket.
Mike Biggio: And on out end I think where we can show our commitment and you know going in our own pocket the 60 acres that we purchased. We are putting that entire property on the table to generate the power. We are not getting in between it, Iím not asking for anything of that. Thatís the reason we picked that up. Was to make the whole thing you know? A reality. 
Terry Ferrari: Yep
Mike Biggio: So you know anything, I mean we have no choice, this has to be figured out one way or another. 
Terry Ferrari: Alright then so if you can just let me know what the situation is gonna be on the drops as they come in and whether they can convert them and if not, Iíll take what they can fucking give me. If I have to change my lights or change something in some rooms to get going Iíll do it. If I have to go to single phase just to get.. But I donít want to because Iíve bought all my Iíve got 14 big HVAC units there 10 ton ones they are all 3 phase they are sitting on my land you know what I mean. And Iíve got a hundred and fifty grand worth of lights, all of that is 277 volts, because I checked with you in the beginning. ĎAm I going to have that?í You went ĎYepĒ so I went OK all of them because thatís what they said is the smart ones to get, they are all sitting there in my container do you know what I mean. 
Mike Biggio: They make more efficient sue of the power thatís why
Terry Ferrari: Yeah so thatís why I did it forward thinking, thinking I was forward thinking now its biting me in the ass if I might not be able to get the 3 phase. Its just whether if can be done and I know it can and what it costs Iím prepared to pay I just want to get something going do you know what I mean. 
Mike Biggio: And now I believe. Iím hoping Friday of this week we should be hearing back on the whole , you know, if its going to be a possibility. I mean I doubt I know how much is what but Iíll know if thatís an option
Terry Ferrari: Yeah just keep me updated Iím content with that. I might get a little bit of rest then so just the urgent issue is just let m know about the drops in and how much and stuff like that. And then we can at least Like I say Iíll get some generators in Iíll buy some smaller ones I mean not 20 ones but I donít mind doing a bit of fuel. Iím going to crunch all the kilowatt numbers myself, I mean with what power they give me, the power company, if I can add some power to that just to get myself a minimal grow going enough to tick over, keep my guy in work. Put some food on the table while we look for a long term solution, thatís fine for me. Iím a realist, I know what predicament everyone is in, and Iím not like, I just donít want lawyer threats, I just want to be able to talk stuff out and all stay on the same team. You know what I mean?
Mike Biggio: Definitely. Right thatís exactly what Derek is looking at doing right now. Bring a little scale up, run everything they can off of single phase power. As Iím understanding it, their big extraction machines, thatís gonna need to run 3 phase generator and kick it on for that time. And then you know only for that and the rest of the time they are humming on basic power. 
Terry Ferrari: Yeah Okay
Mike Biggio: So yeah and then its going to be a big big scale up on their end too.
Pammy Ferrari: See we moved here because terry talked me into it. He said ĎOh weíve got lots of powerí. He sold it to me. I donít even fucking like this area. 
Terry Ferrari: Yeah she goes ĎWhy the fuck did you bring me to Alamosa?í
Mike Biggio: Yeah I lasted two and a half years in Crestone and then she finally blew her top.
 

37 (HARD evidence) 28th June 2022 5th clip from recorded meeting. Audio link to that extract is HERE. Biggio assuring me he would tell me when the imminent drops were coming. (They did not come for 4 months) Plus he would let me know about converintg to 3 phase or more drops.

Terry Ferrari: Well thanks Mike, I appreciate it, so Iíll wait to hear from you, just let me know as soon as you, just keep me in the loop thatís all I ask. Especially about the drops, when you think they will be coming in, that will be fine. 
Mike Biggio
: First thing I'll be letting you know, and that could be as soon as today, when those drops
are coming and then what it looks like to convert to three-phase or drops or more drops. And by the end of the week, I'll let you know what it's looking like for that, you know, governmental... (inaudible)

Terry Ferrari: I appreciate it.

38 (CIRCUMSTANTIAL evidence) 6th July 2022, More texts from biggio stringing me along about power.

 

 

39 (HARD evidence) 13th July 2022. Email from myself to Whitney Justice and Mike Biggio. I had spoken to SLVREC to try to arrange power myself as I was fed up with their BS and delays. SLVREC had quoted me $1,000,000 for power. I clearly point out to them in this email that I had trusted them. I asked them to sell me 10 acres next door so I could try to build a solar solution. I tell them that if I can solve the power problem myself then I would expect a discount on my plots. I also complain about buying land for a premium price off them to have all the stress taken away. More clear proof that they promised me power. I also complain that I cannot up sticks and walk away as I heard others had done or were planning to, as a direct result of them also being let down on power promised by Potch.

40 (HARD evidence) 24th July 2022. Email from Whitney Justice to myself, in response to me asking her if I could convince SLVREC to hand the lines over rto the power company next door XCEL Energy, if they would be able to supply my power. She states that they spent a great deal of time with Xcel trying to work out an 'invasion agreement' with SLVREC. They even hired an attorney to 'take another stab at it'. All this stuff was done behind the scenes without my knowledge. They never once told me about their power issue. They sold me the land with the promise of power, expecting to be able to solve the problem later. They were unable to solve it, and did not tell me. Instead they sat back and watched me construct my huge facility knowing full well they had declined the price for my power. Worse still they then tried to sue ME for breach of contract and steal my investment, despite them being the ones that had clearly breached our agreement.

41 (CIRCUMSTANTIAL evidence) 12th August 2022. Email from myself to Biggio and Justice plus Biggio response telling me they were disappointed with SLVREC lack of professionalism. They were still pushing me to comp,laing to SLVREC about my lack of power. Making me do their work for them as they had promised me power, not SLVREC. Plus I have given my load letter to Potch, not SLVREC

---------- Forwarded message ---------
From: Michael Biggio <michael@coloradoarea420.com>
Date: Fri, Aug 12, 2022 at 11:55 AM
Subject: Re: SLVREC
To: t ferrari <terrylferrari@gmail.com>, Whitney Justice <whitney@coloradoarea420.com>

I am stunned with the lack of professionalism! Thanks Terry. Please keep us posted.

From: t ferrari <terrylferrari@gmail.com>
Sent: Friday, August 12, 2022 9:18:54 AM
To: Whitney Justice <whitney@coloradoarea420.com>
Cc: Michael Biggio <michael@coloradoarea420.com>
Subject: Re: SLVREC

Thanks for the update, I'm expecting to file my complaint early next week. Gave them a few weeks to respond and have heard nothing except a voicemail

will keep you guys updated

 Terry

Best Regards

Terry Ferrari

561 317 4507

42 (CIRCUMSTANTIAL evidence) 24th August 2022

---------- Forwarded message ---------
From: Michael Biggio <michael@coloradoarea420.com>
Date: Wed, Aug 24, 2022 at 10:33 AM
Subject: Re: SLVREC
To: t ferrari <terrylferrari@gmail.com>
Cc: Whitney Justice <whitney@coloradoarea420.com>

Thanks Terry! I will get on this today.

I will keep you posted. 

Additionally, I had a great meeting this morning with Hank Held regarding the geothermal. We are setting a meeting first week of September to go over all the details. I would like to bring you and Derek in on the discussions.

I will keep you posted on the exact date and time.

43 (CIRCUMSTANTIAL evidence) 10th September 2022, Another text from Biggio lying and saying they had connected 400 amps when it was only 200, plus more strining me along about the main power in the text below it

44 (HARD evidence) 26th and 27th October 2022, Email from myself to Mike Biggio and his response saying he will send me over the purchase option for TEN ACRES at $2700 per acre so I could look at potential solar. This shows how much land with no power is worth. Even at their inflated $2700 per acre fee, it would come to around $10,000 for my plots and not the $400,000 they were still trying to rip me off for. Please check the highlighted section, I clearly remind him that I was promised everything virtually ready to go (the ideal time to say 'No we sold you land with not power' had that been true) then I say that I will see how their various plans work out (proof they were still stringing me along) and finally I wish they had told me before I'd constructed my building (which they have spent the last 11 months trying to steal from me). More hard evidence of their promise and failure to keep it. Full email can be seen by clicking HERE.

As mentioned earlier, I'm undecided if I'm going to build the larger building on the next plot, or just buy a plot somewhere else without the power difficulties. It sucks that I'm in one of the hardest spots in the state to get power due to the success of phase 1 etc. Especially as I was promised everything virtually ready to go which is why I agreed on such a premium price for the plots.  I'd have been better off buying elsewhere and just jumping through the licensing hoops. But for now I just need to get first building up and running and see if I can make some money. If that works then I'll wait to see how your various power plans pan out before making decisions on solar etc. The larger building I will make a decision on down the line.

I just wish someone had told me the problems before I poured the slab and put the building up. I could have written off some fencing etc, but of course cannot move the building so I am just stuck now trying to find the best solution.

Please remember to send the option for the 10 acres as agreed, it would be nice to know I have that to fall back on if all else fails.

45 (CIRCUMSTANTIAL evidence) 26th October 2022, Another text from Biggio stringing me along regarding power

 

46 (HARD evidence) 26th October 2022, clip from recorded meeting (more lips to follow). Audio link to that extract is HERE. Biggio clearly promising to give me 1600 amps of INTERIM power to get us going. Yet he only supplied 200 amps. Again more proof they were arranging my power. Another written promise of 1600 amps power when they are lying saying they sold me land with no promise of power.

Mike Biggio. "So the other thing I think is that we have an email in today about, because you are getting 2 separate 400 amp uh single phase drops"
Terry Ferrari "Uh Huh"
Mike Biggio "So we put the question in, can we bring you an extra drop on um that will give you four four hundred amp drops so still not three phase but will at least get you over a hurdle and get you some more power going.

47 (CIRCUMSTANTIAL evidence) early 2023, Extract of a DIFFERENT contract to mine where Potch sold a plot outside Are420 but closeby. This was a plot WIOTHOUT POWER. Note when they sell a plot without power, they specifically write it into the contract. They certainly woudl not suspend interest and payments until power was connected if they had not promised me power

48 (HARD evidence) 2nd March 2023, Extract form email to myself to Mike Biggio, plus his response still stringing me along about power. My email to him clearly states "I really hope they push this over the line but am still quite pissed that I'm left to find a solution when I was promised power at the outset". If I had not been promised power, he would have told me that in his reply instead of more BS. Full email can be seen by clinking HERE 

---------- Forwarded message ---------
From: Michael Biggio <michael@coloradoarea420.com>
Date: Thu, Mar 2, 2023 at 11:43 AM
Subject: Re: Solar update
To: t ferrari <terrylferrari@gmail.com>

Hi Terry, 

Thanks for the update. I will reach out to them tomorrow to touch base. I really hope that this will be a solution. 

On a side note, I found a potential investor to come in on the Geothermal project. I sent them the proposal yesterday. I'm just waiting to hear back. I'll keep you posted. 

Get Outlook for iOS

From: t ferrari <terrylferrari@gmail.com>
Sent: Thursday, March 2, 2023 8:32:35 AM
To: Michael Biggio <michael@coloradoarea420.com>
Subject: Solar update

......

I've explained to them I own my home outright and have zero debt apart from the Potch mortgage which we will resolve later. I've already ploughed over $1.5 million into my farms and have no investors to answer to. 

If these guys don't get me approved based on the above then I am really in the shit. I see no other solution on the horizon. 

I know they are super keen to do something with myself and with you on the rest of phase 2. I really hope they push this over the line but am still quite pissed that I'm left to find a solution when I was promised power at the outset.

...........

49 (CIRCUMSTANTIAL evidence) 9th March 2023, Another text from Biggio stringing me along about the promised power.

 

50 (CIRCUMSTANTIAL evidence) 12th May 2023, Another text from Biggio, still stinging me along regarding power TWO YEARS after I singed conyract to buy the land with promise of power being connnected withing 3 to 6 months.

 

51 (CIRCUMSTANTIAL evidence) 19th May 2023, Email from Mike Biggio to myself. Still stinging me along about power, just 2 months before Whitney Justice sent me the bombshell email demanding I  start to pay interest on my load, despite the fact they had not supplied my promised power.

---------- Forwarded message ---------
From: Michael Biggio <michael@coloradoarea420.com>
Date: Fri, May 19, 2023 at 11:19 AM
Subject: Re: Teams with Jerry and company
To: Dann Vail <dvail@capstoneengineered.com>, terrylferrari@gmail.com <terrylferrari@gmail.com>

No problem 

Get Outlook for iOS

From: Dann Vail <dvail@capstoneengineered.com>
Sent: Friday, May 19, 2023 11:18:39 AM
To: Michael Biggio <michael@coloradoarea420.com>; terrylferrari@gmail.com <terrylferrari@gmail.com>
Subject: Teams with Jerry and company
When: Friday, May 19, 2023 12:30 PM-1:00 PM.
Where: Microsoft Teams Meeting

So sorry do to a issue at the home office can we please do 1130 am?

Microsoft Teams meeting

Join on your computer, mobile app or room device

Click here to join the meeting

Meeting ID: 240 798 003 867
Passcode: Td5dy3

52 (HARD evidence) 24th June 2023. Email from SLVREC Manager Terry Daley. This confirms they provided the 200amp drop to each of my plots "PER AGREEMENT WITH DEVELOPER." More proof that Justice, Biggio and Potch were arranging my power and selected a completely unsuitable 200 amp single phase drop instead of my required 2336 amps Three Phase power. 

53) (HARD evidence) July 30th 2023. Extract of my email response to Whitney Justice and Mike Biggio after Whitney Justice had demanded I start making interest payments out of the blue, when she had no right to do so as they had not supplied my required power. Its clear form my response that they promised me power. This was the latest in a long line of times I had reminded them of this NEVER ONCE did they respond and try to say they had sold me land with no power, which of course they would have, had it been true. Full email is on the link HERE

You guys knew my high power needs at the outset as did SLVREC. Nobody bothered to tell me they could not supply it until I had built the slab and the framework of the 15,000 sq ft building. Should there be a lawsuit, both Potch and SLVREC would be included.
Had anyone bothered to tell me before construction started, I could have relocated at minimal cost.
Our contract is clear. My payments continue once power is provided, its seems pretty clear to me that the power needed is never going to be provided by you guys.
I would NEVER have purchased land without the required power and you guys sold it to me under false pretenses. Your unfulfilled promises have cost me hundreds of thousands of dollars to date and my costs continue to rise each day.

.......

I've really tried to work with you guys even after you screwed me, I've not bad mouthed you all over, nor put negative sites up about you, and I've spent the past year trying (without success) to solve my power issues that your broken promise caused.
My plots without power (and I'm not counting the minor 200amp drops as power, you guys knew late 2021 my high power needs), are worth 50k each tops.
.......

Please remember, SLVREC told me they gave you a price to give me the 3 phase power I need and you declined. You specifically decided NOT to give me the power I was promised. Their costs they quoted are not really my concern. You should have had all this worked out before selling me the land and promising me that you could supply the power I need then going back on that promise. You really should have solved the issue with SLVREC in order to honor your promise to give me the power I need. That's how business works, if you make a promise, you honor it, even if you lose money. I've lost plenty honoring my promises in the past but at least I always honor them Mike has been pretty fair and straight with me and I'm trying to do the same with you. He said you guys should not have taken my money until power was a lock in. He is right. Mistakes are made, but I should not be the one paying for someone else's mistake.

54) (HARD evidence) 1st August 2023. Extract of my email response to Whitney Justice and Mike Biggio after Whitney Justice said she was passing the matter to her lawyer as I had failed to abide by the terms of the contract. Despite it being THEMSELVES who had breached it, they were trying to rip me off for $400,000 for barren land. Full email is HERE

You guys were fully aware that I was planning an indoor grow with high power requirements as early as april 2021 when you put me in touch with Waldroop who ripped me off for the $90,000 for the metal buildings. This was a full 4 months before I purchased the land. Plenty of time for you to tell me you could not supply my power. I have enough proof of my power needs in writing and you continued pushing back the date for those high power needs. I also have audio recorded which is legal in Colorado, because I had a sneaky feeling it might come down to a he said she said.. At no point did you tell me it was too high. No court will accept a paltry 200a domestic supply as fulfilment of our contract when supplied with all the evidence showing your promises to the contrary. My claim will be for all of my losses which are in excess of $1 million. I shall also be filing a lis pendens on Potch's assets to prevent them disposing of them during the litigation.


I'd like to see you convince a jury that 4 acres with only 200a power is worth $400,000. Nobody in their right mind would agree to that.


What you are doing is downright wrong, at this point (I have saved many screenshots over the past few months) you are still advertising a one stop solution including power when you simply do not have the infrastructure in place. It's not fair to mislead buyers just as you misled myself.


I offered you a fair and simple resolution to avoid this. I can buy 40 acre lots close to power for $1k per acre nearby. I offered you many times market value for those plots to avoid just this. But this is the course you have chosen. I will of course fight fire with fire.


Will wait to hear from your attorney and respond in due course.


55) (HARD evidence) 4th August 2023. Extract of my email sent to their attorney Eric Theile (THE SAME LAWYER who added the power clause to our contract, so he knew for sure they promised me power. He had omitted it at first then Whitney Justice made him add the clause as you can see by exhibit earlier up this page.) who had sent me  a cease and desist letter due to me publishing the truth on this blog. He threatened to sue me for defamation  Full email is HERE
I'm sorry to hear that your clients are worrying about their losses. They should be worrying about mine since their actions are jeopardizing my $1.5 million investment and have already cost me hundreds of thousands of dollars due to their failure to supply me the power they promised.

Let me save you some time here. I am not going to cease and desist anything.

Every word on my website is true to the best of my belief and I have ample evidence to back it up. Feel free to launch your lawsuit for defamation, slander, breach of contract, or whatever other civil case you see fit.

I'm working on my counterclaim as we speak. It's going to take some weeks to prepare as I have to itemize every dollar spent of this approximate $1.5 million. I have to send all the accounts to my accounts staff overseas who will process and itemize everything.

I am not an idiot, I would never defame anyone without proof.

So I look forward to receiving whatever lawsuit you decide to launch at which time I will respond with my defense and counterclaim.

In the meantime I shall continue to add evidence to my website which is protected by America's first amendment right to free speech.

FYI, your clients knew I was planning a power hungry indoor grow when they recommended the metal building seller to me around June 2021. This was months before completing the sale of the land. For your further information, AFTER sending my more accurate power needs to Potch in November, they continued to promise me power and push back the projected install date. Finally, after declining SLVREC offer of supplying my power, they failed to inform me and watched me finish construction of my hugely expensive building. As I informed them many times since, all they had to do was warn me and I could have relocated. Now I am stuck, left holding the baby so to speak.

For the past year I have been searching for a power solution. This should not be my job. Potch promised me power and failed to provide it. I'm sick of running around trying to fix their problems, whilst they ignore me and continue to market other plots. Then to receive a monetary demand from Whitney Justice followed by her accusing ME of
breaching our agreement was the last straw for me. If there is a particular statement on my site that you take issue with and can show me is false, please send me along that information. I will review it and if I agree with it, I will remove the statement in question.

If you wish to make a settlement proposal to make up for their failure to supply power they promised, I am happy to review that. Otherwise I look forward to receiving your lawsuit and will respond accordingly. I would love to see this case reach a jury, I'd bet the farm on which way they will vote. It may get settled before then as heavily one sided cases often do. That's a matter for you and your clients to decide. Any settlement will have to include full reimbursement of any legal fees that I incur as this battle will of course get expensive. I shall retain counsel after I receive your lawsuit. In the meantime, I am quite capable of documenting all my email, text, video and audio evidence in order to build a solid case against your clients. I'll leave it to counsel to decide which statutes to file my counterclaim under.

I've been quiet, humble and kind to your clients for the past 2 years despite their terrible treatment of myself and my company. Now I've had a gutful and am determined to see this through to conclusion.

56) (HARD evidence) 9th August 2023. Extraxt of my email to their Attorney Eric Theile again demanding the return of my $100,000 overpayment that was not and still is not due. I clearly told him they had breached their promise and I woukdl sue for civil theft if they did not return the money which would entitle me to TRIPLE damages. They did not reutrn it, I added a count of civil theft to my lawsuit. They tried to dismiss that count and the judge said it had enough merit to proceed to trial. Full email is HERE

As you are aware, I paid Potch LLC $100,000 during December 2021 that was not due and is still not due to them as they still have not installed my required power.

I have attached a copy of the check. I requested this money to be returned on June 26th 2022. I am still waiting. I've also attached a copy of the email last year requesting this repayment.

I am now demanding that this money be returned to myself within 7 days of midnight tonight.

If the money is not returned, then I shall treat it as being obtained under false pretences (theft), as Potch LLC were aware and are still aware that they have no intention of connecting the required power as per our agreement. This $100k was due to be paid 6 months AFTER connecting my required power. It is still not due and will likely never be due. Your clients are fully aware of this fact.

If the money is not returned, my civil claim will be amended to request TREBLE damages entitled in such cases under Colorado Law.

57) (HARD evidence) 19th December 2023. Justice posted the below comment on a news website that had recopied the NBC national news article detailing our dispute. I know for certain it was an owner of area 420 which you can see if you read the comment, nobody else would have had that information. Also, I know it was Whitney Justice as she said the exact same lines almost verbatim on oath at Pitkin County court on 31st January 2024 when I attended a hearing where she was trying to have a protection order against myself being made permanent. She had used the fake death threats and stating I was cyber harassing her using this free speech blog. I proved to the judge she was lying after cross examining her for two hours. The judge said Whitney Justice had not met the low 51% burden of proving her case and threw it out. I have ordered transcript of the Pitkin court hearing and will post it here as soon as it arrive to show this was Justice. If she still denies it, we can subpoena the IP address of the poster form the news website that she posted the comment on. But readers will know its her when they read the Pitkin court transcript where she tells  the judge the exact same things. Justice again unwittingly admits that I had to present my load requirement to themselves, again proving they ere dealing with my power supply. She tell a different story to when she told law enforcement that I did not present the load letter for 6 months. On the below comment, she states that I presented it just 4 months after closing. In fact it was 34 months, but at least she admits they were dealing with my power supply, which again blows their other lawsuit out of the water. Again, liars often trip over their own lies.

 

58) (HARD evidence) 11th January 2024. Extract of a Snowmass police report supplied to myself following a Public records request. Justice and Biggio had faked a death threat from myself in September 2023. I will explain that on their lies page and criminal acts page when I finish them. They had filed a false police report to obtain a protection order. The important part if that Justice ADMITTED to police officer Andrew Rushing that she had promised me power. She admitted that it was THEMSELVES who I had to give my load letter to and not the power company as stated their lawsuit. She lied and said I did not supply it until 6 moths later. I purchased the land in August 2021, I supplied the load letter 3 months later in November 20212, just 3 months after purchase as soon as I had my facilities designed. She also lied and said they offered me a phase one property after seeing my power requirements. They never made an offer and thie sat back and watched me build my hugely expensive building, knowing they were going to break their power promise. The important part is that Justice is admitting to law enforcement that she promised me power. Totally blowing their lawsuit out of the water. Of course, she never expected me to obtain this report using public records request. Extract of the reports is blow the full report can be seen HERE

 

59) (CIRCUMSTANTIAL evidence) 12th February 2024, Below is an unsolicited email I received form a power worker who read this blogsite and  who was unhappy with the way Whitney Justice and Mike Biggio were taking advantage of people at Area 420. Alone not a huge piece of evidence. But it is yet another brick in this huge pile of evidence that builds a solid wall and a solid case against Potch once the jury see all the evidence in its entirety and weigh it against whatever BS story that proven liars Whitney Justice and Mike Biggio tell in court. 

 

60) (CIRCUMSTANTIAL evidence) 19th March 2024, below are three emails I receievd from an IDENTICAL vitim as myslef. Someone who was promised power and let down by Justice. I hope you agree, his story is truly heartbreaking.

61) (HARD evidence) March 2024. Below are copies of texts from Whitney Justice to the victim above. She is not content with ruining his life after letting him down on their promise to supply power (just as they did to myself). This poor man had taken out loans and borrowed from family to pay their inflated price for barren land. She is also trying to blackmail and extort him into signing the land back over to herself. She is doing EXACTLY the same as she is trying to do to myself. She has let both of us down on promised power but still trying to steal both our land. Look at the threats she makes to garnish his wages and destroy his credit if he does not pay her $200,000 MORE for his barren land that he has already pumps $150,000 into and completely lost as he has had to walk away. He is working 84 hours a week in a different state to his young daughter, just to pay off his debt that he took on to but their overpriced land. He is missing her growing up. Whitney Justice does not care she is still making threats to this poor guy. I can demonstrate in court she has done the same to others.

62) (HARD evidence) 17th July 2024 Below is a snapshot of their website taken 17th July 2024. Potch are STILL offering parcels equipped with all the amenities Power, Water and more. They are still deceiving people all these years later.

 

So, there you have it readers. A total of 62 exhibits. 42 of them are, in my view, HARD evidence and 20 of them are, in my view, circumstantial. I will add more when I find the time. So, I hope you agree, I have proved beyond any reasonable doubt that they promised me power. I don't need to prove it beyond a reasonable doubt in civil court. The proof burden is just 51%, ie, more likely than not. I am sure I have met this burden. Not only did they breach their contract and fail to provide my power, they are trying to rip me off for $400,00 for barren land as they cancelled my water contract as well before actually connecting it over 2 years after our purchase. They are also trying to illegally foreclose on (basically STEAL) my $1,800, investment by claiming they never promised me power. Its clear as day above, they did exactly that so they are the ones heading for a huge loss in the court case.

The above exhibits are forensically verifiable to be true apart from exhibit number 5 which is myself and my wife being told my Biggio during our tour that power would be within a few months. Neither myself or my wife have a history of lying which Mike Biggio does (he also had a 12 page criminal history and served 8 years in state prison for drug dealing and assault etc. Copy of his criminal record is on the detailed story page. So of course its more likely than not that myself and my wife sworn statement that he promised us power on our tour are true. The only exhibits Potch have are lies and fabrications. None are forensically verifiable which mine are. even if I had 5 or 10 exhibits showing they promised me power, they do not have a single exhibit showing they did not, because they never once mention this fact until their lawsuit filed 29th August 2023. Over 2 years after selling me the barren land. 

Please check back later when I have had time to add more exhibits. I will also be adding pages detailing their lies and criminal acts. Juries in trials are told to base their decision on two things, 1) Actual evidence exhibits. Of which I have a huge amount above. 2) on who is most likely telling the truth. I have a huge amount of provable lies against both Whitney Justice and Mike Biggio coming to my LIES page soon. The link will go live as the page is activated. They cannot show a single lie I have told as I have not knowingly told any. I even told their lawyer via email last August, that if he viewed ANY statement on my blog as untrue, to let me know and I would check it and, if required, remove that particular statement. Despite that fair offer, he has NEVER once asked me to remove any statement. So I not only have a mountain of evidence against them, but I can also prove to to the jury that they are habitual lies. I can prove they both lied to me, law enforcement and even to judges.

Thank you for reading this. Link to other pages of this blog are below. red links are live and the others are coming soon.

CONDENSED STORY PAGE. (live now, click the link to the left to visit page) this contains a summing up of my story, along with some of the exhibits, about 30 minutes to read in full for those that just want the main facts.

DETAILED STORY PAGE, (live now, click the link to the left to visit page)  this contains the whole story and many exhibits plus 11 months of journal type entries. Its about a 4 hours read excluding the exhibits

JUSTICE AND BIGGIO ILLEGAL ACTS PAGE Coming Soon) this will contain all the suspected crimes and attempted crimes committed any Justice and or Biggio. Including, but not limited to Theft, Extortion, Obstruction of Justice, Filing false police reports, perjury and blackmail. 

JUSTICE AND BIGGIO LIES PAGE (coming soon) This will contain all the various lies that Justice and or Biggio have told to myself and others, including law enforcement and judges. 

JUSTICE AND BIGGIO THREATS, INSULTS AND HARASSMENT PAGE. (coming soon) As the name suggests, it will contain many of the threats, insults and Harassment incidents documented against this pair before and during our dispute.

EXHIBIT PAGE (coming soon) This will have and detailed index and downloadable link to all the various exhibits and evidence scattered through this site, including recorded audio and video,

LAWSUITS PAGE (coming soon) This will link to both the business lawsuit I have against Potch LLC and the separate personal lawsuit against both Mike Biggio and Whitney Justice. It will contain the lawsuits as well and all filings, motions, judges orders, exhibits etc.