1 2 3 4

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF PIERCE

STEVE W. RODRIGUES, an individual residing in Washington, No. Plaintiff, VS. COMPLAINT – FOR DAMAGES AND INJUNCTION STATE OF WASHINGTON: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, WASHINGTON STATE FERRIES, WASHINGTON STATE HISTORIC PRESERVATION OFFICE, TACOMA INDUSTRIAL PROPERTIES, and KARL ANDERSON. Defendant (s).

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Plaintiff, Steve W. Rodrigues, an individual residing in Washington State, Pro Se, prays and alleges as follows: That the Defendants had a general duty and failed in that duty, and have committed crimes that infringed upon the plaintiff personal and future property rights related to the 1935 MV Kalakala, 1927 Peralta Hull, and the 1927 MS Quinault, Nisqually, Illahee, Klickitat historic ferries (known as the four steel electric class ferries). An injunction is requested to prevent future eligible historic ferries from becoming damaged by 2053. And, that the defendants past accrued state and federal statutory negligence’s have caused sufficient influences to warrant outrageous conduct by the defendants flagrant abuses that have caused intentional afflictions of physical and mental harms to the plaintiff’s property (1935 MV Kalakala and 1927 Peralta Hull) that also caused mental anguish, and past and potential future intangible damages. The defendants have prevented all past historic and potential future business efforts attempted by the plaintiff to gain national levels of significance status for the Kalakala, Peralta hull, and all proposed Black Ball Line home port business within various site of Puget Sound. The plaintiff prays to dispute alleged personal, historic maritime and human environmental constitutional statute matters. And, the plaintiff prays rights to have this case judged with a trial by 12 person jury and a judge for all tangible and intangible personal and property compensatory reliefs against the defendants.
COMPLAINT-1935 MV KALAKALA - Page 1 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 1. 4

I.

INTRODUCTION

(In the course of plaintiff dealings with the defendants the Plaintiff alleges to set forth the pertinent background and historical information: 1-63) The Plaintiff prays a 12 person jury and a judge to determine defendant’s

violations of past historic statutes’ and prevent future historic statute violations by prayed 5 injunction against the defendant’s injuries, damages, and tangible and intangible compensatory 6 matters within this Plaintiff COMPLAINT. 7 2. 8 preservation for the nation by helping to eliminate the Save America’s Treasures Grant 9 Program fund in 2010. And, the Kalakala “Sacred Trust” of historic preservation has been 10 denied by the defendants since 2006. The defendants have never preserved one single ferry of 11 the original Black Ball Line fleet (1907-1951), the Evergreen State Class (1954-1959), and the 12 Super Class (1967) that have contributed to the Puget Sound and San Francisco Bay regions. 13 3. 14 historic ferries. Nor, by laws, the plaintiff is not alone in protecting the environmental and 15 public safety liabilities of our nations and state water in the future. The defendants must adhere 16 to the laws that provide historic preservation and human environment due process with reviews 17 with many other PRP’s. The Kalakala and plaintiff have never been allowed historic 18 preservation rights under the existing “supreme laws of the land” nor the state laws. 19 4. 20 be considered to have exhausted administrative remedies with respect to removal of a property 21 22
COMPLAINT-1935 MV KALAKALA - Page 2 of 87

The defendants’ have broken the President of the United States "Sacred Trust" of

By law, the Plaintiff is not alone in protecting the Kalakala and other eligible

Under such state and supreme laws of the land, the plaintiff and Kalakala shall not

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

from the National Register until the Keeper has denied a Petition for removal pursuant to title 36 CFR 60. 5. The Constitution states, in part, Article 1 Section 8: “Congress shall have the

power…To regulate Commerce among several states, and with the Indian Tribes;…” And, the defendants should have never interfered with the Neah Bay Indian Tribe nor the plaintiff activities desired with the tribe after moving the Kalakala into sovereign tribal waters and lands. 6. Amendment XIV Section 1 “…No State shall abridge the privileges or

immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Section 5: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. 7. Amendment X “The powers not delegated to the United States by the

Constitution, nor prohibited by it to the States, are reserved to the States respectively, to Indian Tribes, or to the people”. 8. The fleet of Puget Sound Navigation Company dba Black Ball Line (BBL)

historic ferries were founded, owned, and operated as a private ferry system from 1907 to 1951. The PSNC builders Joshua Green and Charles E. Peabody managed the private ferry system that has become forgotten and lost nearly forever. PSNC became the nation’s largest private ferry system in all of America by 1945. The defendants inherited all the operations in 1951, and it is still one of the largest public ferry systems in the world. The Peabody family helped to build America, and the defendants inherited, abused, and have been allowed to destroy all of it’s physical heritage today.
COMPLAINT-1935 MV KALAKALA - Page 3 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

9.

On June 1, 1951 State of Washington acquired the BBL ferry system for not one

cent of tax payer money or the need of one citizen’s vote. The defendants controlled the BBL private fare rates 1935-1945, and 1945-1951 created laws that allowed the defendants to take over the entire BBL ferry system June 1, 1951. At the time, there were 21 ferries, 20 terminal holdings, 716 buses, and other historic assets inherited by the defendants in 1951. 10. There were 22 existing WSDOT ferries operating in 2007. The Steel Electric

Class, the Evergreen State Class, the Super Class, Jumbo Class, Jumbo Mark II Class, and others. These ferries all have something in common to the MV Kalakala and Peralta. The superstructures and hulls together serve as an auto ferry. But, the Kalakala superstructure is unlike any of the past ferries. Her superstructure was planned with 3 alternative options that would have allowed her to have removable hulls in the future and allow her one of a kind historic world class superstructure to become preserved for perpetuity for future generations as a National Landmark Vessel with a National Landmark site proposed by the plaintiff in the Puget Sound. It is possible by either building her a new hull using the original 1927 design drawings, or to replace her existing hull with one of the Steel Electric Class hulls, or to preserve her 1927 Peralta hull. 11. The plaintiff believed that a fully preserved or restored historic ferry life cycle

can be enhanced to be greater than 80 years. The defendants use 60 years of service before their old ferries are considered unsafe, retired, decommissioned, never be used as a ferry or for any other eligible vessel in the future, always to be stripped and taken out of service and reduced below a operating ferry’s FMV, sold at less than scrap value, then forced out of state and out of the water with a historic ferry’s only fate to be cut up and gone forever.
COMPLAINT-1935 MV KALAKALA - Page 4 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

12.

The concept of the Kalakala’s superstructure and hull replacement was master

planned to save nearly a hundred million dollars compared to replacing her identically and building a new ferry. If the defendants considered following the law of the plaintiffs rights to purchase the 4 steel electric class ferries the Kalakala would be saved today. 13. 1935 MV Kalakala was America’s first electric arc welded ship, and impacted

the maritime industry’s rivet to welding era of modern ship building. The Kalakala was built before Lincoln Electric Company and the USCG authored and published the Procedure Handbook of Arc Welding, design, and Practice in 1935. The Kalakala also had the first fire suppression system on any vessel in the world. And, the first commercial radar license FCC#001 on any vessel in the world. 14. The defendant could have seen an opportunity for them to do the same for their

existing 18 ferries that will all eventually face the same past historic laws until 2053. And, WSDOT would have prevented spending billions, and instead would have saved not only billions within the 21st century but at least one of their own ferries could have been preserved. The most significant historic ferry, Kalakala, lost this opportunity and it can never be recovered. The defendant has destroyed the plaintiff’s rights of preservation. 15. The defendant has destroyed more than just the Kalakala rights of preservation.

Intangible and tangible significant person and property rights have been destroyed by the defendants since the very first day the defendants took over ownership in 1951. The Peabody family, the Kalakala, Peralta, Quinault, Nisqually, Illahee, and Klickitat historic maritime significances are just a few examples of what has all been destroyed by the defendants. The plaintiff and many others in the past have all suffered due to the defendants mismanagements
COMPLAINT-1935 MV KALAKALA - Page 5 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

of eligible significant maritime heritage and culture that could have been reused to become economic engines within Puget Sound as treasures for the defendants and communities to create a world class tourist attraction by the plaintiff. 16. The Peabody family and their name was and still is famous in America. Their

intangible and tangible gifts to society and the defendants are immeasurable for all of America and the State of Washington. They risked their lives and believed that America was worth travelling across the Atlantic by packet ship in 1635. The family landed in a North American East Coast Colony nearly 2 centuries ago. John Peabody and his wife’s family tree were rooted in England and have been traced back to 61AD by the plaintiff. The Peabody name was famous because they fought for the Queen to save the English empire. They were honored again by the Queen of England in 1800’s. Their families’ heritage spread from England to an America Colony in 1635. They had sons and daughters, and their family tree grew and made significant impacts to mankind and society first on the East coast and then on the west coast of America. 17. George Peabody became America’s first philanthropist, and his net worth before

he died in 1870’s exceeded $2.72 billion dollars (1870 dollars). George was a financier and has been honored in both America and England. He helped to build America and England. He is remembered today with an annual George F. Peabody Award that annually contributes to individuals for great humanitarian causes. He contributed to fund the Peabody library in Baltimore, the Peabody Essex museum in 1695 in Salem, Massachusetts, has a city named after him “City of Peabody” where he was born and returned to his birth place by the Queen of England from England after his death, he financed the westward rail from NY to Utah, he hired
COMPLAINT-1935 MV KALAKALA - Page 6 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

and brought a young J.P. Morgan to England before he died to manage his wealth. George F. Peabody gave all his wealth to J.P. Morgan, and his will was to help the poor in America and England. Philanthropy was always within the Peabody family. And, that is one of the reasons J.P. Morgan Company is still one of the largest financing firms in the world today, nearly 150 years after George Peabody died. 18. Nathaniel Peabody was from the same Peabody family, and he fought along side

of George Washington (our nations first President and Chief Commander of our military) for America’s freedom. He also signed America’s Bill of Rights. 19. Captain Enoch Peabody was a captain on the packet ship “Neptune”, for the

Black Ball Line until 1870’s. The Black Ball Line was the world’s first Line and fastest fleet created in 1817 that ever committed to departure and arrival schedules, with or without a full load of cargo or passengers, departing from the harbors of NY, NY and Liverpool, England. Captain Enoch Peabody brought 10’s of thousands of European immigrants to live and grow in America. The manifests of the packet ship Neptune exist in the National Archives located in the nations Washington D.C. archives. 20. The Puget Sound Black Ball Line was created by another famous Peabody name.

But, Peabody’s family name that reinstated the original 1817- 1870’s Black Ball Line flag and created the new Puget Sound Black Ball Line that mostly came from San Francisco Bay area and represent other famous individuals who helped to build San Francisco and the ferries that became significant I Puget Sound. The original 1817 Black Ball Line still fly’s on the Kalakala today which was once the flagship of a great fleet of ferries. The original BBL flag once sailed worldwide from America and Europe to Australia, New Zealand, South Africa, and
COMPLAINT-1935 MV KALAKALA - Page 7 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

still today in America’s North West coast named the Puget Sound. It was not until 1951 the original flag and Black Ball Line name ended. 21. The defendants ended the ferry service life of the Kalakala in 1967. And, it

would not be until 1979 that the defendants starting building new ferries. So, the Black Ball Line ferry fleet served as a success until 1979. The defendants started to replace old ferries by building new. The Issaqua Class and then Evergreen State Class started in 1981. A WSDOT 1981 economic impact study stated, in part, “Ferry System contributes Billions of dollars for the state citizens”. But, it was the private ownership and management that allowed this to be accomplished, and WSDOT had little to do with any such contributions between 1907-1979. It was the intangible and tangible gifts from the original BBL ferry system that they inherited that caused such billions of dollars and immeasurable historic maritime contributions. And, by 1981 the family named Peabody, who should have been recognized within the report for such contributions, was forgotten. The credit went to WSDOT who quoted within the report that such billions saved were over the past 60 years. The Peabody family was stripped of an American Dream, and gave to WSDOT what they should have been honored for perpetuity. The defendants acts of defamation in 1981 to 2012 have come to full circle to be challenged. 22. But, like the end of packet ships, the end of the Clipper ships, the end of steam

ships, that the amalgamated final destinies of the, once owned, defendant’s historic Kalakala and steel electric class ferries through the ages to become cut up and gone forever. And, the Kalakala is the defendant’s last remaining significant physical ferry that is eligible for historic preservation rights under the supreme law of the land and the defendants’ worst remaining historic enemy. The plaintiff has become the steward of the historic laws that can protect the
COMPLAINT-1935 MV KALAKALA - Page 8 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Kalakala to remain as the cornerstone and historic roots of the defendants own heritage and foundation of their past and future mistakes. 23. It is for this very purpose to share our potential state and nations past history of

the Kalakala and her significant maritime legends within this case against the defendants. Because, this is exactly what the plaintiff has always witnessed and now needs to share with a jury. The people must know the truths between the plaintiff and defendants history. This American heritage and culture is important for future generations, and it has been damaged by the defendant’s decades of forceful acts in the past. And, the plaintiff wants an injunction against them to stop them from continuing such illegal acts in the future. 24. America was built by men and women that came from England and other nations

and brought laws with them. But, America became controlled by England much like the Kalakala has been controlled by the defendants. America fought for liberty and freedom. Now, the Kalakala must fight to use the laws that our nations forefathers created to protect the rights of the people and commercial business. There is absolutely no other historic ferry that can accomplish a Noble effort for the public good within the defendants State jurisdictions today. Even if Boeing 787 changes the world within the 21st century there will be 100’s if not 1000’s of them built. There is value in the Kalakala as the only one of its kind in the world today for a viable community business in the 21st century. 25. Today, we pray the Kalakala be protected by the “Supreme law of the land”,

which is the United States Constitution and pray that an injunction stops the defendants from doing what they have already done and may do in the future. It is Kalakala that the defendants inherited, and America that gave rights to the State to follow within their jurisdiction. The
COMPLAINT-1935 MV KALAKALA - Page 9 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

defendants have their own State sovereign rights, but they must mutually agree with America’s Constitution regarding historic preservation of national landmarks. The Kalakala is eligible and should have been dedicated as a landmark since 1985. 26. This introduction of history is relevant to the Causes that WSDOT continues to

do and has been doing since 1951 into the 21st century regarding the fate of the Kalakala. In 1951 WSDOT inherited the historic responsibilities of the 1935 MV Kalakala, the entire BBL, historic 150 years of Peabody heritage, and the entire roots of a ferry system that helped to build America’s and Puget Sound ferry system. Yes, America now is paying the price to sustain a perpetual fleet of ferries in Puget Sound. And, America’s laws are as important for the ferries as the States laws today. Peabody family had a tuff job operating a public ferry system. And, they never received a cent from any government while operating it. In fact they paid the government tax funds, and the government was making money then from the ferry system. But, today the defendants are creating federal laws to support a losing ferry system that they have mismanaged for decades. 27. Peabody names and their Puget Sound gifts played a significant role in helping

to build Washington Territory before and after 1899 when the State Constitution was established. 28. Charles Enoch Peabody was born in NY, NY, related to George and Nathaniel,

educated in England, became financier, and moved from NY, NY to Seattle before 1895. He founded the Alaska Steamship Company (ASC) in Port Townsend, WA. By 1907 he reinstated and used the original 1817 Black Ball Line flag to establish the Puget Sound Navigation

COMPLAINT-1935 MV KALAKALA - Page 10 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

Company dba the Black Ball Line (BBL). Charles died in 1927, but his son Alexander M. Peabody travelled from NY, NY to continue his efforts of building the BBL ferry system. 29. 1951 Alexander M. Peabody and the Peabody family name, all their

contributions, and all their maritime heritage came to a dead stop. Such plaintiff struggles from the same Washington State Department of Transportation (WSDOT) that the Kalakala faces today, faced a Cause T-8100 law suit filed 1947-1948 by the defendant. It was the beginning of the end of the BBL. By June 1, 1951 the defendants took it all. And, politics immediately caused damages by destroying records and historic intangible information and artifacts throughout Puget Sound and Victoria, B.C., CA. ferry system offices. 30. The defendants, since 2003, have not accepted the national historic preservation

nor administering a revoked Tax Reform Act of 1984 Safer harbor lease law accountability and national significant landmark responsibilities of adhering to the supreme laws of the land nor their own State Constitution regarding our historic ferry fleet. 31. The defendants are responsible for the disrespects of heritage placed upon the

plaintiff and Kalakala, the former Peabody name, the future losses of the intangible Kalakala name and physical ferry, and many of the other historic fleet members that the defendants have disrespected and damaged after gaining ownership of the entire BBL ferry system. 32. The Peabody transferred their entire life’s works and passions of building a

private ferry system with Hope that the defendants would sustain their life’s work for perpetuity. Their Peabody name has been shamed along with all those humanitarians who have given time and money towards “Noble efforts for public good” since 1895.

COMPLAINT-1935 MV KALAKALA - Page 11 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

33.

The defendants have lost more than just an entire old fleet of ferries. They have

sold off our nations founding fathers who helped build them with blood sweat and tears. And, inherited a huge responsibility that has been never been respected. The Peabody family name and the Kalakala are maritime gifts to society, heritage, and culture of our nation that represent 2 past centuries and would have been shared to tell the story over the next 2 centuries or more. 34. It has taken the defendants only 60 years to destroy the entire past heritage, and

by 2053 (another 41 years the defendants are projected to stay on the same path of heritage destruction as they have in the past. Yes, the Kalakala was a ship of Hope given to the defendants for perpetuity. The defendants have mistreated the 1935 MV Kalakala and 1927 MS Peralta hull. And, this is why the Kalakala has always been a threat to the defendants since her return to the State in 1998. The plaintiff alleges such historic neglects and failures have continued since 1998 to present. And, seeks an injunction to be protected from the defendants in the future. 35. The plaintiff alone has given 8 years of humanitarian efforts and life’s sacrifices

believing that America is still a land of opportunity, and that the Kalakala is truly a ship built by man and used for God to give Hope. The plaintiff believes there is justice and he believes that the Kalakala has always been made for “Noble preservation efforts for Public Good”. But, others have contributed efforts to save the Kalakala since 1982, and even then the defendant interfered with the Kalakala’s rights of being preserved and brought back to Seattle’s Pier 48. 36. 1947-1948 and then continuing until 1951 the defendants created laws to take

over the BBL ferry system. Since then the defendants have created more laws to allow them to salvage ferries that are worth $15 million or more and sell them for $50,000 each.
COMPLAINT-1935 MV KALAKALA - Page 12 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

37.

Like their predecessors in 1947-1948 WSDOT has accomplished to do a reversal

without needing a single cent or a single vote from its citizens. But, since 1966 the U.S. Department of Interior National Parks System Section 106 and many other State and Federal Constitutional statutes do not allow WSDOT to disrespect and ignore the rights that the historic Kalakala and other historic ferries have. And, other WSDOT acts have also disrespected the Plaintiff rights and have caused the loss of millions of dollars of physical and historic intangibles beyond financial measures. The defendants have disregarded the past laws and have lost the entire BBL historic fleet of historic ferries that gave birth to WSDOT Washington State Ferries Division entire ferry system since 1951. 38. The 1927 Peralta Hull became eligible as a historic ferry in 1977. The 1935 MV

Kalakala became eligible as a historic ferry in 1985. The Peralta hull is the hull of the Kalakala. 39. The Peralta and Kalakala have been owned both privately and publicly. The

Kalakala and Peralta always have served the people regardless of who owned or managed her. As in the past, the Kalakala still belongs to the people, and has historic eligibilities and rights that can allow her to become preserved for perpetuity for future generations. 40. The 1935 MV Kalakala (with the 1927 Peralta Hull) was the pride and joy of

BBL, Alexander M. Peabody, and many citizens who loved her within the State of Washington. She was once known as the “Queen of Puget Sound”, the flagship of her fleet, had instilled Hope into millions of people’s hearts, served the public during the Great Depression era (1929-1941), and WWII Bremerton Naval Shipyard.

COMPLAINT-1935 MV KALAKALA - Page 13 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

41.

The Kalakala ferry was built in 1933 during the Great Depression and by 1941-

1945 she carried 5,000 naval personnel and Bremerton shipyard workers per load 7 round trips per day during WWII. There are millions of memories of that era that exist today who still have Hope that the Kalakala can be preserved and not face the defendants powers and only alternative of cutting her up as salvage. Hope was needed during the Great Depression in America, and, the Kalakala was a ferry that instilled Hope around the world as the World’s first Streamline Art Deco ferry. She now seeks a trial by jury for justice. 42. The Kalakala was once honored while under private management and

ownership, and is now disrespected while being forced to a shipyard that will use torches instead of welders. And, the desires to have her cut up are why the plaintiff must never give up in seeking the supreme laws of the land that have been ignored by the defendants. The defendants’ power has become unrighteous in more than one illegal act. The defendants’ acts that the plaintiff has discovered are more than just about the loss of the Kalakala. But, other losses that must be brought to be determined under a fair trial by jury. 43. The Kalakala interior was Art Deco. Prior to the defendant’s sale of the

Kalakala the interior art deco was started to be destroyed. 1967 During dry dock much of the interior was removed. Today, all of the art deco artifacts are gone (with exceptions) but all can be replaced by new technology and available art deco furnishings from around the world still today. 44. The Kalakala’s exterior superstructure is one of a kind in the entire world still

today. She is the World’s first streamline vessel and can remain preserved to her unimpaired condition today. She is solid steel and new technology of electric arc welding processes can
COMPLAINT-1935 MV KALAKALA - Page 14 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

spray steel instead of paint to make her more beautiful than her first inaugural float July 3, 1935. She was America’s first electric arc welded ship that was built in 1933 to 1935, and the USCG welding specifications were not published for building ships until after 1933. 45. The Kalakala ferry had served and helped to build many shoreline communities

within Puget Sound waters. Seattle to Bremerton was her main route. She had moonlight cruises before when privately owned but were eliminated by the defendants immediately in 1951. She served the Port of Anacortes and the San Juan Islands. She served the route between Port Angeles, and Victoria, B.C., Canada. And, she was used for many historic events like that of the inauguration of the first Tacoma Narrows Bridge. Her majesty the Queen from England was on board May 25, 1939, Adolphus Anhauser Busch who purchased Dr. Rudolph Diesel’s Diesel Engine patent in 1869, Bing Crosby and the Andrew Sisters sang a song about the Black Ball Line in 1951. And, she served over 100 million passengers during 32 years of service as a ferry. She became a maritime icon, legend, and deserved to never be disrespected after being retired. In fact she was much like the current icon Seattle Space Needle business is today, except, without the respect from the defendants or society. And, it was the defendants who disrespected their own past inheritances and eliminated an entire historic ferry system. The plaintiff has suffered from the very first day to today of repressive and suppressive governances by the defendants and their laws created a since 1951. 46. The Kalakala’s hull is the hull of the 1927 Peralta. The 1927 Peralta served as a

ferry from the San Francisco to Oakland route. She burned in 1933 but her hull was saved by the BBL and Alexander M. Peabody who purchased it from the Key System owner Mr. Francis Marion Smith (created borax fortune). The Peralta had a sister ship named Yerba Breuna
COMPLAINT-1935 MV KALAKALA - Page 15 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

(which was the name before being changed to the City of San Francisco). The history of the Peralta has survived under the Kalakala, and has a story of her own that represents the Smith family (Key System and Borax) and Peralta family (first structure of it’s kind dating back to 1600’s still exists in America and serves as the Governor’s house in City of New Mexico, and the Peralta family who owned all of the land that is called City of Oakland today). The Peralta represents one of the last ferries from the historic fleet that served in San Francisco Bay and Puget Sound that is still a significant role that plays a unique part of the Kalakala’s history and preservation story that the defendants have destroyed and now want to disappear forever to be silenced and forgotten. 47. Since 1951 the State defendants have the authority to manage and operate the

Washington State Ferry system (WSF). They also have created new laws that have destroyed the WSF heritage and culture they inherited since 1951. WSF have retired, decommissioned, and sold as scrap the original 1951 ferry fleet. A few of the original fleet physically exist today. 48. The original BBL and WSF fleet included the Bainbridge, Chetzemoka,

Chippewa, Kehloken, Kitsap, Klahanie, Malahat, Quillayute, Rosario, Shasta, Vashon, Vashonia, and Iroquois. The San Mateo, Willapa, Leshi, and City of Sacramento were sold by the defendants, are now abandoned and continue to pollute our nation’s waters, shore lines, and communities. The San Mateo was moored at the Seattle Wooden Boat Center on Lake Union. It was denied privileges and use of preservation funding by the defendants. The San Mateo was rejected, shamed by the defendants, and forced to be towed out of City of Seattle. The San Mateo lies in Canada’s Frazier River, and still sits waiting for her final fate as salvage. The
COMPLAINT-1935 MV KALAKALA - Page 16 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

defendants past management policies and decisions have destroyed all the historic ferries rights of preservation. 49. The BBL located in Seattle and who operates the Port Angeles to Victoria, B.C.,

Canada ferry route had nothing to do with the original BBL of 1907-1951 established by the Peabody family. Nor does this BBL have anything that was ever inherited or ever represented the original BBL of 1817. This BBL name was taken over after the defendants who eliminated the original BBL name. This BBL was established in 1955 and only one single vessel 1955 COHO was built and operated. There has been no other vessel owned or ever operated by this BBL since. The 1955 COHO still operates and serves the same Port Angeles to Victoria route today. They have a website that shares the history of the Puget Sound and NY BBL’s as if they played a key role in its history. They had opportunities to purchase historic BBL ferries as the defendants sold them. Not one was ever of interest to this BBL. They have used a world class brand name for their own private gain, and not to preserve the original BBL heritage or history. They never have contributed or invested a single cent to help the preservation efforts of the original BBL fleet including the Kalakala. 50. The Quinault, Nisqually, Illahee (known as the steel electric class ferries), and

Peralta were all nearly identical in hull size and designs (like Boeing 737’s and 787’s will be). The Kalakala’s hull (Peralta) and the steel electric class ferries were all built in San Francisco (SF) or Oakland, CA nearly at the same time in 1927. The steel electric class ferries served the public within the SF Bay and Puget Sound for 80 years along with the Klickitat ferry until the defendants retired, decommissioned, sold and forced them out of U.S. territory to become scrapped in Ensenada, Mexico July 22, 2009. The 4 steel electric class ferries were sold to a
COMPLAINT-1935 MV KALAKALA - Page 17 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

USA firm who owned a Mexican shipyard where the fate of the ferries would be cut up as salvage. Even after the defendants sold all four ferries to the private firm the plaintiff offered the new buyer $1 million and the new buyer stated they were not for sale. The plaintiff alleges that the defendants sold them and interfered with the plaintiff by not allowing the new buyer to resell them. 51. The 4 steel electric class ferries were denied NPS federal historic eligible Section

106 reviews. The NPS was not triggered by the defendants State Historic Preservation Officer for any NPS reviews with the Plaintiff. Not one ferry was offered to the plaintiff. Only one ferry was necessary to succeed in the preservation efforts of the plaintiff. Each ferry was estimated to have a true collateral value of $15 million. They were sold for only $50,000 each. 52. The Kalakala was once owned by the State for 16 years from 1951-1967. And,

since 1992 there were two non profit corporations known as the Kalakala Foundation (KA1992-2003) and Kalakala Alliance Foundation (KAF -2005-2011) who once owned the Kalakala. Both foundations were denied federal and state historic preservation rights, denied all nonprofit and for profit partnership business plan development proposals and 3 applications for Save America’s Treasures grant funds. KA was granted two funds from the City of Seattle and the defendants but was never able to gain matching funds. Therefore, KA fell into bankruptcy and was forced to sell all assets. The plaintiff was the 3rd winning bidder but became the successful owner after others failed to honor their rights of ownership. The NPS and state historical and human environment reviews with all necessary PRP’s, are required under the State and “Supreme laws of the land”. No such NPS or state reviews have ever been triggered by the defendant or the State Historic Preservation Officer (SHPO).
COMPLAINT-1935 MV KALAKALA - Page 18 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

53.

The National Parks Service (NPS) was created August 25, 1916, and is a bureau

of the U.S. Department of the Interior. The NPS created maritime laws and historic preservation laws and reviews in 1966. This was one year before the Kalakala was retired and sold by the defendants in 1967, and have ignored all existing federal and state historic reviews since 1967. 54. The NPS manages 392 units of the National Parks System. NPS also helps to

administer dozens of affiliated sites, the National Register of Historic Places (Kalakala is registered), National Heritage Areas, National Wild and Scenic Rivers, National Historic Landmarks (Kalakala and Seattle docks were once eligible), and National Trails (The Peabody Trail in the Olympic National Park located in the State of Washington). NPS mission statement in part states, “is to conserve the historic objects and to provide for the enjoyment of the same in such a manner and by such means as will leave them unimpaired for the enjoyment of future generations.” 55. February 1, 2010 to September 1, 2010 the plaintiff toured 35 maritime states across America. And, the plaintiff proved that the defendants have redefined, for their own benefit, the true definition of preservation used throughout 208 nonprofit organizations in America today within 35 other maritime States. There are 35 other maritime states that have mitigated with preservation projects and allow the management of such preservation to fall under the EPA best management practices laws. But, the defendants never allowed the Kalakala major works because of their law that forces the Kalakala to only have major works be done at a shipyard. No mitigations or work on the

COMPLAINT-1935 MV KALAKALA - Page 19 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

water for major works were ever allowed by the defendants until the Kalakala was starting to sink in 2010. 56. May 24, 2000 State of Washington National and State Register Program Director, Lauren McCroskey, wrote a letter to Kalakala Foundation confirming the Kalakala is eligible for listing in both Washington Heritage Register, National Register of Historic Places, and is eligible to be listed as a National Historic Landmark (the highest honor in the federal register of historic properties). She stated in part, “these determinations are based on the Kalakala’s prominent role in the transportation history of the Puget Sound area, and also due to its national distinction as the first modern era ferry vessel, its high technological merit, and distinctive Art Deco design and interior appointments which are internationally renowned. The State offered planning services and could provide suggestions for preservation treatments. 57. October 6, 2005 KAF, Steve W. Rodrigues chairman, submitted a letter to Tacoma Historic Preservation Commission. A request was made to review a written nomination that would be filed with the State of Washington’s Office of Archeology & Historic Preservation. 58. October 26, 2005 the plaintiff requested a WSDOT regional sponsorship for a $5.4 million Kalakala non-matching federal and state Transportation Enhancement FHWA or FTA Program fund. It was ignored. Again on June 14, 2007 the plaintiff made a presentation and gave a letter to the defendants Puget Sound Regional council federal fund administrator to waive the sponsorship requirement and endorse and consider helping the Kalakala project. This was ignored.
COMPLAINT-1935 MV KALAKALA - Page 20 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

59. December 22, 2005 defendants wrote to Steve W. Rodrigues and confirmed that the Kalakala was to be reviewed by the Washington State Advisory council on January 27, 2006 at City Hall in Hoquiam, WA. 60. On January 26, 2006 Mayor of the City of Tacoma wrote a letter to Allyson Brooks, State Historic Preservation Officer informing her that the City of Tacoma’s Landmarks Preservation Commission, after due deliberation at its public meeting, voted to recommend that the Kalakala ferry be designated as a National Register object. 61. By March and April 2006 the Kalakala was listed both on the National Register of Historic Places and Washington Heritage Register. But, the original final draft was submitted to the State Historic Preservation Officer and their reviews, edits, deletions, and revisions were completed and denied all plaintiffs proposed national levels of significances. And, the state submitted such revised final nomination to NPS without Steve W. Rodrigues or KAF final comments. State deleted all pertinent national significances. But, did not change the bibliography prior to final NPS submittal. As a result the Kalakala only has State levels of significances on the national and state registers. Steve W. Rodrigues and KAF did not know such editing and deletions were done by the State Historic Preservation officer until denial of the 3rd Save America’s Treasures (SAT) grant application to NPS. 62. July 4, 2006 the plaintiff wrote to Washington State U.S. Congressman House representative Norman Dix and requested help to support a Kalakala earmark fund after being registered in the National Register of Historic Places. He ignored the letter, and the plaintiff never received a response.
COMPLAINT-1935 MV KALAKALA - Page 21 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

63. The first and second NPS SAT were filed prior to the deadline date in 2007 and 2008, and requested $250,000 federal grant fund with a $250,000 KAF match fund for both years. The third NPS SAT was filed April 2009, and requested $700,000 federal match fund, and would have enabled KAF and RE to leverage the cash by selling private securities bonds using Wells Fargo Securities and allowing KADF to qualify with over 40% property used as collateral for a $11.5 million qualified bank loan. And, the SAT was to pay for the purchase and relocation of the 4 steel electric class ferries (Quinault, Nisqually, Illahee, and Klickitat) that Meir Inc. still had $51 million worth of continued tax incentives.

II. PARTIES A. Plaintiff Name, Address, and phone No.: 64. Steve W. Rodrigues, an individual residing in Washington. PO Box 803 Tacoma, WA. 98401 Phone (206)234-2045 B. Defendant (s) Name, Address, and Phone:

16 17 18 19 20 21 22 23 24
WAST001-Complaint.pdf

65. State of Washington Attorney Generals Office 2404 Chandler Court SW, Suite 270 Olympia, WA. 98502 State Historic Preservation Office Attorney Generals Office 2404 Chandler Court SW, Suite 270 Olympia, WA. 98502 WSDOT Headquarters Attorney Generals Office 2404 Chandler Court SW, Suite 270 Olympia, WA. 98502
COMPLAINT-1935 MV KALAKALA - Page 22 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11

Washington State Department of Transportation P.O. Box 47300 Olympia, WA 98504-7300 Phone (360)705-7000 Washington State Ferries Division Pier 52 Seattle, WA. Phone (206)464-6400 66. Tacoma Industrial Properties 1123 Port of Tacoma Road Tacoma, WA. 98421 Phone (253)383-3545 67. Karl Anderson 1123 Port of Tacoma Road Tacoma, WA. 98421 Phone (253)383-3545

III. 12 68. 13 14 15 16 17 18 19 20 21 22

JURISDICTION AND VENUE

This superior court has subject matter jurisdiction over this action pursuant to

RCW 2.08.010, RCW 4.08.120 et sec., Constitution of the State of Washington Article I sec. 1, 2, 3, and 7, RCW 34.05 sec. 3:9, 3:10, and 3:15. Venue is appropriate in Pierce County because the Kalakala is located in and the KAF resides in Pierce County pursuant to RCW 4.12 et sec.

COMPLAINT-1935 MV KALAKALA - Page 23 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

IV. FACTS (In the course of plaintiff dealings with the defendants the Plaintiff alleges the facts set forth: 69-128) Kalakala facts set forth: 69-94; 69. The 1935 MV Kalakala is a ferry approximately 276 feet long, 55ft wide, and

50 feet tall displacing 1,200 tons. The Kalakala superstructure is a one of a kind, historical, social and cultural community and regional economic asset for the State and it’s people that has been impossible to accomplish because of the defendants repressive and suppressive acts while ignoring State statutes related to historic preservation and nonprofit rights. Such unrighteous acts have accrued between 1998-2012. And, defendant future retirements plan of 22 ferries have already exposed the fate and destinies of the entire fleet. Get rid of the old and build new at all costs to the people. 70. The only BBL Puget Sound historic ferries still eligible for national and state

levels of significances that remain today are the Kalakala and Santa Rosa (formerly Enetai). They are the last physical reminders of a historic fleet of ships that once served NY, NY to Liverpool, San Francisco Bay, Alaska, and Puget Sound waterways, communities, and their people who relied on inland water transportation before the car, bridges, and highways were built and that deserve protections from the defendant, so that, they can share the past with future generations in America. 71. The plaintiff was damaged by many media and news paper articles that worked

unfairly against the humanitarian efforts of the Kalakala since 2003. The latest was, in part, “Can’t Stay Can’t Go”, Tacoma News Tribune news paper article May 6, 2012.

COMPLAINT-1935 MV KALAKALA - Page 24 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

72.

The Kalakala and Santa Rosa ferries physically exist, but were never used as a

ferry after the defendants took over ownership and sold them. 73. The Plaintiff purchased the Kalakala October 15, 2003 from a Federal Seattle

District Superior Court and forced Kalakala Foundation (KA) Bankruptcy Auction for $136,520. 74. October 15, 2003 the Plaintiff elected to retain the nonprofit 501 ( c) (3) KA

federal IRS status, which was established in January 23, 1992 but still owned the Kalakala title and all assets. 75. The Kalakala was listed onto the National Register of Historic Places February

7, 2006, and was denied by defendant national levels of significances without the plaintiff being told prior to final submittal to NPS. 76. Pertinent historical records still exist for the 1935 MV Kalakala’s hull, formerly

the 1927 MS Peralta. The Peralta was built in Oakland, CA. 1927. In 1933 the Peralta superstructure burned but the hull was saved, and purchased by the Puget Sound Navigation Company. The Peralta had a sister ship named Yerba Buena (once original name of City of San Francisco), still have original 1926-1928 historic vessel designs (frame, shell, docking plans, all decks plans, seats and furnishings, and other drawings) that are retained today within the National Parks Service National Maritime Library in San Francisco, CA. The Plaintiff have used these original hull designs to obtain hull replacement quotes from across America and around the world to rebuild the original Peralta hull for the Kalakala at a lowest cost of $17 million.

COMPLAINT-1935 MV KALAKALA - Page 25 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

77.

December 12, 2007, December 29, 2008, and May 2009 NPS denied the

plaintiff’s first, second, and third Save Americas Treasures grant applications respectively. But, after the second application the NPS review committee comments encouraged the plaintiff file a 3rd application in 2009. But, the defendants U.S.House Representative Norm Dix did not allow the 2009 application to even get to committee. He was the chairman of the review committee, and this damaged the plaintiff and Kalakala. 78. May 21, 2009 and again July 22, 2009 The plaintiff applied for a Wells Fargo

Bank phased $49.5 million ARRA shovel ready loan July 23, 2009 total 5 year restoration and preservation fund. The plaintiff and team members estimate the Kalakala and new Peralta hull could be sold for a FMV that exceeded $150 million. 79. 80. June 1, 2009 Governor started National Landmark Puget Sound Waters. The plaintiff and team member 15 year projected business plan and operating

agreement estimated to generate a profit of $5-8 million annually. 81. July 2, 2009 the plaintiff wrote a letter to the defendants State Auditor, and

requested a review and injunction for the 4 steel electric class ferries. Their response was directed to their team for review but later denied to do anything about our injunction and review request. The concern included RCW 47.12.283 Sale of Real Property authorized, Procedure, Disposition of Proceeds and the defendants use of federal Safe Harbor Lease transfer not to nonprofits and 1031 like-kind exchange laws issues regarding taking the 4 Steel Electric Class Ferries out of U.S. territory. 82. July 15, 2009 the defendants failed to get more than $750,000 from the ARRA

(American Recovery and Reinvestment Act of 2009) Ferry Stimulus federal funds. The
COMPLAINT-1935 MV KALAKALA - Page 26 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Kalakala was a shovel ready project and was never included within the defendants request for funds from the federal funding list. Reference the Wed. July 15, 2009 The Olympian newspaper article. 83. 2004-2009 the plaintiff requested review and to be considered for DOT FTA

TEA-21 sponsorship funding but was ignored by the defendants. The defendants received over $100 million dollars but not one cent for the Kalakala was considered. 84. July 23, 2009 meeting with Gonzalo, was forced by the defendants not to resell

any ferries. Tactics of using ecological psychology and forceful acts with the Mexican Contractor denied the plaintiff, as in the past, and injured the plaintiff by selling the 4 steel electric class ferries for $200,000 and not allowing the Mexican contractor to sell them to the plaintiff. Instead they forced them to be cut up in Mexico while instilling an acceptable cause within the public’s minds that they were just junk, too old, and there was only one way to manage an ecological disaster like that of the Kalakala has become. 85. In 2008-2009 the defendants stated that they needed all four ferries to be taken

away from the Eagle Harbor docks immediately to make room for their new ferry fleet being built. But, 2012 there are 4 ferries out of service and the defendants could not afford to complete all the new ferries and have had to tie up 4 other ferries instead to be moored at Eagle Harbor facility. This is proof that the defendants could have allowed the 4 steel electric class ferries to be moor aged for an additional period of time prior to forceful acts to silently tow them to Mexico to be cut up. 86. Such reuses of used hulls were set as precedence in 1933 by Alexander Peabody

and the BBL. They purchased the 1927 Peralta hull in 1933, had it towed to Seattle’s Lake
COMPLAINT-1935 MV KALAKALA - Page 27 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Washington Shipyard, then, built the new Kalakala’s superstructure on top of the Peralta hull. On July 3, 1935 the new ferry instantly became world renowned as the Kalakala and “World’s first Streamline Art Deco Ferry”. It saved the BBL millions during the 1929-1941 Great Depression. The reverse could have been done for the Kalakala. Her superstructure saved then the newer hull built under her superstructure could have saved her iconic and legendary one of a kind in the world Kalakala superstructure. 87. The Kalakala still has historic artifacts on board known as the 3000HP and

600HP Busch Sulzer diesel engines that replaced the Peralta steam engines. 88. The 1935 MV Kalakala was built using electric arc welding process that was

honored to become the world’s first constructed electric arc welded steel ship in America. 89. Her 1945 Raytheon radar license #FCC-001 was the first patented commercial

use of radar on any vessel in the world. 90. The Kalakala historical reminders are significant on a national level that

represented world class ferry (qualified mass commuting vehicles) transportation, historic maritime events, important people, and social and cultural events eligible to become nominated as a national landmark vessel. 91. The Kalakala and BBL ferries (including the 4 steel electric class) had a long list

of historic evidences that have contributed to the broad patterns of American history that commemorate important persons who helped to contribute to building America, States of Washington, California, and Alaska related to: engineering, architectural, transportation, social history, social economic, social cultural, and entertainment/recreation. The Kalakala and Peralta story is one that had never been told. And, the defendants have impacted the story in
COMPLAINT-1935 MV KALAKALA - Page 28 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

such a negative way that no advanced sales of a documentary film or book can be marketed or sold. If the plaintiff had positive acceptance from the defendants with a public-private moorage site in Seattle the story would have turned to success. The presale of a film and book would have had an opportunity of generating sponsor and visitor revenues, and would have had a long term preservation plan that would have been changed positive instead of the negative losses that have occurred because of the defendants and is evident today. 92. July 3, 1935 the Kalakala became a unique, one of a kind, a "concept" vessel that

featured a smooth rounded steel sheathing, art deco round and elliptical port hole windows, and a flying bridge on either side of the wheelhouse giving it an aerodynamic "space age" look. The Kalakala once served as the "pride of the Puget Sound Navigation Company's (PSNC) until her pride was destroyed by the defendants. After WSDOT sold her with only a 32 year life cycle and years of service. Today, WSDOT has established a 60 year life cycle for ferries before being retired (they call 60 years of service preservation). Then, they are scrapped. 93. It is true that the Kalakala superstructure construction and remaining interior

artifacts still physically exist that can represent WWI, WWII, the Prohibition Era, the great Depression era, Art Deco era, famous people (Her majesty the Queen Elizabeth I, Bing Crosby and the Andrew sisters, many political dignitaries, The Peabody family, and those from San Francisco Bay whose empires are a part of the Kalakala, Peralta, and 4 steel electric class ferries). If this is cut up and disappears forever the defendants will be happy. There is a price yet to be determined that the defendant must pay for all the financial and historical tangible and intangible property losses that the defendants have subjected the Kalakala and plaintiff to.

COMPLAINT-1935 MV KALAKALA - Page 29 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

94.

Today, the Kalakala is now the last remaining historic qualified mass commuting

vehicle that helped to give birth to the entire defendants Washington State ferry system and is the last opportunity for the defendants to help preserve one of their own that still exists today. Forceful Kalakala and 4 Steel Electric Class Ferries Moves without National Parks Service Section 106 facts set forth: paragraph 95-110 95. June 18, 2009 Eco Planet was awarded the 4 Steel Electric Class ferries for a

total of $200,000 cash. By nonprofit status RCW allows the plaintiff legal rights to make another offer prior to and after the date of the sale. Reference RCW 47.12.063. 96. October 9, 2009 the plaintiff requests a meeting with the Governor to discuss the

4 steel electric class ferries, the Kalakala, and her new proposed national Maritime Heritage Area. The meeting was never granted. Only public meetings were a means to make any statements related to the ferries and a landmark proposal at Seattle’s Pier 48 for the Kalakala. 97. July 10, 2010 plaintiff wrote a letter to the U.S. President regarding all efforts

that have failed with and been denied by the defendants. The President never responded. 98. July 23, 2009 the 4 Steel Electric Class ferries were forced to move to Mexico

without a NPS triggered review by the defendants and other PRP’s. 99. January 28, 2010 the plaintiff requested another meeting a $1.0 million earmark

from the Governor. And, resulted in not being included within her 2011-2012 Governors earmark budget. 100. Prior to 2003 the Kalakala doors were forced to close. No paying visitors since

have been able to come on board the Kalakala. The United States Coast Guard required having two public safety exits. One from the Stern and one from the bow. Also, KA was never given
COMPLAINT-1935 MV KALAKALA - Page 30 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

a major works permit from the defendant after their return from AK. The denials of historic mitigations and acceptances of humanitarian efforts for the public good eventually all caused KA to default on rent and other business obligations, impacted contributions and community support, and ended in filing bankruptcy protection. 101. The plaintiff paid for moorage for the Kalakala that allowed her to stay at the

private property in Lake Union until the end of December 2003. And, the USCG or the defendant never triggered a NPS Section 106 review for mitigations. This could have prevented the Kalakala from ever moving from Lake Union. 102. During the plaintiffs efforts related to a forceful move from Lake Union by the

Court, USCG, and defendants (who neglected Section 106) the plaintiff and Kalakala were interfered with by the defendants 3 potential moorage site leases (Lovrics in Anacortes, La Conner, and Warren Konopaski property in Sekiu). This delayed the plaintiffs’ move from Lake Union and caused many negative media events and news articles that harmed the efforts of the plaintiff and reputation of the Kalakala. 103. The plaintiff secured a moorage agreement for the Kalakala from the Neah Bay

Indian Tribe who allowed the Kalakala to be moored at their abandoned I-90 floating pontoon at Neah Bay. 104. The defendant and the USCG allowed the Kalakala to move without having hull

insurance again. The Kalakala never was able to get any insurance underwriters for any move since 1998 (Kodiak, AK.). The defendants did not trigger a historic environmental review nor requested any Potentially Responsible Parties (PRP’s) to review the historic significances of the Kalakala prior to the forceful move from Lake Union.
COMPLAINT-1935 MV KALAKALA - Page 31 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

105.

The Kalakala’s forceful move finally took place by March 2004, and while the

Kalakala was under tow the defendants had written a letter to the plaintiff stating that no major work permit would be allowed by the defendants for painting the Kalakala on the water while at Neah Bay. The tribe was promised that the plaintiff would create jobs and use a rural USDA Business and Industry tribal and private guaranteed loan fund as a partnership. 106. While the Kalakala was en route and under tow from Seattle’s Lake Union to

Neah Bay the tribal council president contacted the plaintiff and told him that the Kalakala could not be tied up to the I-90 floating bridge pontoon. The plaintiff only had been given permission to tie up at the I-90 pontoon. But was forced to agree to tie up the Kalakala to an old abandoned USCG pier that was never seen by the plaintiff nor could ever be approved for insurance at the tribe old fishing pier. 107. Upon arrival the Kalakala was secured to the tribal pier, but did immediate

damage(within one hour) caused by a tidal surge , and the plaintiff decided to move the Kalakala safely away from the pier to prevent more damage to both the Kalakala and the pier. The move was done within 24 hours, and the Kalakala was anchored free away from the pier. 108. The defendant interfered with the plaintiffs’ move away from the pier. Because,

the Kalakala moved 276 feet and was now afloat within State managed waters (but the plaintiff alleges it was still under sovereign rights not State rights of management) . And, the defendants denied giving the Kalakala and plaintiff a permit to stay there. So, instead the defendants and the tribe combined to sue the plaintiff. This caused much more negative media coverage and ultimate damages to credibility for the Kalakala project.

COMPLAINT-1935 MV KALAKALA - Page 32 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

109.

Then the defendant continued to interfere and conspire with other PRP’s who

evicted the Kalakala again and created an impossible return effort by the plaintiff back into Puget Sound at all. The defendant conspired with the USCG to confiscate the Kalakala, and then take her 20 nautical miles out to international waters to sink her. They failed. But, again the Kalakala should have never been allowed to move at all based upon a Section 106 NPS review that was never triggered for the Kalakala. Prior to the September 23, 2004 move from Neah Bay Tribal waters. 110. The Plaintiffs efforts to purchase the Warren Konopaski property located at

Sekiu, WA. was interfered with by the defendants during a community meeting held by the plaintiff. The landowner was willing to sell his marina site to the plaintiff for the Kalakala project. But, during the meeting a defendant representative was in the audience without letting the plaintiff know. The defendants discouraged the community and they all agreed to deny the Kalakala from coming to the Warrren Konopaski site. But, he was still willing to sell the property to the plaintiff. It took him 35 years to build the jetty and marina, and the defendants then interfered with him and tried to impact his jetty and property boundary lines. Tacoma Industrial Properties and Karl Anderson facts set forth: para;111-128 111. By September 21, 2004 the landowner, Karl Anderson, contacted the plaintiff

and offered moorage at his Hylebos Creek Waterway site located at 1801 Taylor Way, Tacoma, WA. The defendants were told where the Kalakala was going to, and no other PRP’s were ever involved with the move prior to or after leaving or arriving to the sites. No EPA, EIS, or EA review was presented by the landowner prior to asking the plaintiff to come and be moored at his private site. The landowner does not own the land under the water or manage
COMPLAINT-1935 MV KALAKALA - Page 33 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

the water where the Kalakala is afloat. The USCG is the lead agency who manages the Kalakala, and should have triggered a Section 106 and other environmental PRP or “interested parties” reviews. This reflected another humanitarian effort without needing any permits from local governmental responsible parties. 112. September 22, 2004 a 1801 Taylor Way, Tacoma, WA moorage agreement was

signed by both the landowner and the plaintiff. And, the Kalakala was again moved without the defendant or USCG triggering an eligible NPS Section 106 review. This was another violation of the defendant and the USCG who allowed another move within Puget Sound waters again, like they both did in 1998, while afloat and towed from Kodiak, AK to Port of Seattle’s Pier 66 without any EPA or any other PRP’s advanced reviews and permissions. The landowner and the plaintiff, by law, should have never been allowed by the defendants and the USCG and other PRP’s without due process of the historic laws and respect to the environment. 113. September 25, 2004 the Kalakala was towed to the landowner’s site and secured

to land anchors September 26, 2004. Upon arrival the landowner had 4 other derelict vessels moored on his property, and a abandoned derelict hull that had 40,000 gallons of diesel fuel that leaked daily and an abandoned wooden loading dock that subjected the Kalakala to many daily unsafe conditions. 114. The landowner never made any landlord tenant improvements, or filed for any

construction permits related to the site where the Kalakala was moored at on September 26, 2004. The landowner never made any tenant improvements until March 2012.

COMPLAINT-1935 MV KALAKALA - Page 34 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

115.

The landowner has subjected the plaintiff to many months of harassments from

the tenant named Tri Pak Inc. 116. 117. March 2011 the landowner evicted and filed a law suit against the plaintiff. The landowner never accepted his site and Kalakala tenant liabilities, and he

controlled access to the Kalakala that caused difficulties of maintaining or improving the Kalakala for 7.5 years. 118. The landowner, Karl Anderson, and local attorney conspired against the plaintiff.

The plaintiff was damaged by a pro bono attorney who wanted to join the plaintiffs’ case after a free counsel meeting. It is unethical as attorney’s who help clients such as the plaintiff can not represent their clients during such free clinic sessions. The attorney edited the plaintiffs’ Answer to the landowners Complaint that would have allowed the landowner to avoid a jury by trial and help the landowner instead of the plaintiff. 119. In 2008 the plaintiff completed an entire Hylebos Creek Channel land feasibility

along the south shoreline for the Kalakala and the landowner. It was discovered many properties were being purchased by Port of Tacoma. And, prices of land sales were identified. The information was given to the landowner by the plaintiff. The plaintiff offered to purchase the 1801 Taylor Way property from the landowner for the Kalakala project. It was intended to be used to remove the superstructure and roll it onto the property for preservation. Instead the landowner used the plaintiffs’ study to benefit himself. He purchased the neighbors property located at 1851 Taylor Way. 120. The landowner is now controlling access to the Kalakala without adhering to

landlord duties (RCW 59.18.060) he has failed to keep the premises fit for the plaintiff
COMPLAINT-1935 MV KALAKALA - Page 35 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

habitation and safety of the Kalakala moorage. He has interfered with the plaintiff by conspiring with the defendant to plan for the Kalakala to be cut up at his graving dock or take over ownership by forcing the plaintiff into bankruptcy and then help the State environmental agency to sink the Kalakala as a reef. 121. The landowner also wants the plaintiff to sign an agreement to allow the

Kalakala to be purchased for $1 by others who can prove they can move the Kalakala. But, he has not indicated that the Kalakala would not be sold to a salvage company. And, he knows that the plaintiff has no plan to salvage the Kalakala. 122. The landowner has brothers who are employed within political careers within

Tacoma, WA. Karl Anderson has worked with and for many nonprofit companies as a board of director, and has contributed his personal time to help them succeed. But, he never helped with any cash funds or completed any tenant improvements over the past 8 years at the 1801 Taylor Way property. 123. The landowners purchased the 1801 Taylor way site for only back taxes, never

improved the site for 10 years, and in 2011 purchased the adjacent neighbors site at 1851 Taylor Way. This was all for private investment to shelter his and his partners federal tax burden. The landowner has benefited from avoiding taxation, has gained a new tenant, and purchased the adjacent site to continue sheltering future tax burdens and gain more land to become wealthier by not paying taxes. 124. The landowner has benefited from State and Federal governments. His business

decision to bring the Kalakala to his property was not to help preserve or protect the Kalakala’s safety and the plaintiff’s habitation, but to help his profit margins. And, it has proven rewards
COMPLAINT-1935 MV KALAKALA - Page 36 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

while the powers and interferences of the USCG who has given Karl Anderson everything he needed at the right time. Unfortunately for the Kalakala it was 8 years too late. And he did it without triggering and needing permissions from any local PRP’s and the USCG did it without triggering a Section 106 review from the NPS. 125. July 1, 2012 the landowner has completed shoreline improvements without a

City or State permit for both 1801 and 1851 Taylor way, and has conspired with a PRP named General Metals who has filed a law suit against him. The plaintiff alleges that the PRP’s and USCG have succeeded together, and nothing will come from the false law suit. It is a way for them to confiscate the Kalakala and be assured their next 2 year plan to get rid of the Kalakala succeeds. 126. The landowner, defendant, USCG, and General Metals have all conspired to

move the Kalakala, and all together have subjected her to become removed from the National Register of Historic Places. By law the Kalakala should never be allowed to move again in the future without a defendant triggering a NPS Section 106 review. This requires NPS, defendants, all Hylebos Creek Channel PRP’s, City of Tacoma where the Kalakala has historic jurisdiction, and the plaintiff input prior to such USCG tow plan from being completed for the Kalakala. 127. The landowner has harassed the plaintiff by canceling his lease and giving it to

Tri-Pak Inc. Who for more than 4 years slandered the plaintiff and took his modular home from the property without permission from the plaintiff. The home was given to the plaintiff by the landowner, Karl Anderson.

COMPLAINT-1935 MV KALAKALA - Page 37 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

128.

The landowner has harassed the plaintiff by hiring a general contractor named

RV Associates during their demolition and construction contract. The contractor trespassed onto the Kalakala without permission while performing many contractual activities for the landowner. Plaintiff, humanitarian and professional team contributions and facts set forth: paragraphs 129-136; 129. The plaintiff has a B.S. in both Civil Engineering and Engineering Science. He

has devoted over 10 years to historic preservation. The Kalakala is the best project that the plaintiff has ever had, and the plaintiff has a respect for the future historic preservation laws and gained past knowledge of available rural federal guaranteed loan funding prior to starting the Kalakala project. 130. The plaintiff assembled world class team members who all respect the Kalakala

project and gave humanitarian contributions to the plaintiff’s preservation efforts. 131. The Plaintiff and team were previously interfered with by the current Governor

of the State of Washington while she was the State Attorney General in 1999. As she her past 8 years of interferences while the plaintiff owned the Kalakala. In 1999 the South West Washington Development Authority, Lewis County, and the defendants became involved with the plaintiff. The plaintiff was the best bidder on the SWWPDA project. A $200 million phased project based upon the plaintiff and team rural feasibility study. Plaintiff was denied rights to win the bid even after the 2003 State Auditors’ audit confirmed the SWWPDA mismanaged their competitive bidding process. The plaintiff lost 3 years while waiting for the audit to be completed. CIVIS, who was awarded the project in 2000, and was denied, 3 years
COMPLAINT-1935 MV KALAKALA - Page 38 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

later, to build their $500 million project feasible after a completed study by KPMG. This is when the plaintiff was first interfered with by the defendant who endorsed the SWWPDA project along with many others over the 3 year process while the defendant knew the SWWPDA violated competitive bidding laws. After the audit became public information the SWWPDA attempted another project like the plaintiff’s and reduced it to a $50 million then violated the bidding process again. In 1999 the plaintiff proposed a near identical concept project as the SWWPDA did 3 years later. The SWWPDA silently was forced to dissolve in 2003. And, the plaintiff was interfered with but moved on with the Kalakala project. 132. The plaintiff purchased the Kalakala because it had everything that his proposed

SWWPD rural development plans offered, he knew historic preservation, and already had a rural USDA 4279B and 4279A business plan and knowledge of the rural USDA guaranteed loan program that was planned to do the same for the Kalakala project. 133. The plaintiff and team created a new set of Kalakala architectural and elevation

plan views from as-built drawings for the Kalakala by end of 2003. 134. 2007-2010 the plaintiff hired S333, Select Contract, and had a turnkey historic

preservation and operating team waiting to provide support for master plans designed to restore/preserve the Kalakala and operate her in and to harbor her within Tacoma, Port Angeles, Sekiu, or Seattle’s pier 48. 135. 2010 the plaintiff found a full set of original Peralta hull design drawings at the

National Maritime Museum located in San Francisco, CA. These plans were purchase and used to obtain new construction quotes to replace the Kalakala hull (Peralta hull) from around the world.
COMPLAINT-1935 MV KALAKALA - Page 39 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12

136.

2011 the plaintiff researched existing historic and human environmental laws to

help protect and fund the preservation of the Kalakala. The plaintiff has discovered and alleges that the defendant neglected the Kalakala’s historic rights and controlled the money which could have been eligible for preservation of the Kalakala since 1998. But, the plaintiff alleges that the defendant has damaged the plaintiff efforts mostly during the past 2 to 3 years. Including a 2010 emergency Governor Heritage earmark denial for the Kalakala.

V.

CAUSES- Set forth by the Plaintiff alleges: 137-288

(DEFENDANTS HAVE CAUSED DAMAGES AND INJURIESTO THE PLAINTIFF, KALAKALA, AND STEEL ELECTRIC CLASS FERRIES, DEPRIVED PAST AND FUTURE PRIVATE BUSINESS OPPORTUNITIES, AND FAILED TO COMPLY UNDER THEIR OWN AND FEDERAL OBLIGATINS INVOLVING VARIOUS STATUETS)

137. 13

Since January 1, 2005 Plaintiff and Kalakala business past and future operations

have been seriously damaged by the defendant’s lack of historic and environmental due 14 processes that should have been available for the Kalakala since her arrival back into the State 15 of Washington. 16 138. 17 long term and continued negative public comments published within many past media events 18 that has slandered the Kalakala and plaintiff and disrespected the efforts of many contributors 19 for Public Good. 20 139. 21 planning for their own preservation history and mismanaging their past WSDOT historic fleet 22
COMPLAINT-1935 MV KALAKALA - Page 40 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

2003-2012 the Kalakala and plaintiff have been damaged from the defendants

The Kalakala has been damaged by defendant’s lack of WSDOT respects of

23 24
WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

of ferry sales. Plaintiff submitted a letter to State Historic Preservation Officer April 15, 2009, and requested triggering an injunction against the WSF that would cause a review prior to being allowed to leave U.S. territory and the State. 140. The Kalakala’s history and plaintiff’s proposal to Puget Sound Regional Council

August 1, 2005 deserved to be included within future defendant Seattle’s Ferry Terminal Pier 48 as a world class historic community tourist attraction for future generations. Plaintiff was denied $5.0 million grant fund and Pier 48 from Port of Seattle in 2010 design review by Washington State Ferries Division. Port of Seattle sold Pier 48 to WSDOT and they demolished the historic structure July 1, 2010 without a NPS triggered Section 106 historic review or had any public comment period. 141. Accrued negative plaintiff infringements by the defendants damaged both the

NPS January 1, 2006 National Register of Historic Places –Review Title I Federal Grants Loan Assistance and April 15, 2007, May 20, 2008, and May 22, 2009 Save America’s Treasures Grants applications. The Kalakala suffered seriously injured historic rights of the steel electric class ferries sale July 23, 2009. The defendants will continue will hurt 18 other ferries historic rights until 2053. 142. 143. The defendants have damaged plaintiffs’ and Kalakala’s intangible property. The defendants have caused public Kalakala misperceptions by denials of

plaintiffs “Noblest efforts for the public good” using newspaper published articles since March 2004.

COMPLAINT-1935 MV KALAKALA - Page 41 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

144.

May 1, 2009 the defendants damaged the plaintiffs WEDFA and WSFHA and

Wells Fargo Securities and 501 (c ) (3) qualified $11.0 million bank quaranteed bond sale via ARRA 2009 & 2010 applications. 145. May 5, 2009 defendants ignored plaintiffs historic preservation efforts within

their US Ferry System Investment Act HR 2172 and S930 bills sponsored by Washington State Senators Patty Murray and co-sponsored by Maria Cantwell. 146. 2005-2010 Plaintiff and Kalakala have suffered from defendant denials of

available temporary moorage leases that would have allowed the Kalakala doors to be opened to tourists and would have generated revenues for her operations and maintenance. There are abandoned or surplus State owned/and controlled waterfront terminal properties being unused by the defendant within Puget Sound. Defendants preparations and nomination and assembled all “Interested Parties” for a proposed NPS National Historic Landmark of the entire waterways of Puget Sound. Yet not one nomination of one of their own ferries or terminals was included within their own proposal. The Kalakala and Seattle’s Pier 48 were proposed by the plaintiff and ignored as if it was never verbally stated. 147. Since 2004 the defendants have continued to enforced governmental laws they

created that require the Kalakala to have a work permit for any work on the water. By RCW all vessels longer than 62 feet must go to certified shipyard for major works. This was never feasible for a derelict vessel like the Kalakala. It was not until the Kalakala nearly sank in 2010 that the defendants changed the law and allowed mitigation works on the water where she is using only EPA Best Management Practices.

COMPLAINT-1935 MV KALAKALA - Page 42 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

148.

In 2010 the plaintiff traveled for 8 months to and studied 35 other maritime

States regarding historic landmark vessels, 208 maritime organizations, and Art Deco structures across America. The other States visited never heard of or were ever forced to do all major work at a shipyard, and manage most major works where the vessel is while afloat in the water at their own dock. 149. The defendants’ past policy is still retire, decommission, sell for less than Fair

Market Value, and never allows any historic ferries to be reused again within Puget Sound for any commercial purposes. The defendants have damaged the Kalakala, steel electric class and will continue to destroy 18 other future eligible historic ferries using this management practices until 2053. 150. During the State defendants ferry fleet ownership they have never preserved a

single historic BBL or ferries built since 1979 to their unimpaired historic condition for future generations. 151. The defendants have used federal preservation funds for operations, and have

redefined the true federal definition and meaning of ferry “preservation”. This has damaged many funding opportunities for the Kalakala and other defendant eligible historic ferries. And, in 16 years, 1992 to 2008, the plaintiff via FOIA had discovered $161, 731,168 WSDOT WSF Operations and Maintenance program expenditures were used to preserve the 4 steel electric class ferries. No FMV was ever completed before selling the ferries. All were nearly worth $15 million not just $200,000 that they were sold for June 22, 2009 and removed from U>S. territory starting July 23, 2009.

COMPLAINT-1935 MV KALAKALA - Page 43 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

152.

The plaintiffs requested a FOIA from the USCG on January 23, 2008 regarding

their inspections of the 4 Steel Electric Class Ferries. And, certificate of inspections were received that indicated only the Quinault ferry was due for dry dock inspection in 2007. All others were scheduled for inspection but did not require dry dock for another year or two. This meant that the other ferries did have certifications to operate with minor maintenance and on the water interior hull inspections after November 2007. 153. July 31, 2009 the Plaintiff wrote a letter to both defendant House and Senate

Judicial and also the Transportation committees requesting a temporary injunction to stop the ferries from being taken out of U.S. territory based upon federal laws of 1031 like-kind exchange restrictions. The defendants ignored the plaintiff. And, the ferries were denied a Section 106 NPS review under the National Historic Preservation Act Title I and II Sections. 154. August 5, 2009 Rep. Dave Upgrove from the 33rd district responded and stated

that they were out of session and did not convene until January 2010. 155. October 19, 2009 plaintiff requested a meeting with the Governor. A November

12, 2009 letter written by the plaintiff explained to Governor Christine Gregorie, her assistant, and SHPO what the plaintiff wanted to discuss the Kalakala and that the plaintiff wanted to introduce Select Contracts a turnkey design-build-operate team who shared 501 ( c) (3) bonds, Governor $1.0-$2.0 million earmark, SHPO meeting and NPS reviews, WSDOT $11.0 million Pier 48 acquisition the plaintiff public-private interests, and many heritage and the SAT $700,000 grant fund, and 80%-90% USDA 4279 A & B loans eligible for the Kalakala project proposal within Puget Sound. And, the Preserving the Northwest Historic veessels HB 2589 (plaintiff wrote 6% balance of funds to go to the Kalakala in 2008) was proposed but ignored
COMPLAINT-1935 MV KALAKALA - Page 44 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

by the defendant. Instead the defendant sponsored HB 2379 & SB 6185 which included 6 other historic ships and non-profits (wooden boat center) and ignored including the Kalakala to become included. And, especially the defendants had a contract to lease the landowners (Karl Anderson) Concrete Technology graving dock November to December and beyond The meeting was never granted with the governor. 156. On September 3, 2010 the plaintiff wrote to the SHPO and requested that the

Kalakala be placed onto a priority earmark fund within the Governor’s 2011-2012 Washington State budget instead of being required to compete for the lifetime $1.0 million Kalakala Heritage Gran fund. This letter was ignored. The defendants have damaged the Kalakala and other historic ferries by ignoring all past federal statutes for human environmental, social economic, and social cultural reviews with all “Interested parties”. 157. The defendants knew what the plaintiff was doing during a 3 year long due

diligence period prior to the sale of the 1927 - 4 steel electric class ferries. The plaintiff study started a FOIA process in 2005 and ended in 2009. The defendants injured the plaintiff and Kalakala efforts while never allowing fair State due process of either for profit or nonprofit historic negotiation and mitigation rights to gain ownership of the historic ferries before or after the sale (RCW exists). 158. The State defendant’s policy is to decommission old ferries instead of leaving

them untouched and operable immediately after taking them out of public service as ferries. This damaged the Kalakala efforts for alternative and eligible commercial reuses before decommissioning the 4 steel electric class ferries. The defendants forced the ferries to be stripped of most critical operating navigation, instrumentation and controls, other major
COMPLAINT-1935 MV KALAKALA - Page 45 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

equipment, and any/all spare parts so that the engines were inoperable and vessel certification could not meet the USCG standards as qualified mass commuting vehicles/ferries or any type of transportation operable vessel. 159. All Kalakala and other eligible historic ferries will continue to be subjected to

damages both tangible and intangible opportunities until defendants are stopped by injunction. Deny for profit and nonprofit opportunities for any public-private ferry routes, and mismanage future historic preservation statuets. 160. The defendants have been using monopoly type structured ferry management

practices over many past decades while ignoring the Kalakala past efforts in asking defendants to implement historic federal and state governmental laws. 161. The Plaintiff has been damaged by the defendants while seeking the Kalakala

ferry a new home and moorage site within rural and urban Puget Sound communities. It is important to expose that the defendant manages nearly 99% of the Puget Sound waters. And, leases most marina lands under water to private business interests. And, as a result the defendants caused the Kalakala further denials by interfering with opportunities to lease such private moorage births by threatening revoking lessor’s rights if the Kalakala sank at their site. 162. The defendants have interfered with plaintiff past and future general public

opinions and over 200 historic nonprofit organizations opinions throughout the entire Puget Sound region. And, this has damaged the credibility of generating any Kalakala revenues or support from major philanthropist from the Seattle and entire Puget Sound region. 163. In 2012 the defendants have conspired with the landowner to sink the Kalakala

as a reef or have her cut up as salvage in his graving dock by the end of 2014.
COMPLAINT-1935 MV KALAKALA - Page 46 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

164.

In 2010 the defendants and other Seattle PRP’s caused the historic WAWONA

schooner fate to become cut up. Her sister ship is the C.A. Thayer, and is fully preserved in San Francisco. The WAWONA is gone forever. 165. 2005 the small wooden boats center is favored and funded by the defendant, and

once offered to purchase the Kalakala. But, they were interfered with by the defendants. 166. 2010 after the plaintiff traveled to witness 35 maritime states across America, he

found that the Kalakala is truly a unique, one of a kind, diverse, and a ferry that has as much or more capabilities to sustain a good viable for profit or nonprofit business opportunity. In fact the Kalakala is so unique that the success is highly unlikely to fail in any other state other than the defendants. But, her preservation rights belongs only in Seattle area to become a shared public private joint venture project and a historic treasure where she served the people and can be shared with 100 million more people in future generations. If the plaintiff is forced to move her out of Puget Sound and Seattle her story is damaged, and the Kalakala is injured by increased business risks and reduced projected profits. She belongs within the community she served and be shared with and supported by the people she always served. But, the defendants have stopped this from happening since 1967, and especially over the past 2-3 years. 167. The defendants have interfered with and denied critical physical evidences of an

entire historic fleet and system from ever having due process to help them be preserved. Instead the defendants have helped them only to become preserved between the pages of the historians published Seattle maritime books. Even within the existing history books and other published Medias their stories are twisted and have not shared the truth.

COMPLAINT-1935 MV KALAKALA - Page 47 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

168.

The defendants have never dedicated honors for the Kalakala or the Peabody

family. The defendants have abandoned the Kalakala a second time without due justice within the 21st century as they did in the 20th century. 169. The Plaintiff started a WSF FOIA and due diligence effort in 2005, and it took

over 3 years to complete. The first defendant 4 steel electric class ferry sale effort started after being purchased back from 2007-2008(defendants attempted to sell the ferries 5 different times). The defendants did not own the ferries at the time they mothballed all 4 at the same time. They had a $51 million tax incentive remaining balance under a safe harbor lease with Meijer Inc. So, they did not want to pay off such a debt nor lose such a use of a safe harbor lease. This was all uncovered during the Plaintiff efforts to save the Kalakala, and he focused on the future eligibilities related to the end of the year of 2014. Because the WSF would have eliminated the debt and then the ferries would have been purchased back for $1 each. The plaintiff was more interested in the past 15 years of maintenance and capital improvements completed on the 4 steel electric class ferries than the safe harbor lease. It was discovered that over $162 million was invested into the ferries over the past 15 years. The ferries were in great physical shape and truly worth an estimated $55 million the day they were mothballed. The Kalakala could have used a lot of the 4 steel electric class ferries materials and equipment to make her operating again. Not only did the Plaintiff discover how much the ferries were worth but realized how it could become possible to save the Kalakala, all the heritage of the BBL, and all the other tangible and intangible historic immeasurable values. 170. During the due diligence period prior to the sale for the 4 steel electric class

ferries the plaintiff discovered that the defendants had lost over $2 billion between 1990-2010.
COMPLAINT-1935 MV KALAKALA - Page 48 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

And, after the sale of the 4 steel electric class ferries the State had to admit that they would lose another $3 billion to keep the ferry system operating until 2020. What the defendants did not admit to was that they also lost immeasurable historic assets including the opportunity to help the Kalakala become fully preserved to her unimpaired condition while reusing the 4 steel electric class ferries to help the plaintiff succeed as a public-private partnership. Because, the defendants destroyed all future 22 ferries preservation rights by disallowing the plaintiff to reuse hulls and superstructures. 171. The plaintiff also discovered during the due diligence period prior to the sale of

the four steel electric ferries that a defendants projected ferry retirement schedule was being implemented and published to the general public. The defendants’ policy was to retire and sell the old ferries. The defendant already had over $65 million reserved to replace old ferries instead of rebuilding the old. And, $62 million projected to preserve the Issaqua class and Super Class ferries (preserve has been used by defendant). 172. The plaintiff and the Kalakala have been injured from such powers and political

policy and management past practices. And, the plaintiff realized that the entire effort to purchase the 4 steel electric class ferries during 5 efforts became impossible. But, the plaintiff gave all information necessary to the defendants who new exactly what the plaintiff wanted to do. The defendants ignored all historic rights and denied all attempts and offers from the plaintiff. The plaintiff alleges the defendants knew and maliciously planned to force the ferries out of the state and to be cut up, so that, they would never have to face another similar repeated effort like the Kalakala had presented to them in the past. So, the plaintiff and KAF was denied due process prior to the sales, during the sales, and even after the sales.
COMPLAINT-1935 MV KALAKALA - Page 49 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

173.

Today, the defendants have caused the loss of the entire original historic BBL

fleet heritage and culture that they inherited from the take over of the private ferry system 1951. The BBL and the Kalakala contributed tremendous heritage and culture to the defendants. And, the Kalakala is the last ferry that still exists and can be shared with the people for future generations. Such Kalakala losses include 100 of millions of dollars, immeasurable values of our nation’s physical maritime heritage and culture, and plaintiff injuries of pursuing a “noble effort for the public good”. Such accumulative financial losses and historic negative impacts are all related to the defendants’ political abusive powers and statute neglects. 174. A national world class heritage and cultural disaster has been allowed to happen

under the guidance’s of defendants and other potentially responsible parties (PRP’s) who should have taken full accountability and responsibility of the plaintiff’s efforts to preserve the defendants own heritage and were the roots of a historic fleet of ferries that they inherited for nothing. The Kalakala and the people within future generations have rights that have been denied by the defendants. 175. The Plaintiff have a long list of evidences while past humanitarian efforts were on

a “Good Faith” trail towards preserving the Kalakala and restore the famous honors that the Peabody family name deserves again in the history books. 176. The plaintiff failed to protect the four steel electric class ferries from the

defendant’s torches. But, the plaintiff seeks a trial by jury to stop the defendants from doing the same to the Kalakala and the 2011 retired Rhododendron ferry (served for over 50 years and is eligible to be reviewed and registered as a historic ferry).
COMPLAINT-1935 MV KALAKALA - Page 50 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

177.

The Rhododendron could float for another 25 or more years as a stationary reused

commercial vessel without ever becoming a public safety issue. Like the 1927 Santa Rosa (former WSF Enatei) is still a corporate office for Horn Blower Yachts located and afloat on the water at Port of San Francisco Terminal #2. 178. The plaintiff and the past Kalakala owners have faced forced financial

bankruptcy, have faced the same defendant salvage yard issues, and have been denied the same opportunities of triggered historic reviews and mitigations for their preservation efforts, and will continue to be harmed for the next 40 years until 2053 if the defendants are not stopped by injunction. 179. The landowners and Karl Anderson have benefited from the Defendants past and

potential future political pre-stressed concrete contracts related to their graving dock (dry dock). 180. Another plaintiff and Kalakala interference by the defendants and landowners was

during the first week of July 2012. They moved the Kalakala to safety without permissions from the NPS. The Kalakala is registered on the national register of historic places and requires permission from NPS review and approval prior to allowing the plaintiff to move the Kalakala. This law exists within the National Parks Service (NPS) Section 106 historic review. 181. The defendants interfered with other plaintiff development and public alternative

moorage sites. This injured the plaintiff and resulted in failure at proposed sites (Port Angeles, Everett, Bellingham, Tacoma, Seattle, and Warren Konopaski or other past proposed sites) during the past 2-3 years and as far back as 2005.

COMPLAINT-1935 MV KALAKALA - Page 51 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

182.

The State defendants’ denials of major works on the water permits have caused

past and future damages. Such as while at Seattle’s Lake Union 1999-2003, Neah Bay 2004, and 2004-2012 Tacoma’s Hylebos Creek waterway. 183. The defendants denied the Plaintiff from obtaining from the defendants a form of

temporary injunction while asking for a historic review due process prior to the defendants allowing all four ferries to exit U.S. territory. 184. There are still “supreme laws of the land” reviews for the defendants use of a

potential disqualified safe harbor lease transfer, and a 1031 like-kind tax exchange for the 4 steel electric class ferries and others that have used the same practice of federal laws. 185. The plaintiff and the Kalakala suffered injuries and damages by being prevented

some form of negotiations prior to and after the defendants sold the four steel electric class ferries 5 times. 186. The Plaintiff requests a reformation of the defendants and landowner

irresponsible acts that need an injunction to stop the defendants from forceful moves and harms to the plaintiff, the Kalakala, and the Rhododendron in the future. 187. The Kalakala was never eligible as a ferry to become granted any federal

highway administration eligible preservation funds that were managed by the Puget Sound Regional Council (PSRC). The plaintiff was told the Kalakala did not qualify as a mass commuting vehicle and was not a ferry. The Kalakala was and still is the world’s first streamline ferry that was denied a portion of the PSRC requested $5 million fund in 2009. 188. NPS units includes in part, 122 historical parks or sites, 74 monuments, 58

national parks, 24 battlefields or military parks, 18 preserves, 18 recreation areas, 10 seashores,
COMPLAINT-1935 MV KALAKALA - Page 52 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

four parkways, and two reserves. In 2010 the State of Washington started to create a National Heritage Area for all of Puget Sound. The Kalakala and 4 steel electric class ferries all had regional Puget Sound area significances that are eligible for such NPS nominations. And, this should have stopped the defendants from ignoring the Plaintiff request for a temporary injunction prior to forcing the four steel electric class ferries out of U.S. territory July 22, 2009. 189. NPS had a fiscal budget for the year 2008 of $2.75 billion. Annually, NPS sites

generate 246,000 jobs for local economies and provide $12 billion in economic impacts. NPS maintains 909 visitor centers and contact stations. In 2009, 133 million people attended more than 612,000 special events and ranger programs in parks. NPS employs approximately 20,000 permanent, temporary, and seasonal workers. And, nearly 176,000 volunteers in parks donate about 5.4 million hours annually. This is equivalent of having about 2,600 more employees. In 1920 the NPS only had 1 million visits and by 2009 NPS had over 285 million visits. The Kalakala had over 100 million visitors on board, and was rated Seattle’s number one tourist attraction until the World’s Fair Exhibition in 1962. Thereafter, the Kalakala was rated 2nd best tourist attraction rated by visitors 2nd only to the new Seattle Space Needle. Today, the State has acted as if the Kalakala only exists as scrap. Not one word about the Kalakala was published within state historic museum “Icons” film documentary or published within the 50th anniversary of the Seattle’s World’s Fair Exhibition magazine. Defamation has been caused by the Defendants. 190. NPS preservation contains parks such as, The National Maritime Park in San

Francisco, CA. Such historic vessels include the MSS Eureka, CSS Schooner C.A.Thayer, and many others that are listed on the National Register of Historic Places as national landmark
COMPLAINT-1935 MV KALAKALA - Page 53 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

vessels. They have been or continue to be preserved to their unimpaired conditions for future generations. The NPS faithful stewardship will celebrate its 100th anniversary in 2016, and that is a “sacred trust”-says; Barack Obama in 2009. The Kalakala and Peralta hull will celebrate their 77thh and 85th anniversaries July 3, 2012, and shall be preserved unimpaired as a “sacredpermanent trust”; says; Steve W. Rodrigues and Kalakala Alliance Foundation. 191. After the plaintiff failed to get any fund or preservation support results from the

defendants, Steve W. Rodrigues went on a 8 month journey to visit 208 non profit organizations, 100’s of historic landmark registered vessels and other national landmark art deco structures across 35 maritime states and many cities across America. The plaintiff discovers that all nonprofits rely 80% on philanthropy and the balance on grants and loans. He also discovered that the local communities all worked with a balance of other nonprofits contributions. The plaintiff has never been able to obtain acceptances from any over 200 historic nonprofit groups in King County alone. Nor has the plaintiff ever been considered to be allowed moorage near Seattle’s Ferry terminal at Pier 48. It is also a fact that the defendants supported various legislative bills to support 4 other historic vessels that do not have such levels of state and national levels of significances like that of the Kalakala. 192. The 1935 MV Kalakala is a ferry approximately 276 feet long, 55ft wide, and 50

feet tall displacing 1,200 tons. 193. The 1935 MV Kalakala’s hull was formerly from the 1927 MS Peralta, and was

built in Oakland, CA. 1927. In 1933 the Peralta superstructure burned but the hull was saved, and purchased by the Puget Sound Navigation Company. The Peralta had a sister ship named Yerba Buena(once the name of the City of San Francisco), and all original 1926-1928 historic
COMPLAINT-1935 MV KALAKALA - Page 54 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

vessel designs (frame, shell, docking plans, all decks plans, seats and furnishings, and other drawings) are retained today within the National Parks Service National Maritime Library in San Francisco, CA. Plaintiff has obtained competitive bids to build a new identical original designed 1926 hull of the Peralta at a cost of $17 million. And, a total preservation/restoration construction budget of $49.5 million. After construction complete a new appraisal was estimated that the Kalakala and Peralta hull would have a new value and could be resold for an amount exceeding $150 million. 194. The Plaintiff planned to have a perpetual preserved Kalakala superstructure by

first reusing the original design Peralta historic hull or removing and replacing the Peralta hull along with removing one of the hulls from of the Quinault, Nisqually, or Illahee. This would have saved over $15 million instead of building a new Peralta hull at a cost of $17 million. 195. The plaintiff would have set an innovative future cost savings plan precedence

within the 21st century plans for perpetuity related to the Kalakala’s superstructure, replacement hulls, preserved artifacts (Busch Sulzer engines and Raytheon Radar). Such plaintiff construction of the Kalakala and replacement hulls could save the defendants ferry system billions of future costs by designing and building new hulls and perpetually preserving the existing fleet of ferry superstructures. Much like what the privately owned BBL did in 1933 using the Peralta hull under the 1935 new Kalakala superstructure design. But, such innovative and modernization design and construction concept could never become a part of the defendants’ future interests for savings billions in the future. Because the defendants have proven to waste money and mismanage a ferry system since the retirement of the Kalakala in 1967
COMPLAINT-1935 MV KALAKALA - Page 55 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

196.

The defendants have mismanaged the eligible historic reuses of the 4 steel electric

class ferries. The future is pending for the eligible historic Rhododendron, and the plaintiff prays for an injunction to stop the defendants from what they have always done in the past. 197. The Kalakala is a “Dead Ship” by federal laws under USCG certifications. Since

1998 commercial reuses of the Kalakala and other historic ferries have always been denied by the defendants. In 1998 the Kalakala became afloat after being buried for 30 years and brought from Kodiak, AK. Under tow by tug boats via Pacific, International Canadian waters, into Puget Sound inland waterways, and Seattle’s Lake Union in 1998. The State never triggered any required environmental protection administration plans nor triggered a Section 106 NPS review prior to bringing the Kalakala into the State of Washington waterways. No Insurance was provided for the 1998 move of the Kalakala from AK. to WA. The Kalakala should have never been touched in AK. without a permit and should have never left the state of AK. The plaintiff would have never suffered since 2003, and would have never purchased the Kalakala if would have never got to Seattle. 198. The Kalakala intangible property, name “Kalakala”, and the important family

name “Peabody” both have also been subjected to much sufferings over the past by the defendants since 1951. The Kalakala being forced to be sold via 2003 Federal Superior Court bankruptcy auction then forced out of Lake Washington while the USCG and defendants knew that the Kalakala did not have hull insurance. 199. The defendants have never honored the property names “Kalakala” or “Alexander

M. Peabody” who had significant perpetual ferry system historic contributions to humanity within the State.
COMPLAINT-1935 MV KALAKALA - Page 56 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

200.

The Kalakala entered waterways and human environments after the transfer of

ownership from City of Kodiak, AK. to Kalakala Foundation in 1998. The humanitarian and environmental efforts regarding the Kalakala Foundation (KA-1992-2003) and Kalakala Alliance Foundation (KAF -2005-2011) extend beyond sole liabilities for the properties or the human environments and historic preservation efforts throughout the Kalakala’s journey from 1998-2012. Many moves were forced which have all subjected the plaintiff and the Kalakala to failure without due process under the law. Including the forced move July 1, 2012 without plaintiff’s permission at Hylebos Creek waterway on the landowners property. This is a violation of the Plaintiff eligible NPS triggered historic reviews of human environments and historic preservation plans rights under the supreme law of the land. 201. The U.S. of America under the constitution owns all waters and lands within the

territorial jurisdictions of all United States. States have rights to use such waters or lands under their jurisdictions. And, local governments may have rights if the States have given such rights of authority and management. CONTIGUOUS ZONE OF UNITED STATES For extension of contiguous zone of United States, see Proc. No. 7219, set out as a note under section 1331 of Title 43, Public Lands. 202. 36 CFR PART 800 -- PROTECTION OF HISTORIC PROPERTIES

(incorporating amendments effective August 5, 2004) Subpart A – Purposes and Participants Subpart B -- The Section 106 Process. TITLE 36 CFR 60. The National Historic Preservation Act of 1966, 80 Stat. 915, 16 U.S.C. 470 et seq., as amended. Advisory Council on Historic Preservation all were never triggered by the defendants. And, the defendants have injured the plaintiff and Kalakala efforts since 2003.
COMPLAINT-1935 MV KALAKALA - Page 57 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

203.

The defendants neglected to allow the Plaintiff and Kalakala fair and serious

planning reviews regarding national levels of eligible historic preservation and human environmental planning laws. The plaintiff and Kalakala are eligible for requesting National Contingency Plan and/or Pollution Emergency Control grant funds under the President of the United States by executive order. The Kalakala is eligible for requesting NPS and National Council of Historic Preservation review because the Kalakala has been listed on the National Register of Historic Places since 2006. 204. EPA was established on December 2, 1970 to consolidate in one agency a variety

of federal research, monitoring, standard-setting and enforcement activities to ensure environmental protection. Since its inception, EPA has been working for a cleaner, healthier environment for the American people. A number of laws serve as EPA's foundation for protecting the environment, public health and welfare, historical and cultural assets, and emergency policies to prevent pollution. The Kalakala is eligible for such PRP’s reviews from 2006 to 2012. EPA is called a regulatory agency because Congress authorizes to write regulations that explain the critical details necessary to implement environmental and historical preservation laws. In addition, a number of Presidential Executive Orders (EOs) could play a central role in the present Kalakala’s and Plaintiff emergency preventative pollution, hazard to channel, and public business safety environmental master plan. 205. The defendants’ never performed any Kalakala eligible EPA EIS historic ferry

reviews from 1992-2012. 206. Prior to 2003 the defendant forced the Kalakala doors were closed to all visitors,

which caused loss of revenues then forced bankruptcy sale of all assets while at Lake Union.
COMPLAINT-1935 MV KALAKALA - Page 58 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

207.

2003 The defendant forced the Kalakala to be sold while in Lake Union, and

forced out of Lake Union. 208. 2003-2004 the plaintiff and Kalakala were denied major repairs to Kalakala, and 3

times were denied to be move out of Lake Union by the defendants. 209. March 2004 the plaintiff was allowed to move the Kalakala to Indian Tribal

waters located at Neah Bay, WA. without defendants and PRP’s NPS and state human environmental and cultural eligible historic reviews. 210. The defendants interfered with the Plaintiff and Indian tribe on the water work

permit for painting the Kalakala while located on tribal sovereign waters at Neah Bay. This impacted the relationship with the tribe. 211. 2004 the State defendants interfered with a moorage site and property acquisition

located at Warren Konopaski property in Sequi, WA. The community meeting had a defendant representative present without the plaintiff awareness. The community was discouraged from allowing the Kalakala from being located there. 212. 2004 the defendants sued the plaintiff for simply moving the Kalakala 276 feet to

emergency safety and away from an old deteriorated abandoned former USCG dock owned by the Indian tribe. This was an emergency and the defendants refused to allow the Kalakala to be on defendants managed waters. 213. During the September 2004 the defendants conspired with the USCG, and tribal

councils and obtained a quote from Schnitzer Steel to have the Kalakala cut up. 214. During the September 2004 law suit and prior to September 1, 2004 the defendant

conspired to confiscate the Kalakala using USCG agency then sink the Kalakala within
COMPLAINT-1935 MV KALAKALA - Page 59 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

international waters. The EPA laws at the time allowed such practice, but today do not allow such practice. And defendants still conspire in 2012 landowner to sink her or cut her up. 215. September 2004 the plaintiff evicted by the Indian tribe and was force to move the

Kalakala out of Neah Bay. The Tacoma landowner contacted the Plaintiff and offered a moorage lease on his private property. The plaintiff accepted and moved the Kalakala out of Neah Bay and arrived in Tacoma, WA. at Hylebos Creek Waterway. 216. Not one triggered NPS Kalakala review was ever done by the defendant during all

the moves since 2003 to 2012. 217. NPS historic preservation contains parks such as, The National Maritime Park in

San Francisco, CA. Such historic vessels include the MSS Eureka, CSS Schooner C.A.Thayer, and 100’s of other vessels listed on the National Register of Historic Places are National Landmark vessels with national levels of significances. They have been or continue to be preserved and protected under such PRP’s reviews and federal laws to maintain or improve upon their unimpaired conditions for future generations. The NPS faithful stewardship will celebrate its 100th anniversary in 2016, and that is a “sacred trust”-says, Barack Obama 2009. The Kalakala and Peralta hull will celebrate their 77th and 85th anniversaries July 3, 2012, but have been subjected to historic review neglects 218. The defendants have allowed the Kalakala to be moved prior to a triggered NPS

review. The Kalakala is subject to being taken off of the National Register and will no longer retain the National Register of Historic Places status. 219. Prior to purchasing the Kalakala the plaintiff was involved with other rural

development projects that the defendant interfered with. The plaintiff had knowledge of a
COMPLAINT-1935 MV KALAKALA - Page 60 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

private funding program that was introduced for the Kalakala. The plaintiff completed independent economic and marketing analysis studies for the Kalakala for the demographic rural communities of Port Angeles, WA. and Sekui, WA in 2005. The plaintiff found a perfect jetty and moorage site for the Kalakala. It was to be rural development project, and the plaintiff knew that an independent analysis would be needed, so that, a private federal USDA 90% guaranteed loan could be underwritten by a local qualified bank. Such, preliminary rural analysis was completed for the Kalakala project. And, the plaintiff determined with the use of previous team partners that all criteria’s were met that allowed the plaintiff to apply for a phased $25 million lifetime federal USDA 4279 A & B B&I guaranteed loan. The loan was planned to have a phase I guarantee of 90% up to the first $5 million, a phase II guarantee of 70% for up to $10 million, and a phase III $15 million 60% federal guarantee reaching a lifetime maximum not to exceed $25 million. It was also planned to be a joint venture private for profit and nonprofit venture between plaintiff sole proprietorship (Steve Rodrigues, Rodrigues Enterprises LLC, or future BBL LLC & KAF). This would assure two USDA lifetime benefits which would result in a potential lifetime 60% guaranteed $50 million Kalakala resort and preservation development loan application. 220. Rodrigues Enterprises LLC (RE) dissolved in 2011. But, the plaintiff continued

to contribute a turnkey construction and business master plan under the new BBL LLC for the Kalakala efforts. The plaintiff and many other private team partners invested hundreds of thousands of dollars towards a supportive homeport designed to provide a shoreline resort business development for the historic Kalakala attractions. A private-public business concept was always used to develop a shared world class tourist attraction within a community.
COMPLAINT-1935 MV KALAKALA - Page 61 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

221.

The plaintiff and private investors lost all past business opportunities,

investments, and potential future investment loan opportunities after the defendant interfered with the local community PRP’s and discouraged them from allowing the Kalakala to be located on Warren Konopaski property, Rainier Property in Port Angeles, Jack Glaubert and Gerry Austin property in Port Angeles, and all Tacoma site proposals, and any future Seattle Pier 48 opportunities. 222. The Governor and defendants denied a 2010 $1.0 million earmark State Heritage

fund budget from the Governors 2011 -2012 fiscal budgets requested by the Plaintiff for an emergency fund that was necessary for the planned protection of the channel, preventative pollution of the waters, and health and safety of all the PRP’s that use the Hylebos Creek Waterway for commercial business operations. 223. The Black Ball Line LLC dba Puget Sound Navigation Company LLC replaced

RE. BBL was founded by Steve W. Rodrigues, sole owner and manager on May 2, 2011. On July 1, 2011 the BBL registered a $1.0 million SEC Private Placement Offering Memorandum to solicit and sell private investment funds for the preservation of the Kalakala. The defendants’ acts impacted the BBL private offering sales because no Seattle private accredited or unaccredited investors, philanthropists, or nonprofit PRP’s ever would see the Kalakala project as a good investment without public approvals and acceptances. 224. .

2005 defendants’ federal funding agency named Puget Sound Regional Council

(PSRC) denied a Kalakala $5 million FTA SAFTELOU and TEA-21 fund request. The defendants denied sponsoring the Kalakala project and during 1982, 2005, and 2011 denied the use of Seattle’s Pier 48 site for the Kalakala. The defendants also denied the plaintiff a
COMPLAINT-1935 MV KALAKALA - Page 62 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

member position for the Coleman Dock Seattle Waterfront 2009-2012 committee during their EIS and master plan development reviews. 225. The defendant’s mismanaged the 4 steel electric class ferries safe harbor leases.

This could become a disqualifying event, and violated the Plaintiff historic review and safe harbor lease transfer eligible rights. The defendants still has many other outstanding safe harbor leases that were sold, and they lease them back. And, the plaintiff alleges even more disqualified safe harbor leases exist today that the defendants have potential disqualified 1031 like-kind exchange transfers. 226. The defendants did not adhere to mutual historic federal laws, and intentionally

conspired to interfere with the Plaintiff’ negotiations while efforts were to gain ownership of the 4 steel electric class ferries. 227. 2008-2009 the defendants did not follow the statutes that exist for non-

competitive bidding laws. The plaintiff and KAF were denied rights of fair negotiations during the defendants’ efforts to sell the 4 steel electric class ferries. 228. 2003-2012 the defendants did not adhere to the laws of non-profit (KAF) rights.

And, denied all rights to accept an offer 20% before or even after the sale to any other private for profit company during 5 different occasions that the defendants tried to sell historic ferries; MV Quinault, MV Nisqually, MV Illahee, and MV Klickitat in the past. 229. 230. The NPS National register was founded in 1966. The FMV of the 4 steel electric class ferries was never determined by the

defendants. But, a comparative FMV could be determined by the combined remaining balances steel electric class ferries tax incentive balances due until December 31, 2014 under
COMPLAINT-1935 MV KALAKALA - Page 63 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

the existing safe harbor leases. This amounted to over $51 million of eligible tax incentives still due to be paid in full. This included interest and depreciation write offs that were sold to Meijer Inc by the defendants in 1987. Therefore, the defendants did not own the vessels in 2007 after they took the ferries out of public service. The ferries were sold Meijer Inc. And, by the defendants ignored the SAFE harbor lease laws class life of 18 years and recovery period criteria’s that made the 1031 like kind exchange transfer a disqualified transfer. Also, the nonprofit rights of making an offer and establishing a trust for allowing the KAF to accept the ownership via a safe harbor transfer would have been possible to transfer the lease without penalty to the plaintiff nonprofit KAF at the time. The Plaintiff’s KAF was denied all Tax Reform Act of 1988 safe harbor transfer negotiations or mitigations rights, and was subjected to a lack of due process by the defendants. 231. The defendants, since 2003, portrayed the Kalakala’s fate never to be a ferry.

And, as a result harmful negative media events were published within newspapers that contributed to negative public opinions for the Kalakala that prevented funding and preservation progress from 2003-2012. 232. Federal statues under 42 U.S.C. Sec 9604, 9605, (National Contingency Plan),

9606 Abatement Actions, 9607 (Liability), 9608 (Finance responsibility), and 9609 could be triggered by defendants and other PRP’s. And, the plaintiff rights have been denied since September 23, 2003, but have been especially harmed over the past 2-3 years. 233. Deprivation of Plaintiff State due process rights, and other rights under 42

U.S.C.A. Sec 1983 (2004) exist but all statutes have been ignored by defendants.

COMPLAINT-1935 MV KALAKALA - Page 64 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

234.

The defendants allowed the 4 steel electric class ferries to be purchased back,

retired, decommissioned, sold, forced out of U.S. territory, and scrapped in Ensenada, Mexico July 22, 2009(under federal like-kind 1031 tax exchange laws). The ferries should have never been allowed to leave U.S. territory by the defendants. 235. 2008-2009 Kalakala emergency historic reviews related to the plaintiff interests

in reusing the parts, hulls, and steel from the electric class ferries to restored/preserved to her unimpaired condition were denied. 236. 2008-2009 plaintiffs had rights of a Section 4(f) case study that could have

proven that preservation was clearly the kind of “feasible and prudent” alternative the Section 4(f) requires planner to find. The defendants denied and never triggered such reviews for the Kalakala, 4 steel electric class ferries, and the current retired Rhododendron. 237. Defendants have never triggered an Environmental Impact Statements (EIS),

Environmental Assessment (EA), or triggered an EA prior to any past ferry sales/purchases, tows, or any past project developments for the Kalakala or Plaintiff since 1992. 238. The defendant forced a decommission process of the 4 steel electric class ferries.

This harmed the FMV and necessary appraisals prior to decommissioning. And, ultimately caused the values to be only worth salvage values. Now, it would have cost the defendants more money to have the ferries cut up. And, it justified the reduced cost and allow the defendants to remove them from the State by sell them to scrap bidders. 239. The defendant knew that the plaintiff completed 3 years of due diligences prior

to the ferries even being considered for sale and taken out of public service.

COMPLAINT-1935 MV KALAKALA - Page 65 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

240.

November 2007 the defendant knew they invested $3.6 million into the hull of

the Quinault at Todd Shipyards just prior to mothballing the Quinault. 241. 2008 the defendants knew that the Plaintiff was planning to reuse at least one of

the steel electric class ferries. But, the plaintiff was never notified prior to or after listing them for sale on ebay. The plaintiff was hurt and due process was neglected when the defendant listed them for sale on ebay for $350,000 each, and estimated a salvage value only at $450,000 each. 242. The plaintiffs asked the defendants for a new 2008 appraisal to satisfy a current

Fair Market Value prior to decommissioning and selling the historic ferries. It was never completed, and plaintiff received this defendant response via a FOIA answer from them. 243. The Plaintiff applied for a $700,000 Save Americas Treasures (SAT) grant fund,

and were interfered with by the defendants in 2009. This was the defendants 3rd SAT Kalakala application that was perfected to succeed. The plaintiff was denied because of interferences and editing of the plaintiff NPS historic register application. Later it impacted the denials of the SAT because the application was thrown out in 2009 because the defendants denied all Kalakala’s’ worthy national levels of significances. The Defendants knew what they were doing to the Kalakala, and it resulted in more financial controls and preservation suppressions. The Plaintiff did not find out about the defendant national levels of significant denials until the NPS 2009 response and denial for the $700,000 SAT request for the Kalakala was received. 244. The Plaintiff SAT fund application stated that the 4 steel electric class ferries

were to be purchased for $300,000. Then, used for a 100% - 300% collateralized loan debt to value ration. The plaintiff then would have had sufficient assets and cash to secure a ARRA
COMPLAINT-1935 MV KALAKALA - Page 66 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

and Wells Fargo Securities guaranteed qualified bank loan for the Kalakala project. Also, as an alternative back up loan the plaintiff was ready to secure collateral that would have allowed the Plaintiff be assured a 501 ( c)(3) 100% rural business and Industry federal guaranteed ARRA qualified bank loan from the Wells Fargo Securities. This alternative was also a rural phased Kalakala development and preservation master plan, and would have gained a phased $49.5 million securities sale and loan. The SAT cash would have been used as a 1:1 cash secured bank loan phase one bank loan. Then after the ferries were paid for the loan would have proceeded to phase two amounts of $5 million etc. up to $49.5 million over a 5 year construction schedule. 245. But, the plaintiff and the KAF were denied such defendant negotiations and not

allowed to negotiate the safe harbor lease transfer to gain ownership and assume the tax incentive liabilities with Meijer Inc. The plaintiff offered to set up a trust account for the acquisition of the ferries. But, the defendant responded that the plaintiff did not have the money up front, and denied all future negotiations. 246. The NPS mission includes job creations, and fiscal budgets impacting billions of

dollars of revenues so did the Kalakala’s project. The Kalakala and 4 steel electric class ferries historic preservation project could have created jobs, attracted outside tourism dollars into the rural community, could have had future spin off primary and secondary economic impacts, and could have once again entertained over 100 million people within the plaintiff and Kalakala’s 21st Century business as a world renowned tourist attraction that remain to be the World’s last and first streamline ferry. She still can be eligible for national landmark vessel status, create more social economic, and social cultural impacts that can contribute to more than just
COMPLAINT-1935 MV KALAKALA - Page 67 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

financial impacts within the community, state, and nation. This is potentially lost because of the defendants failures to adhere to the laws that still exist today. 247. 2009 the defendants knew that the Plaintiff and KAF were rejected to negotiate

even after reducing the sale again from $300,000 cash to $200,000 cash before being allowed to exit U.S. territory. The plaintiff immediately offered cash that exceeded the % above the sales price to any other company on July 9, 2009. The plaintiff had a witness attend a meeting with the Chief of Staff who the Secretary of Transportation want him to discuss the offer. The plaintiff offered the WSDOT Chief of Staff $300,000 cash, and his comment was direct, “they are not for sale”. It was not until after July 22, 2009 that the first 2 ferries were started to exit the U.S. territory under tow. The plaintiff offered the buyer $1 million cash for only the Quinault. But, the defendant interfered and the new buyer stated, in part, “they are not for sale”. 248. March 2012 the Kalakala was evicted and is subjected to defendant conspiracies

with the landowners, Karl Anderson and other PRP’s. Who together forced the Kalakala to move without any eligible NPS historic review rights. The Kalakala must move again and requires a NPS triggered Section 106 review by defendants and other PRP’s. Today, the plaintiff and the Kalakala has accrued so many political denials, neglects, injuries abuses from the defendants ‘forceful repressions and suppressions without NPS historical and human environment reviews of “Good Faith” it has finally achieved the fate that the defendants always wanted. 249. Eviction is not within landowners or Karl Anderson’s rights, because Hylebos

Creek Waterway tidal waters are not owned by the landowner. The Kalakala is classified as a
COMPLAINT-1935 MV KALAKALA - Page 68 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

“Dead Ship” since 1967. The Kalakala has been afloat since 1998. By the “supreme laws of the land” the State laws govern the lands and water under the Kalakala while she is afloat in all of Puget Sound or Lake Union. The USCG is the lead federal agency who governs the waters the Kalakala’s moves. 250. The State officials have interfered with dry dock efforts of the Kalakala at the

landowners Concrete Technology site. The landowner, defendants, and other PRP’s should consider Plaintiff future request to take the Kalakala to the landowner’s graving/dry dock. While it is not leased or not in use by the defendants after the I-520 floating pontoon contract ends sometime in December 2014. This move could trigger the defendants and NPS Section 106. All “interested parties” can review construction, environmental mitigations, and available federal emergency funding programs eligible for the Kalakala move to safety. 251. KAF was denied state and federal rights to be allowed to own the 4 steel electric

class ferries under an eligible safe harbor lease agreement transfer. And, as an alternative was also denied 5 separate offers to purchase the 4 steel electric class ferries. 252. The defendants allowed a like-kind 1031 federal tax exchange to regain

ownership from Meijer Inc. and title of the 4 steel electric ferries. Then, used a revoked 1987 safe harbor lease back law to transfer all 4 steel electric class ferries remaining $51 million private tax incentives with projected tax incentive payments until December 31, 2014 onto the Kittitas. This does not meet the criteria to adhere within the federal law criteria and becomes a disqualifying safe harbor lease (based upon the safe harbor lease laws 26 CFR Sec 5c.168(f)(8)-9(d) and Pass through and other criteria’s).

COMPLAINT-1935 MV KALAKALA - Page 69 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

253.

The defendants also allowed the 4 steel electric class ferries to be taken out of

U.S. territory after using the federal like-kind 1031 tax exchange. By federal statutes all ferries must remain within U.S. territory after the sale and ownership transfer. They were all taken decommissioned and no longer able to be qualified as mass commuting vehicles, taken out of U.S. territory taken to Mexico, and cut up as scrap. 254. Plaintiff, the Kalakala, and 4 steel electric class ferries are allowed due process

by the supreme law of the land and defendants laws. And, reviews by all PRP’s should be granted to the Kalakala within timely efforts, so that, work delays are prevented in the future, and that the human environment, water quality, and the Kalakala preservation rights are shared with the general public. It is a terrible loss since the defendants are permitted to destroy our heritage and culture without any such historic triggered reviews. 255. Plaintiff has rights of a Section 4(f) case study can clearly identify the plaintiff

rights to be determined as “feasible and prudent” or not. The Kalakala belongs in the State, and can succeed with a public-private project at the defendants owned historic site known as Seattle’s Pier 48. The defendants destroyed the structure without NPS triggered human environmental review, and forced a demolition contract after the Plaintiff showed interest in proposing to develop a site National Landmark site for the Kalakala and BBL heritage. This damaged the Kalakala without due process historic reviews by all PRP’s. 256. Since 1992 and prior to the plaintiff in 2003 many federal and state historical

preservation and environmental water laws governed by the State of Alaska, United States of America, City of Kodiak, City of Seattle, and Port of Seattle were ignored by many public responsible parties (PPR’s), owners of the Kalakala, and the general public since the Kalakala
COMPLAINT-1935 MV KALAKALA - Page 70 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

became afloat. But, the defendants have caused irreparable harms to the Kalakala while afloat within all of State waters since 1998. 257. The Kalakala became a buried structure in Kodiak, AK in 1967 until 1998. The

Kalakala Foundation was founded in 1992, and by 1998 the Kalakala became afloat without ever filing any Shoreline or other local or State of Alaska Shoreline master plan permits. This reflected humanitarian efforts, mitigations, and respects from all the PRP’s in AK. The injuries to the plaintiff and the Kalakala did not occur until the defendants all humanitarian efforts and supreme laws of the land to continue to be used after getting to Seattle. The plaintiff would have never anticipated such harm from the defendants after his purchase. But, the State of Washington defendants now can be seen as one of the worst American maritime historic preservation States out of 35 other maritime States in the nation who have never saved one of their own historic ferries. 258. Other PRP’s include the United States Coast and United States Army Corp of

Engineers. Who are responsible for the Kalakala since afloat and leaving Kodiak, AK, City of Seattle, Port of Seattle, and other city PRP’s should have been involved with helping the defendants to adhere to the supreme laws of the land upon the Kalakala arrival in 1998. 259. 1998-2012 many humanitarian endeavors were allowed to happen by the

defendants and other PRP’s without review in the past protections of the environmental and historic endeavors of the Kalakala. This included the USCG, USACE’s, AK, City of Kodiak, many other local State of Washington PRP’s, and Tacoma landowner and Karl Anderson all together since 1998.

COMPLAINT-1935 MV KALAKALA - Page 71 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

260.

2003-2012 the defendants have subjected the public safety of the Kalakala to

harm unexpected by the plaintiff. Just like the defendants have done to others who purchased the original historic ferries in the past that were once known as the Puget Sound Navigation Company (PSNC) dba Black Ball Line. 261. The defendants have subjected many preservation hardships and challenges that

have caused many delays that have ultimately created a series of finance, grant, philanthropic, and safety suppressions that have had negative historic, social economic and social cultural impacts upon the plaintiff efforts since September 23, 2003. 262. For 7.5 years plaintiff (s) attempts failed due to multiple suppressions caused by

the defendant’s. Such defendants suppressions have ultimately continued to delay critical major works related to maintaining the Kalakala safety, denials of all past state grant and other eligible federal preservation fund requests, and seriously impacted the Kalakala from being opened to the general public that could have enabled the Kalakala to provided historic tours that would have generated substantial revenues for adequate moorage and maintenance repairs. 263. RE was invited by Karl Anderson and given a lease for moorage of the Kalakala private

September 23, 2004. The Kalakala has been and still is moored to Karl Anderson’s

property. And, the property under high water level falls under the Water Act of U.S.C.A. It is not owned by the property owner but managed by defendants. 264. The United States Army Corp of Engineer’s has management responsibilities of

the Hylebos Creek Waterway tidelands in between tides (high tide level and low tide level). The United States Coast Guard has responsibilities of managing the public safety and the Kalakala within the moorage site and waterway failed for the derelict hull that had remained at
COMPLAINT-1935 MV KALAKALA - Page 72 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

the site and subjected the Kalakala to from a floating derelict hull for 8 years that leaked diesel fuel into the waters and was assumed to come from the Kalakala. The landowner removed the derelict hull June – July 2012 and pumped over 40,000 gallons of diesel fuel from inside her tanks. Yet not a gallon of harmful petroleum products remain on board the Kalakala. The derelict leaked oil sheen onto the surface of the Hylebos water daily and it was reported by the plaintiff but was ignored by the USACE’s, USCG, and other PRP’s. 265. Tows completed without EPA reviews from the 1998 from Kodiak, AK to

Seattle Pier 66, 1999 event reflect an example of large humanitarian contributions as noble efforts for the public good. But, once rejected from the Port of Seattle’s Pier 66 and moved into Lake Union, then again in 2004 from Lake Union to Neah Bay, and again in 2004 from Neah Bay to Tacoma Hylebos Creek Waterway all United States Coast Guard (USCG) and defendants acts neglected a historic effort that deserved rights of supreme laws of the land and more righteous humanitarian\\efforts worthy of retaining the most significant ferry ever in the State of Washington. 266. Kalakala recovery works began in 1992 at the Kodiak, AK. Site, and was towed /

transported after excavations uncovered the Kalakala and allowed to float after being buried for nearly 30 years in Kodiak. Not one permit was ever needed by the City of Kodiak or other PRP’s before moving the Kalakala from her burial in Kodiak Cove. 267. The City of Kodiak and mayor showed signs of humanitarian efforts. The major

signed the title over to KA without costing a dollar. The major was cheering the KA on and screaming pull harder while the tugs were trying to break her lose from shore and get her back afloat.
COMPLAINT-1935 MV KALAKALA - Page 73 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

268.

Yet the defendant have been found to transfer all environmental liabilities onto

others, then never share the same humanitarian support or encourage other PRP’s to do the same to save one of their own pieces of history. They don’t adhere to their own laws either. But, they take a different action towards cutting up the Kalakala instead of encouraging and helping to preserve and take accountability for the Kalakala’s world class history. 269. The defendant only intentions are to have her salvaged or sunk in the future. Yet

the Kalakala always served the defendants well and still is disrespected instead of honored for all that the Kalakala has done. 270. The plaintiff tried to purchase all of the 4 steel electric ferries. But, later was

still willing to purchase only one but was still denied by the defendant to negotiate. 271. The MV Kittitas ferry did not have a sufficient adjusted fair market value basis

that justified the 4 steel electric class ferries 1031 like-kind exchange amount of $51 million transfer. 272. The MV Kittitas went to an Everett dry dock facility after the 1031 like kind

exchange was done. And, over $5 million was invested by the defendants over 1 year after the tax incentive transfer. This amount still did not bring the Kittitas new adjusted basis to a qualified for the like kind exchange, and the plaintiff alleges that the exchange is a disqualified event. 273. The defendants regained ownership of the 4 steel electric ferries that were still

under 26 CFR Sec 5c. 168(f)(8) safe harbor lease laws 274. The Plaintiff have suffered irreparable damages from the defendant’s

monopolistic management decisions and disrespecting the rights of the historic Kalakala.
COMPLAINT-1935 MV KALAKALA - Page 74 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

275.

The defendants caused the loss of the Kalakala phase I ARRA federal rural

guaranteed bank financing loan via sales of private securities in the amount of $11.5 million from Wells Fargo Bank after gaining ownership and title of the 4 steel electric class ferries. 276. 277. The defendants caused the plaintiff to lose a $49.5 million preservation loan. The defendant caused the plaintiff to lose over $162,000 site master plan soft

costs by Select Contracts and $65, 000 S333 design for both Tacoma and Port Angeles property proposal projects. 278. The Plaintiff had a third party consult feasibility study drafted by Economic

Resource Services, and all primary and secondary economic impacts were estimated and projected for the Port Angeles community. 279. The plaintiff private site selections and acquisitions were all interfered with by

the defendants. The Kalakala rural homeport master plan failed because of the defendants. The defendants continue to deny the plaintiff rights for moorage at the Settle Coleman Dock Pier 48 site location. The defendants caused interferences of the Konopaski property during a Seqiu, WA. Public PRP presentation. 280. The defendants were fully aware of the federal laws that subjected the

defendants to a disqualified event and ignored the plaintiff request for an executive, legislative, and judicial injunction to stop the steel electric class ferries from exiting U.S. territory. The defendants still allowed the 4 vessels to be towed out of U.S. territory directly to Ensenada, Mexico and cut up for scrap. 281. The Kalakala was subjected to a long series of defendant funding denials, and

the defendant controlled the preservation money and denied all rights to access any defendants
COMPLAINT-1935 MV KALAKALA - Page 75 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

funds or trigger federal emergency funds to help the Kalakala emergency pollution of public safety events between 2010-2012. 282. 283. The defendant money controls caused huge negative media events. The defendant’s impacts on the Kalakala caused many Plaintiff law suits which

are filed and will be expensive and will delay progressive improvements necessary to maintain the public safety and preservation of the Kalakala. 284. The Plaintiff has interfered by influencing other nonprofits and other

communities who have denied the Kalakala potential support and encouragements for preservation funding and potential philanthropic contributions. 285. The defendants have impacted the Kalakala historic influences and continue to

deny all national levels of historic significances. 286. The defendant has interfered with private development site owners, threatened to

strip private moorage owner’s licenses if the Kalakala sank at their docks, and refused the Kalakala to be allowed moorage on any state managed waters. This is serious because of the millions of acres of water and lands that the defendants’ control. 287. The Kalakala was denied all rights to mitigate the public safety threats and

denied all rights to use best management construction practices under the EPA regulations to complete any repairs major or minor hull deteriorations (above and below water line) while moored at Lake Union, Neah Bay, and Hylebos Creek Waterway. 288. The Kalakala is now subjected to public misperceptions as she is ready to sink.

And, the defendants have subjected the Kalakala to delays that have caused serious and imminent danger to public safety and an environmental hazard to Hylebos Creek Waterway.
COMPLAINT-1935 MV KALAKALA - Page 76 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11

The USCG and the defendants have made public statements published in new papers that if the Kalakala sinks potential economic losses for many Public Responsible Parties (PRP’s) within the Channel will exceed $20 million to all the PRP’s. Yet the Kalakala has 24 separate tanks that under daily care of water infiltration managements the water can be pumped out using small 3500 gph pumps to keep up with the flows. The hull has been sprayed in the past and protected inside the hull using a C.W. R. Grace product while under their AK. Ownership. This product has helped preserve the interior integrity of the hull. And, the frame and plate still has enough material that will prevent an emergency sinking incident from happening for years to come. It is the neglect of the landowner over the past 8 years that has caused and created harm and public safety issues.

VI. 12 13 14 15 16 17 18 19 20 21 22 23 24
WAST001-Complaint.pdf

CAUSES - Set forth by the Plaintiff alleges: 289-303

(VIOLATED CONSTITUTIONS THAT CAUSED DAMAGES AND FAILURES TO COMPLY BY NOT FOLLOWING RCW’S AND OTHER STATUETS)

289.

Defendants sold 4 steel electric class ferries to Meijer Inc. in 1987 under the Safe

Harbor Lease back laws 26 CFR Sec 5C. 168(f)(8). Balance due of combined federal tax incentives, at time of retirement December 13, 2007, was approximate $51 million. Defendants elected to use a federal like kind 1031 tax exchange to regain ownership from Meijer Inc.. Then the defendants elected to use ebay as an acceptable form of competitive bid process. And, ignored all non profit rights of the plaintiff and KAF by ignoring the plaintiff and KAF an opportunity to use 26 CFR Sec 5C. 168(f)(8)-9 Pass-through leases. And, Plaintiff was ignored to negotiate any type of a transfer via a Trust or cash purchase amount.
COMPLAINT-1935 MV KALAKALA - Page 77 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

290.

Defendants never completed a FMV appraisal for all the vessels, and by federal

and state laws are required to before sale of property. The defendants have wasted $2 billion of tax payers money in the past 20 years. The next 10 years they project to need $1billion to keep the existing ferry system operable. An injunction must be honored to stop them from destroying our State and our nations past heritage that remains to tell a story for future generations. 291. Defendants waste and mismanagement of tax payer funds after the restoration of

the MV Quinault and expenditures of $3.6 million invested by December 13, 2007 into the hull, and an estimated $5 million more needed to satisfy and assured passing USCG dry dock inspections of the hull. The MV Quinault could have lasted with only annual inspections and minimal dry dock repairs for 5 – 10 more years easily. The other 3 ferries were not required by the USCG to even go to dry dock for a 1 or 2 year period. It was stated within the Seattle Times newspaper Dec. 13, 2007 article in part, “$64 million dollars would be used to build a replacement ferry at Todd Shipyard”. But, $125 million for two or $69 million for one ferry from only one bidder. And, it also stated an alternative estimated to cost $5 million more for each steel electric class ferries for dry dock hull repairs could have allowed each ferry to continue to become fully operable for the next 20 plus years. This amounts to approximate $20 million public tax payer money vs taking all 4 out of service forever and spending $250 million to replace all 4 ferries in the future. If WSDOT maintains this for the other 18 ferries that exist it will cost federal and state tax payers in excess of $1.25 billion by the year 2050. 292. The plaintiff allege the retirement of the 4 steel electric class ferries shortly

thereafter became a long series of abuses and waste of federal and state tax payer funds and
COMPLAINT-1935 MV KALAKALA - Page 78 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

historic eligible property that could have served the KAF preservation mission for the Kalakala and future business efforts well. 293. The defendants did not own the 4 steel electric class vessels on December 13,

2007. 3 of the ferries were owned by Meijer Inc. who purchased them in 1987 under Federal and State Safe Harbor lease back laws 294. December 13, 2007 defendants mothballed all 4 steel electric class ferries

including the MV Quinault, MV Nisqually, MV Illahee, and MV Klickitat. The combined Fair Market Value (FMV) exceeded $51 million, but was sold at $200,000 without obtaining appraised values through a series of 5 different sales/purchases attempts from July 26, 2008 through July 22, 2009. 295. Use of ebay as only qualified competitive bidding process which ignored

RCW’s, lack of public newspaper advertising prior to sale, and lack of KAF being notified as non profit interested buy who had completed over 3 years of due diligence studies regarding the 4 steel electric class ferries. 296. Defendants did not notify KAF, a registered 501 (c ) (3) nonprofit corporation,

and eligible under state laws to negotiate prior to any advertisement of sale. Even though KAF had over 2 years of due diligence regarding the 4 steel electrics prior to based within various federal Safe Harbor lease back laws 26 CFR 1.168(f)(8). 297. Failure to join indispensible parties. The U.S. is an indispensible party. The

State agencies are required to prepare EIS with Section 1502 of the 40 CFR 1502 and file with EPA. The EIS of the regulation has not been completed by responsible parties nor filed with the Environmental Protection Agency (EPA) under the National Environmental Policy Act
COMPLAINT-1935 MV KALAKALA - Page 79 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

(NEPA) for environmental impact statements have been accomplished. State Environmental agencies (DNR & DOE), Fish an Wildlife Coordination Act (16 U.S.C. 661 et. Seq.), National Historic Preservation Act of 1966 and National Park Service for National Register of historic places. It is required by federal law to have an early open process that determines full scope of Kalakala issues related to complete a full environmental impact assessment with all interested parties and public prior both where she is today in Hylebos waterway and where her next destination shall be for the next move. The state and lead federal agencies shall publish a notice of intent (Sec. 40 CFR 1508.22) and invite the affected federal, state, local agencies, proponents of the action, and other interested persons. Lead agency may give notice in accordance with 40 CFR 1506.6. And, to date the USCG and State did not give such notice. No mitigation of adverse historic or human environmental impacts have been determined (40 CFR 1508.20). 298. No Human Environment, meaning economic and social, effects have been

determined (40 CFR 1508.14 or 1508.4). And, no public involvement. No findings of no significant impact (40 CFR 1508.13). 299. No draft statement available within congressional committee hearings and

deliberations regarding WSF compliance under RCW’S. 300. No State National Pollutant Discharge Elimination system (NPDES) permit

review PRIOR to past forced moves. 301. No EIS for findings of collectively significant actions have taken place under the

supreme law of the land (40 CFR 1502.22). Nor was ever circulated by State to all other federal, state, or local agencies (40 CFR 1502.19).
COMPLAINT-1935 MV KALAKALA - Page 80 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

302.

The Kalakala never had hull insurance the day it departed from Kodiak, AK. In

September 1998. The Kalakala was denied by State to depart from Seattle three times. The Kalakala Foundation was established in 1992, filed bankruptcy in 2003, and sold the Kalakala to Steve W. Rodrigues. The Kalakala should have never been forced to leave or be towed from Lake Union in Seattle without many other state and federal agencies environmental impact reviews. Defendants have failed to still review historic and environmental regulatory policies already in place that would have prevented such a 2011 Kalakala incident from ever happening. All cleanup, major hull repairs, and safety issues should have been done before leaving Kodiak, AK, and the day she arrived a public comment in the news paper stated, in part, “she looks worn out”. The Plaintiff have found major hull damage that has required major structural repairs since 1998. They were never repaired in Kodiak, AK. And, defendants never allow major works permit and stated all major works shall be completed at a shipyard. That was never a feasible alternative. 303. The defendant has been meeting secretly with, and without transparency, many

state regulatory agencies and their representative authorities. The plaintiff’s private matters related to Kalakala and certain premises have been interfered with illegally and unjustly by State of Washington.

VII.

CLAIM FOR RELIEF- Set forth by the Plaintiff alleges: 304-321

COMPLAINT-1935 MV KALAKALA - Page 81 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

304.

We pray for an injunction against the defendants to stop the Kalakala from a

forced move, be confiscated, or forced to be sold or sunk by the defendants who together have conspired against the Plaintiff. 305. We pray for relief for a triggered NPS, Councils, and PRP responsible review in

this matter prior to such a future move. 306. We pray that the Kalakala never loses her historic registration within the NPS

National Register of Historic Places. 307. We pray for the State to trigger a federal Advisory Council on Historic

Preservation national review and request permissions for moving the Kalakala in accord with then Advisory Council procedures within a MOU, and in accord with its procedures (36 CFR Part 800), and the National Historic Preservation Act of 1966, 80 Stat. 915, 16 U.S.C. 470 et seq., as amended. 308. We pray to recover the Plaintiff loss of a $700,000 2009 NPS SAT grant, and

additional losses of a $10.8 million leveraged bank amount due to the State denials of not being listed with national levels of significances. 309. The defendants’ acts of "Bad Faith" affected the Plaintiff’ losses of the Quinault

hull and 3 other ferries assets worth $51 million. They were sold for $200,000 without NPS section 106 historic and other civil rights reviews. We pray to recover such fair amounts to be decided by a 12 person jury and judge. We expect to pray for the full amount of $49.5 million for the Plaintiff’ losses for reconstruction costs and bank loans lost to restore the Kalakala, and we pray for $100 million loss minimum for equivalent FMV resale, after the Kalakala is

COMPLAINT-1935 MV KALAKALA - Page 82 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

restored and appraised, as an operable mass commuting vehicle that can be used as a world class entertainment and historic tourist attraction. 310. The Plaintiff pray defendants’ to be "faithful good stewards", and trigger all

environmental and historical federal and state PRP's, so that, state and federal funds and programs can be reviewed with the Governor and President for both short term emergency and long term emergency public safety, ferry repairs and maintenance, and future move and dry dock costs at Concrete Technology graving dock for the 1935 MV Kalakala. 311. We pray that the President of the United States adheres to his own promise as a

faithful stewardship of our nations "Sacred Trust". He eliminated SAT, but we ask no jurisdictional procedures to use National Contingency plan with a maritime lien against the Plaintiff for all such planned emergency funds necessary under Section 106. 312. The Plaintiff prays that USCG triggers all future local PRP's within Hylebos

Creek Waterway and future selected home port site related to the Kalakala's environmental, historical, and cultural protections, and to help develop PRP review effort that assures the Kalakala and hull are no longer a hazard to the channel. That the defendants communicate with the Plaintiff, not just Karl Anderson, but to bring together all "interested parties", including the city of Tacoma historic preservation council, Nat'l. Council on Historic Preservation or others to adhere to all existing federal and state laws and not to disregard the eligible NPS NRHP reviews. 313. The Plaintiff pray for the non-profit Plaintiff’ rights and to have defendants

violations and illegal uses of the State policy and reforms implemented against defendant

COMPLAINT-1935 MV KALAKALA - Page 83 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

political policies and statutes to protect the Kalakala and 18 other future ferries that may become eligible for historic preservation by 2053. 314. The Plaintiff pray for a full PRP team to be assembled by federal and private

parties to assure all scheduled necessary acts are completed per PRP's input, and all work permit certifications allow mitigations to restore/preserve the Kalakala's unimpaired historic superstructure condition for future generations on the water and at dry dock using EPA best management practices (like all other 35 maritime States do without a State required work permit). 315. The Plaintiff pray that the defendants recognize a full private restoration

business plan for the Kalakala existed prior to 2007-2010 SAT denials. Construction preservation/restoration costs $49.5 million; new appraisal shall exceed $150 million. Therefore, we pray that the jury and judge determine the recovery of future return on investments (ROI) lost. And, our lost annual future revenues would have generated the investors and the nonprofit foundation Kalakala perpetual trust fund deposits of an projected $5 million to $8 million per year. Such business operations annual profits were all viable since 2007 and projected over 20 years. This we pray that the jury allows a fair true loss analysis be reviewed for the impacts caused by the defendants illegal acts against the Plaintiff rights from 2007-2027. For this damage we pray for a minimum amount of $100 million. The facts related to loss of federal ARRA and USDA guaranteed qualified bank preservation loans would have completed the Kalakala full preservation project by 2007. 316. We pray for damages pursuant to 42 U.S.C. section 1983 and sec 1988,

including any other award of punitive damages, costs, and attorney’s fees.
COMPLAINT-1935 MV KALAKALA - Page 84 of 87 Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

WAST001-Complaint.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

317.

For future losses of pre-sale of a Kalakala book, documentary film rights and

royalties we pray $250,000. And, we pray for all third parties legal laws suits suffered against the Plaintiff. And, landowner conspiracy's with Tacoma Pro Bono attorney to be determined by jury and judge. 318. We pray for losses related to a phased SEC $1 million, $5 million, $10 million,

and $25 million Private Placement Offering Memorandum during 2011-2015 private fund raise. This impacted the loss of private land acquisitions, loss of future business profits, and loss of cash contributions and other equivalent in-kind gifts for projected 15 years. For this we pray to allow this impact to enter into the jury and judges decisions for a fair and balanced award that does not double any compensatory damages above. 319. We pray for loss of Plaintiffs’ nonprofit construction dollar loan deposits interest

gains in the amount of $600,000 as quoted from American express points base business account over a 24 month construction schedule and expenditures for contracts of $50 million on deposit from loans or grant funds etc. 320. We pray for any and all other past public-private joint ventures and future

business plan and site developments losses within the City of Port Angeles, City of Seattle, City of Tacoma, Warren Konopaski, and City of Everett properties.

COMPLAINT-1935 MV KALAKALA - Page 85 of 87

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6

321.

We pray for any intangible heritage, cultural, social, and other past and future

human economic estimated project losses that would have become a part of the future 21st century Kalakala projects. We pray for jury and judge fair compensatory damages on behalf of all plaintiff prayers above that are included but subjected to by the defendants during the trial of this case.

Dated: July 23, 2012 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
COMPLAINT-1935 MV KALAKALA - Page 86 of 87

By

_______________ Plaintiff Steve Rodrigues PO Box 803 Tacoma, Washington 98401 (206)234-2045

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

1 2 3 4 5 6 7 8 9 10 Olympia, WA. 11 12 13 14 State of Washington: Attorney General’s Office

CERTIFICATE OF SERVICE

I certify under penalty of perjury under the laws of the State of Washington that, on the date stated below, I did the following: On the 23th day of July, 2012, I hand-delivered a copy of the foregoing COMPLAINT to the following addresses;

Dated this 23th day of July, 2012 in Olympia, Washington. 15 16 17 18 19 20 21 22
COMPLAINT-1935 MV KALAKALA - Page 87 of 87

_____________________________ Plaintiff Steve W. Rodrigues PO Box 803 Tacoma, Washington 98401 (206)234 2045

23 24
WAST001-Complaint.pdf

Steve W. Rodrigues PO Box 803 Tacoma, WA 98401 PH (206) 234-2045

Sign up to vote on this title
UsefulNot useful