“The human heart is an idol factory...” Martin Luther

At the nexus of the most interested parties are the association president (#1 on the parcel map), the developer of the Ledges and Hidden Hills (#2 on the parcel map) and attorney Ted Mitchell, a relative of the association Board member who recommended retaining him.

  1. The association president includes in his credentials a three-year term on the Fallsmead Homes Corporation Board of Directors. Located in the Washington, D.C. suburb of Rockville, Maryland, this 291-home neighborhood surrounding a large private park has an active homeowners association which provides centralized planning in the form of “financial, organizational, social, and civic direction” to the community.

  2. Retired developer, Ed Vogel lives in a self-described multi-million dollar home on 50+ acres in the Hidden Hills subdivision. In the Hidden Hills Restrictive Covenants, Mr. Vogel expressly excluded his own property from the restrictions and has stated his intention to form a homeowners association for Hidden Hills.

In his July 19, 2002 letter to the Ledges Homeowners Association Board, attorney Ted Mitchell states, “Furthermore, if the Act is adopted, an association can seek payment of its reasonable attorneys’ fees…….in all actions to enforce the provisions of the articles of incorporation, the declaration, bylaws and rules and regulations.” With shameless self-interest, he then suggests that the Board of Directors submit the Ledges subdivision to the North Carolina Planned Community Act. However, in subsequent legal briefs filed in response to the lawsuit, Mr. Mitchell refused to defend his implied assertion that the subdivision was a “planned community” as defined by the statute. In fact, during oral arguments Robert Dungan conceded that the Ledges is not a planned community.