IN THE CHANCERY COURT OF HAMILTON COUNTY, TENNESSEE

FOR THE ELEVENTH JUDICIAL DISTRICT AT CHATTANOOGA

STATE OF TENNESSEE, ex rel. HERBERT )

H. SLATERY III, Attorney General and )
Reporter, )

Plaintiff, )

v. ) Case No. — 37
AUBURNMOST PROPERTY, LLC, a )

Michigan limited liability company, d/ b/ a )

AUBURN HILLS MOBILE HOME PARK, )
Pa-
AUBURN MOBILE HOME PARK, )
AUBURN MHP, and AUBURN HILLS )
MHP, and AUBURNMOST HOMES, LLC, )
a Michigan limited liability company, )

and )

STEVEN HOWARD WEST, KIMBERLY )

GAIL WEST, LOGAN JACOBSON MOST, )
a/ k/ a LOGAN JACOBSON WEISS, a/ k/ a )
LOGAN WEISS, and RONALD KEITH )
WEISS, all individually, and all d/ b/ a )
AUBURNMOST PROPERTY, LLC, )
and AUBURNMOST HOMES, LLC, )

Defendants. )

CIVIL LAW ENFORCEMENT COMPLAINT

FOR TEMPORARY RESTRAINING ORDER WITH ASSET FREEZE,
PRELIMINARY AND PERMANENT INJUNCTION, LIMITED RECEIVERSHIP,
AND OTHER EQUITABLE AND STATUTORY RELIEF

This civil law enforcement action seeks to halt the widespread deception, abuse, and

harassment of consumers residing in the Auburn Hills neighborhood of Ooltewah, Tennessee, by

the owners and operators of this manufactured housing community. Defendants have subjected

the residents of Auburn Hills to years of verbal, emotional, and financial abuse, and in at least

20 JUN - 6 AN 9: 34
FILED
HAMILTON CO CLERK & PIASTER
one instance, physical abuse. Defendants have deprived and continue to deprive the residents of

Auburn I tills of basic needs and disregard their fundamental human rights. Defendants shout and

curse at the residents, terrorize them daily with incessant patrolling. display weapons to them,

repeatedly fine them ( in cash), threaten to call the police or immigration authorities, and extort

significant amounts of money or property from them, while depriving them of basic life

necessities such as adequate shelter and peace of mind. Most of the residents of Auburn Hills are

very vulnerable, speak little English. have little money. and are unable to defend themselves

from these atrocities. But they are human beings, and good humble people at that, who deserve a

safe and decent place to call home.

The Auburn Hills residents recently suffered devastating destruction of property —and the

loss of one of their neighbors —in the Easter Sunday EF3 tornado that tore through the

Chattanooga area on March 13, 2020. One victim of the tornado, Mr. Jose Azarte, was crushed to

death after a large tree fell on his home while he was inside. His Auburn Hills neighbors

comforted him during his final moments of life. But instead of rushing to help these residents

and make sure everyone was safe and had food, clothing, and shelter, Defendants saw an

opportunity for profiteering and decided to turn up the heat. Defendants Steve and Kim West,

who served as the local managers of Auburn Hills and local representatives of the its owners and

operators in Michigan, hoarded $ 60, 000 dollars of emergency relief that had been donated to the

residents of Auburn Hill, keeping it for themselves. It took a week before thi, relief finally made

its way to the residents of Auburn Hills, and then only at the hands of the Hamilton County

Sheriff' s Office, who seized it, distributed it, and arrested the Wests for $60, 000 worth of felony

theft. But the Wests were undeterred. To them, it was simply " a big misunderstanding." As soon

as they posted hail, the Wests were hack to business as usual. But this time Kim West demanded

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that Auburn Hill residents, under threat of eviction, agree to sign documents falsely attesting to
the Wests' good character and contirming that the Wests had indeed distributed all the

emergency relief that they needed. Kim West was arrested again. this time for felony witness

coercion. Despite the Wests' arrests and multiple pleas for help from the residents of Auburn

Hills directly to its Michigan owners and operators, Defendants turned a blind eye and publicly
confirmed that the Wests would remain in charge.

As set forth in this complaint, the Easter Sunday tornado and the resulting arrests of the
Wests finally exposed a world of extortion, terror, and abuse that the residents of Auburn Hills

have endured for years. And the multitudes of abuses perpetrated by these Defendants against the

Auburn Hill residents translate into multitudes of violations of state and federal consumer

protection laws. They also demonstrate that Defendants have no intention of stopping their

unlawful conduct. Most recently, Defendants have announced the plan to bulldoze 21 homes in

Auburn Hills on the morning of June 6, 2020, despite the lack of adequate notice to the residents

or orders of eviction from any court. The Attorney General and Reporter of the State of

Tennessee therefore brings this civil law enforcement proceeding to put an immediate halt to

Defendants' violations of the law and help restore some modicum of decency to the operation of

Auburn Hills and the treatment of its residents.

The State of Tennessee, by and through Herbert H. Slatery III, its Attorney General and

Reporter, brings this action pursuant to his enforcement powers under the Tennessee Consumer

Protection Act of 1977, Tenn. Code Ann. §§ 47- 18- 101 to - 131 ( TCPA). The State brings this

action to obtain temporary and permanent injunctive relief, reformation and rescission of

contracts, restitution for injured consumers, civil penalties, and other injunctive and equitable

relief for Defendants' violations of the TCPA. Defendants have ill- gotten gains through their

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repeated and continuous exploitation of this vulnerable group of Auburn Hills residents. And

despite the recent public scrutiny of Defendants' misconduct including the criminal arrests of

Defendants Steve and Kim West, nothing has changed. Nothing will change. Absent immediate

intervention by this Court, Defendants plan to demolish 21 homes on the morning of June 6 and

will continue to harm the public. reap unjust gains, and remain accountable to no one, let alone

the victims of their scheme. Simply put, Defendants must be stopped.

I. JURISDICTION AND VENUE

1. This Court has subject matter jurisdiction under Tennessee Code Annotated § 47-

18- 108( a).

2. Venue is proper in Hamilton County under Tennessee Code Annotated § 47- 18-

108( a)( 4) because the county where most of the unfair, deceptive, and misleading acts and

practices have taken place, and it is one of the counties where Defendants conduct, transact, or

have conducted and transacted business.

3. This Court has personal jurisdiction of all the Defendants because, as more fully

set forth in this Complaint, they reside in Tennessee, conduct or transact business in Tennessee,

or both. Fhe majority of the alleged unfair. deceptive, misleading, or abusive acts or practices

alleged in this Complaint took place in or were directed into Tennessee by all Defendants. In

addition, most of the consumer victims of such unfair, deceptive, misleading, or abusive acts or

practices reside in Tennessee. Tenn. Code Ann. §§ 20-2- 202, -222, - 223, and - 225.

I. THE PARTIES

A. Plaintiff

4. Plaintiff STATE OF TENNESSEE is one of fifty sovereign states of the United

States. Herbert H. Slatery 111 is the Attorney General and Reporter of the State of Tennessee and

4
has been duly appointed to serve as Attorney General by the Tennessee Supreme Court. "I" his

proceeding is brought by the State of Tennessee in its sovereign capacity by and through the

Attorney General.

5. The Attorney General is authorized under Tenn. Code Ann. § 47- 18- 108( a)( 1) to

bring an action in the name of the State against any person he has reason to believe has violated,

is violating, or, based upon information received from another law enforcement agency, is about

to violate the TCPA, and to restrain such violation by temporary restraining order, preliminary,

or permanent injunction.

6. The Attorney General has reason to believe that Defendants have engaged in, are

engaged in, and are about to engage in acts or practices declared to be unlaw ful by the TCPA in

their operation of a residential manufactured housing community, and that this proceeding is in

the public interest. Tenn. Code Ann. § 47- 18- 108( a)( 1).

7. The Attorney General has determined, pursuant to Tenn. Code Ann. § 47- 18-

108( a)( 2), that the purposes of the TCPA would be substantially impaired by providing the ten-

day notice of the Attorney General' s intention to initiate legal proceedings against Defendants.

8. The Attorney General has further determined, pursuant to Tenn. Code Ann. § 47-

18- 108( a)( 3), that the purposes of the TCPA would be substantially impaired by requiring the

Director of the Division of Consumer Affairs to fulfill the requirements of Tenn. Code Ann.

47- 18- 5002( 2).

9. This Complaint is filed concurrently- with ( 1) Plaintiff' s Ex Parte Motion for

Temporary Restraining Order, Asset Freeze, Appointment of a Temporary Receiver, and for

Preliminary Injunction; ( 2) Plaintiff' s Ex Parte Recommendation for Temporary Receiver: ( 3)

Certification of Counsel under "l' enn. R. Civ. P. 65. 04 in Support of Ex Parte Motion: ( 4)

5
Proposed] Ex Parte Temporary Restraining Order with Asset Freeze, Appointment of a

Receiver and Other Equitable Relief and Order Setting Preliminary Injunction Hearing; and all

supporting evidence and exhibits.

B. Defendants

1. Defendant AUBURNMOST PROPERTY, LLC (AuburnMost Property) is a

Michigan limited liability company with a principal business address of 38505 Woodward

Avenue. Suite 250. Bloomfield Hills, Michigan 47304- 5095. AuburnMost Property was formed

by Defendant Logan Most on March 31, 2015, who is one oftwo of its owners and operators,

together with Defendant Ronald Weiss. It is registered with the Tennessee Secretary of State to

do business in Tennessee as a foreign limited liability company and can be served through its

Tennessee registered agent. AuburnMost Property does business in Tennessee under the assumed

names Auburn Hills Mobile Home Park, Auburn Mobile Home Park, Auburn MHP, and Auburn

Hills MHP. Logan Most has consistently served as its Michigan registered agent since its

formation. Logan Most and Ronald Weiss formed AuburnMost Property for the purpose of

acquiring, owning and operating the Auburn Hills Mobile Home Park ( Auburn Hills). Auburn

Hills is located at 9001 Bill Reed Road, Ooltewah, Tennessee 37363.

2. Defendant AUBURNMOST HOMES, LLC (AuburnMost Homes) is a Michigan

limited liability company with a principal business address of 38505 Woodward Avenue, Suite

250, Bloomfield Michigan 48304- 5095. It is registered to do business in Tennessee as a foreign

limited liability company with the Tennessee Secretary of State. AuburnMost Homes is engaged

in the business of selling older manufactured homes within Auburn Hills. AuburnMost Homes is

owned and operated by Defendants Logan Most and Ronald Weiss.

3. Defendant STEVEN HOWARD WEST ( Steve West) is an individual and resident

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of the state of Tennessee, residing at 5556 Nations Road, Ooltewah, Tennessee 37363- 6944. He

is one of the local managers of Auburn Hills MHP. At all material times, Steve West has served

as an operator and agent of Auburnmost Property, Auburnmost Homes, and Auburn Hills, and

has actively participated in the day- to-day operations and activities conduct of these companies.

In connection with the matters alleged in this Complaint, Steve West, acting alone or in concert

with others, has formulated, directed, controlled, had the authority to control, or participated in

the acts and practices of AuburnMost Property, AuburnMost Homes, and Auburn Hills,

including the unlawful acts and practices alleged in this Complaint.

4. Defendant KIMBERLY GAIL WEST (Kim West) is an individual and resident of

the state of Tennessee, residing at 5556 Nations Road, Ooltewah, Tennessee 37363- 6944. She is

one of the local managers of Auburn Hills. At all material times, Kim West has served as an

owner, operator, or officer of Auburnmost Property, Auburnmost Homes, or Auburn Hills MHP,

and has actively participated in the day- to-day conduct of these companies. In connection with

the matters alleged in this Complaint, Steve West, acting alone or in concert with others, has

formulated, directed, controlled, had the authority to control, or participated in the acts and

practices of AuburnMost Property, AuburnMost Homes, and Auburn Hills MHP, including the

unlawful acts and practices alleged in this Complaint.

5. Defendant LOGAN JACOBSON MOST a/ k/ a LOGAN JACOBSON WEISS,

a/ k/ a LOGAN WEISS ( Logan Most) is an individual and resident of the state of Michigan,

residing at 2358 Ferndale Street, Sylvan Lake, Michigan 48320- 1616. She is one of the two

primary owners, operators, members, and managers of AuburnMost Property and AuburnMost

Homes. and supervises and oversees their operations of Auburn Hills. At all material times.

Logan Most has been actively involved in the day- to- day operations of AuburnMost Property

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and AuburnMost Homes. In connection with the matters alleged in this Complaint, Logan Most,

acting alone or in concert with others, has formulated, directed, controlled, had the authority to

control, or participated in the acts and practices of AuburnMost Property, AuburnMost Homes,

Auburn Hills MHP, Steve West, and Kim West, including the unlawful acts and practices alleged

in this Complaint.

6. Defendant RONALD KEITH WEISS ( Ronald Weiss) is an individual and

resident of the state of Michigan, residing at 6015 Snowshoe Circle, Bloomfield Hills, Michigan

48301- 1954. He is one of the two primary owners, operators, members, and managers of

AuburnMost Property and AuburnMost Homes, and supervises and oversees their operations of

Auburn Hills. At all material times, Logan Most has been actively involved in the day- to- day

operations of AuburnMost Property and AubumMost Homes. In connection with the matters

alleged in this Complaint, Logan Most, acting alone or in concert with others, has formulated,

directed, controlled, had the authority to control, or participated in the acts and practices of

AuburnMost Property, AuburnMost Homes, Auburn Hills MHP, Steve West, and Kim West,

including the unlawful acts and practices alleged in this Complaint.

III. COMMON ENTERPRISE

7. At all material times, Defendants, individually and together, have operated as a

common enterprise while engaging in the unfair. deceptive and abusive acts and practices and

other violations of the law alleged in this Complaint. Defendants have conducted such alleged

acts and practices through an interrelated network ofentities, affiliates, and aliases that have

common or shared owners, employees, executives, independent contractors, addresses,

advertising, logos, business practices, legal counsel, offices, telecommunication providers, and

website administrators, and have so comingled funds and assets in conducting the unfair and

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deceptive acts and practices described in this Complaint, that each of them is jointly and

severally liable for the unfair and deceptive acts and practices and violations of the law alleged in

this Complaint.

IV. GENERAL FACTUAL ALLEGATIONS

8. Manufactured homes, commonly known as " mobile homes," are a type of factory -

built housing. These homes were originally a product of the automobile industry in the 1930s.

9. Flexibility and affordability have made manufactured homes an appealing

alternative to " site -built" homes.

10. Before the 1970s, the manufactured housing industry was largely unregulated.

Many injuries and deaths were tied to improper construction of these homes. In response to these

problems, Congress directed the United States Department of Housing and Urban Development

to create safety standards regarding construction and installation of manufactured homes.

11. Since the implementation of these safety standards, there have been growing

legislative efforts to regulate manufactured home " parks" because of the inequitable landlord -

tenant relationship that exists between manufactured home owners (or lessees) and the owners of

the park. Residential landlord -tenant statutes are unable to adequately address the leasehold

relationships in a manufactured home community due to the semi -permanent nature of the

manufactured homes themselves and the extraordinary costs associated with transporting a

manufactured home into or out of a community.

12. Manufactured homes can be the private property of the consumer or the " park

owner" or " landlord" who leases spaces on his or her land to owners of manufactured homes.

While many consumer owners of manufactured homes own their homes, they typically do not

own the land or " lot" to which their manufactured home is affixed. Therefore, manufactured

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homeowners may have to make monthly lease payments in order to keep their home in a park,

but usually have no ownership rights in the land. This arrangement creates a legal quagmire

because manufactured home owners typically do not enjoy the real property rights afforded to

owners of a site -built home, but yield substantial control of their use of their manufactured home

to the owners and operators of the manufactured home park. Scholars have observed that this

arrangement leaves homeowners with little to no protections —landlord -tenant law is often

difficult or impossible to apply.

13. Manufactured home communities run the gamut of livability. Some high -end

communities enjoy luxurious homes and amenities that rival many high end residential

communities. On the other end of the spectrum are the communities that target especially

vulnerable consumers and exploit every available means to extract money from people who are

least able to afford it. This case deals with this latter category of community and consumer where

such vulnerable tenants are regularly often confronted with excessive rent, poor park

management, excessive policing and fining. exploitation, and self d

- ealing. But for these

residents, moving is not so simple. Restrictive city ordinances and reticent park owners make it

difficult for owners to relocate their manufactured homes, forcing many to abandon their homes

to the park owner because they cannot afford the cost of transporting their homes to a new

community —manufactured home typically costs in excess of $10. 000. Most residents are unable

to pay this exorbitant cost and must either resolve their issues with the landlord or simply

abandon their home.

I4. Unlike site -built homes, which are always considered real property, manufactured

homes can be classified as either personal or real property depending on the circumstances. In

the state of Tennessee, manufactured homes are typically considered personal property. While

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manufactured homeowners that also own the land on which the home sits may take certain steps

to classify their home as real property, manufactured homes are generally treated like other

personal property ( i. e.. automobiles).

15. All in all, nearly twenty million Americans live in manufactured homes,

occupying around seven million of the eight million manufactured homes in the United States.

Many of these twenty million Americans are in precarious living situations, facing financial

pressures unknown to other homeowners. and constantly living in fear of violent weather —like

the Easter Sunday tornadoes —as manufactured homes are less resilient in high winds and

extreme weather situations.

16. l'he financing options for manufactured homes are equally unfamiliar to the

majority of homeowners. Manufactured -home dealers often have arrangements with lenders to

provide specialty financing for consumer purchasing new manufactured homes. Far fewer

options exist for consumers seeking to purchase existing manufactured homes from another

owner. These options are at their minimum when the manufactured home is located in a park

rather than affixed to land owned by the homeowner. For these reasons, as well as others,

consumers often face great difficulty in selling a manufactured home for more than a fraction of

the purchase price ( which is often inflated above the home' s value at the initial purchase).

17. These precarious financial arrangements can put consumers in the vulnerable

position of facing unilateral rent increases on the land owned by the park owner.

18. In the state of Tennessee, ownership of manufactured homes is governed under

the same rules that apply to automobiles. In fact, manufactured homes are typically associated

with a certificate of title to the home. just like an automobile owner would have a certificate of

title associated with his or her vehicle. While legal avenues exist for classifying manufactured

11
homes as affixed to real property. a homeowner can only utilize those laws if he or she owns

both the manufactured home and the land upon which the home sits. See Tenn. Code Ann. § 55-

3- 128.

19. Unless a particular manufactured home has been classified as affixed to real

property, such manufactured home is treated as personal property under Tennessee law.

IV. SPECIFIC FACTUAL ALLEGATIONS

A. Auburn Hills Mobile Home Park.

20. Auburn Hills MHP was developed in the mid- 1970' s as a manufactured home

community. It is located at 9001 Bill Reed Road, Ooltewah, Tennessee 37363. It currently has

116 lots upon which mobile homes may be sited, by anchoring them to a foundation.

21. Defendants AuburnMost Homes, AuburnMost Property, Logan Most, and Ronald

Weiss ( collectively the AuburnMost Defendants) are part of a family -owned and operated

Michigan conglomerate that owns and operates manufactured home communities throughout the

country. Many of the properties owned by the AuburnMost Defendants are decades old; some

are in distress and some, like Auburn Hills, were purchased through foreclosure. Many of the

residents at the properties of the AuburnMost Defendants are poor, humble, immigrant families

with children, with limited means and limited language skills. The AuburnMost Defendants

specialize in managing these types of communities and their vulnerable residents using strong

arm tactics and showing little mercy or compassion for the residents.

22. During the last two decades, Logan Most, Ronald Weiss, and their family, directly

and through various Michigan, Illinois and Tennessee entities, have been involved in varying

degrees with Auburn Hills, serving as its owners, operators, officers, directors, managers or

agents.

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 23. In 2011 Auburn Hills MHP went into foreclosure while it was under the

ownership of Auburn I lilts MI-IP, LLC. At this time it is not known whether the AuburnMost

Defendants were involved in this prior ownership roles of Auburn Hills.

24. On March 25, 2015, Logan Most formed AuburnMost Homes, LLC as a

Michigan limited liability company for the purpose of acquiring the titles to all of the

approximately 40 mobile homes that were located within the Auburn Hills and had been

previously titled to Auburn Hills MHP, LLC. Logan Most and Ronald Weiss have consistently

served the only owners and operators of AuburnMost Homes since its inception and continue to

serve in those roles today.

25. On March 31, 2015, Logan Most formed AuburnMost Property as a Michigan

limited liability company for the purpose of acquiring the Auburn hills, which had been

previously been owned by Auburn Hills MHP, LLC and was being sold as a foreclosed property.

Logan Most and Ronald Weiss have consistently served the owners and operators of

AuburnMost Property since its inception and continue to serve in those roles today.

26. In May 2015, under Logan Most' s and Ronald Weiss' supervision and direction,

AuburnMost Property purchased Auburn Hills through a foreclosure deed for $2. 8 million,

which at the time was considered a bargain price. Since that time, Logan Most and Ronald Weiss

have consistently served the owners, operators, officers. and managers AuburnMost Property,

AuburnMost Homes, and Auburn Hills, and have actively participated in the affairs of those

entities since that time. Certain members of their family, using various Michigan. Illinois and

Tennessee entities have periodically served as agents, owners, or operators of Auburns Hills

MHP during this time.

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 27. In May 2015, under Logan Most' s and Ronald Weiss' supervision and direction,

AuburnMost Property purchased Auburn Hills out of foreclosure for $ 2. 8 million, which was

considered a low price. Logan Most has consistently served as the owner and operator of

AuburnMost Property and Auburn Hills MHP since that time. Certain members of her family,

using various Michigan. Illinois and Tennessee entities have periodically served as agents,

owners, or operators of Auburns Hills MHP during this time.

28. At the time that the AuburnMost Defendants purchased Auburn Hills. MI IP in

2015, the park had two long- time, on -site managers —Defendants Steven and Kimberly West

the Wests). The Wests had been involved with managing Auburn Hills MHP for years; they

were well known in the Chattanooga area, including to the Hamilton County Sheriff' s Office.

The Wests were also well known to the AubumMost Defendants, who were fully aware of their

background with law enforcement and their reputation for abuse of others, especially the

residents at Auburn Hills MHP. From the AuburnMost Defendants' standpoint, the Wests' strong

abusive tendencies made them the perfect candidates for this financially distressed community.

The AuburnMost Defendants decided to continue their employment.

29. The AuburnMost Defendants and the Wests have created a neighborhood of terror

by which they seek to control even mundane aspects of the lives of Auburn I lilts MHP' s

residents. Most of the residents of Auburn I lilts do not speak English as a first language and have

difficulty understanding even basic English documents. The AuburnMost Defendants and the

Wests have taken advantage of these consumers' language barrier and exploit their immigration

status to exact compliance with demands that go so far beyond the bounds of the law that they

beggar belief. Many residents of Auburn I ' ills have suffered under the AuburnMost Defendants'

and Wests abusive management tactics for years.

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 B. The Deadly Tornado and the Outpouring of Donations

30. On Easter Sundae. April 12, 2020, a deadly EF- 3 tornado tore through

Chattanooga before striking the town ofOoltewah. Auburn ! tills suffered a direct hit. As a result

of this tornado, most of the manufactured homes in this community were damaged or destroyed.

One resident of Auburn Hills, Mr. Jose Arzate, was killed by the tornado after a tree fell on his

home and crushed him to death.

31. In the days after this tornado outbreak, local businesses. non -profits, churches.

and kind- hearted citizens hurriedly donated emergency and medical supplies to the Auburn hills

residents. including bottled water, food, diapers, sleeping bags, blankets, generators, tools,

cleaning supplies. and other personal and medical items. But most of these badly needed supplies

did not make their way to the residents that needed them. Instead, spotting another money-

making opportunity at the expense of their tenants, Steven and Kimberly West decided to hoard

all of the hundreds, if not thousands of donated supplies for themselves, hiding everything out of

the sight of their residents, in the back of the Auburn I fills office, and even drilling the outside

door shut. This single incident of unfettered greed finally exposed to the public what Auburn

Hills tenants have been suffering for years —a course of abuse and exploitation by all Defendants

that is almost too outrageous to believe has been happening in a forgotten community in the

Volunteer State.

Whcn word tirst got out about the death and devastation at Auburn Hills MHP,

many nonprofit organizations, local businesses and relief workers called the Auburn Hills Office

about coming to the Park to make donations. The Wests were eager to receive the offered relief,

and all donations with open arms. For example, Kim West told the local representative of the

national disaster relief organization Men and Women of Action words to the effect of "Yes, yes,

15
we do need help cleaning up!" and invited them to the park)

33. Over the ensuing days, the Chattanooga community exemplified why Tennessee

is called the Volunteer State. For example, the local Home Depot donated five brand new 900 hp

generators, still in their original shrink- wrapped packing, to the Auburn Hills MHP residents.

Other generous donors included the American Red Cross, Grace Baptist Church, Venue Church,

Redemption Point Church, and Loews. 2 The Wests directed Home Depot to deposit the

generators in the back of their offices in a vacant building. Donations continued to pour in from

the Red Cross, The Ooltewah Methodist Church, Tennessee United, and many others too

numerous to mention.

34. The Auburn Hills MHP office and an adjoining building quickly became filled

with all sorts of supplies, including American Red Cross relief bags, canned food, cleaning kits,

tools, cleaning equipment and products, rakes, shovels, trash bags, buckets, diaper packages,

clothing —virtually anything and everything that a community as devastated as Auburn Hills

would need. In total, at least $ 60, 000 worth of supplies. But something was wrong. Supplies and

relief continued to pour into the Auburn Hills MHP office and building, but nothing seemed to

be leaving those buildings. Nothing was making its way to the residents.

C. Defendants' Theft of Relief Donations Intended for Auburn II ills Residents

35. Following the devastating Easter Sunday tornado, relief workers, volunteers,

I See M. Steve Dec. ¶ 5, Vol. IV, p. 87. ( The Compendium consists of seven volumes of exhibits.
Each citation to the Compendium shall refer to the volume " Vol." and respective page number " p._". Due
to the urgency of this matter, the State did not have sufficient time to provide certified English
translations of most Declarations, which are in Spanish. The State is in the process of obtained those
certified translations, but in the interim, submits uncertified English translations for the convenience of
the court.)

2 See April 23, 2020 Arrest Warrant for Steven Howard West, Criminal Conspiracy to Commit Theft
Over $60,000; April 23, 2020 Arrest Warrant for Kimberly Gail West, Criminal Conspiracy to Commit
Theft Over $60,000.

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churches, nonprofit organizations, and area businesses began notice something unusual at the

Auburn Hills MHP. Nothing was happening. 3 Despite tens of thousands of dollars of donations

left in the park office under the direction of Steven and Kimberly West, the entire park remained

torn apart and in a state of disarray; its residents were nowhere to be seen. 4 All the while, the

Wests remained insistent that all relief supplies were to be delivered directly to their office.

36. Despite receiving hundreds, if not thousands of items of relief supplies, the Wests

hoarded everything and did almost nothing to help the residents or distribute this aid.' The Wests

withheld this aid from the very people they were supposed to help, telling them nothing about the

fact that they were holding tens of thousands of dollars of relief aid at their office.6 Many other

residents had no idea that relief aid had been donated for their benefit, but was being held by the

Wests.' Many residents did not even know that relief aid was available until after the Hamilton

County Sheriff arrested the Wests and distributed the aid to them.'

3 M. Steve Dec. ¶¶ 8- 9, Vol. IV, pp. 87- 91.

4Id. ¶8. See,
e.g.,Vol. I After (" the Easter weekend tornado, I rec ived no relief or assistance from the
Wests or Auburnmost Properties,other than two rolls of toilet paper and a bottle of water.")6
Vol. II,p. 21 (" After the tornado destroyed our mobile home, Kim West initially told us she was going
to offer accommodation to my family in a hotel, but changed her mind because I did not have a license
or other identification.")7

For example, consumer [ received

] no relief or assistance from Kim and Steve West or Auburnmost
Properties. She knows of other families in Auburn Hills Mobile Home Park who were
never offered assistance by Kim and Steve West. She did not even know Kim and Steve West
were storing humanitarian aid and only heard about this relief after the Hamilton County Sheriff'
s ar ested the Wests and distributed the aid to the residents. See Dec.
[] ¶ 6. 8

Aub rn Hills residents [ and

] his wife did find out that Kim and Steve West had relief help available
until the Hamilton County Sheriff arrested the Wests and distributed the aid to the residents.
See []
Dec. ¶ 7; see also []Dec. ¶ 7 (Auburn Hills resident [ did
] not even know Kim and
Steve West were storing humanitarian aid and only learned about it after the Hamilton County
Sheriffs arrested the Wests and distributed the aid to the residents!!! 6; R. [ ]Dec. ¶ 8 Auburn
Hills resident [Garcia
] only learned of the relief aid at Auburn Hills once the donations had
been seized by the Hamilton County Sheriffs Office.);Dec. [ ] ¶ 8; Dec.[ ¶ ]8 ( Consumer [ 17
 37. In addition. the Wests refused to allow various nonprofits with substantial

resources from accessing the Park to help the residents, including significant help to clear out the

large trees that had fallen during the tornado, blocking some residents' driveways and access out

of the Park. 9 The Wests attempted to intercept anyone who tried to come into the park to help the

residents, demanding all donations be placed in the back of their office.

38. For example, Melissa Steve, a local representative of the national nonprofit Men

and Women of Action, visited a number of Auburn Hills residents without being intercepted by

the Wests. 10 Ms. Steve and her teams observed that many of the residents were of Hispanic

descent and many did not speak English.' She saw that the Auburn Hills residents were shy and

reluctant to talk. 12 As Ms. Smith and her team went from house to house, they also observed that

residents seemed afraid and did not want to leave their homes. 13 After speaking further with the
residents, Ms. Smith and her team learned that the residents were afraid of the Auburn Hills

MHP management and did not want to interact with Steve and Kim West."

39. MWOA has access to heavy equipment other resources to help with clean- up of

major disasters, including the removal of large fallen trees.' Trees had fallen at the entrances to

a few residents' homes and were blocking their driveways. 16 Some vehicles had been blocked in

never received any relief aid from Steven or Kimberly West. and only received aid when the
Hamilton County Sheriff distributed the relief aid they confiscated from Kim and Steve West.)
9
M. Steve Dec. ¶¶ 6, 9, Vol. IV, pp. 87- 91.
10Id. ¶6. 11

Id. ¶7. 12

1d. 13
Id. ¶8. 1'
Id. 1'
Id.¶ 11. 16

Id. 9.
¶ 18
driveways for days due to the fallen trees. 17 No one seemed to be cleaning up the Park. 18
40. When the residents heard that Ms. Steve and her team were going to go to the

Auburn Hills office, they became worried and tried to dissuade them from going. 19 The residents

told Ms. Steve they were afraid of Steve and Kim West —the managers of the Auburn Hills

patio)
41. Ms. Steve went to the Auburn Hills office with a co- worker and asked for Kim

West21 Ms. Steve introduced herself and her co- worker to Kim West and told her about

MWOA.22 She asked Kim West about the plan they had for the community and explained what

MWOA could do to help. 23 She also asked Kim West to sign her release forms so that MWOA
could get right to work. But Kim West declined, stating she " had to think about it.s24 Ms. Steve

reminded Kim West that she had previously told her that " absolutely" MWOA was welcome to

help and that " every resident needed help." 25 Ms. Steve also told Kim West that she had already

visited the park already and was concerned for the residents. 26 She explained some of the things

that she learned and expressed her concerned that the mobile homes in Auburn Hills were not

insured27 She was also concerned that there were broken titles and that some tenants who

17 1d.
181d.
19 Id.
20 Id.
21 Id.
22 Id.
23 Id.
24 Id
25 Id.
26 Id.
27 Id.

19
thought they owned their homes really did not own them. 28
42. Kim West responded by tearing up MWOA release forms in front of Ms. Steve

and throwing them in the trash while announcing " I'm not signing a damn thing!" Kim West
then became enraged and exploded at Ms. Smith shouting:

You need to get off my property! You need to leave my goddamned property! 29
43. Then Kim West then stormed off.30 Ms. Smith thought that if Kim West spoke to

her in this way, then she was sure that the residents were being horribly mistreated31
D. The First Arrest of Steven and Kimberly West ( Felony Theft in the amount
of $60, 000)

44. On April 23, 2020, the Hamilton County General Sessions Court issued warrants

for the arrests of Kim and Steve West for theft of property worth over $60, 000.

45. These arrest warrants were issued because of complaints made to the Hamilton

County Sherriff' s Office regarding the refusal of Steve and Kim West described above.
46. Arrest warrants were also issued for Kim and Steve West for conspiracy to

commit theft of property worth over $ 60, 000.

47. The Wests quickly made bail and were released back into the public. These

criminal charges are still pending.

E. The Second Arrest of Kim and Steve West (Coercion of Witnesses)

48. Soon after Kim and Steve West were released from prison, they entered into a

28 Id. ¶ 9.
29 Id. ¶ 17.

3o Id. If 17.
31 Id. ¶ 19. Ms. Steve later learned that after she left, Kim West called the police and filed a
complaint against her. The Sheriffs office did not seem to be too concerned about Kim West' s
complaint. Id. ¶ 20.

20