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Jason Todd Kelly is an unethical attorney, currently representing Alamosa County.
In July 2018 this was brought to the attention of Alamosa County Comissioners Darius Allen, Michael Yohn and Helen Sigmond.
Jason T. Kelly was passed up for the Alamosa County Judge position. One crisis that was thankfully averted when Judge Amanda Hopkins was awarded the position Jul 10th 2018.
Darius Allen, Michael Yohn and Helen Sigmond at the direction of Alamosa County Attorney Jason T. Kelly refused to address issues with the address permitting system, barring property owners from legally accessing their property.
Why you might ask? Jason T. Kelly asserted several false facts which the evidence, in the County's possession clearly disputes. Once the evidence was presented, he continued to lie in an attempt to get the Alamosa County Commissioners to ignore these issues and his unethical behaviors.
When the Alamosa County Commissioners were confronted with this, Jason T. Kelly was the one to respond that it is my fault, I never actually submitted an application for an address. But for the past four years I had the application filled out, yet it was not accepted by the land use department without out first paying for basically any County permit.
It has since been admitted by the only Alamosa County Commissioner to engage on these issues, that the denial was in fact improper. I can accept that mistakes happen. But for four years seems a bit more then a mistake. And to completely disregard the fact that the Alamosa County Attorney, Jason T. Kelly has engaged in deceitful behavior is a sign of the corruption in Alamosa County government. They are complicit in his unethical behavior.
According to Jason T. Kelly's logic, no one can ever submit an application for anything if the Agent does not accept the paperwork. Exactly the problem in this situation.
Alamosa County under the guidance of Jason T. Kelly is unlawfully exacting fees in the forms of unnecessary permits as a requirement to gain legal access to one's own property. You can read more about exaction on wikipedia here and also here.
material cited from www.law.ufl.edu page 2" First comes a requisite for clarity. Any restrictions or requirements imposed on a permit applicant must be clearly stated with sufficient clarity to allow the permit applicant to understand and follow them. Second, there is a requirement of reasonableness of the restrictions. Any conditions, exactions, or impact fees must be reasonable, and not arbitrary or capricious. Thus, it must be possible for an applicant to fulfill the permit conditions-even if such fulfillment means that an applicant could, at least in theory, pay the exaction. Stated another way: A local government may not establish conditions that it knows are impossible to meet or that have no rational basis in fact.
The United States Constitution has been interpreted to impose its own conditions on exactions. Any exactions or conditions must have a substantial relationship to-or "nexus" to use the Supreme Court's terminology-with the reason for which the local government could reject the permit application. For instance, in the case of Nollan, 2 the local government tried to insist that the landowner dedicate an easement along the beach as a condition of rebuilding a larger house on their beachfront lot. The U.S. Supreme Court said this was not permissible since the reason that the local government could reject the application was based on the development's impact on the public's visual access to the water, not the ability to traverse the beach along the water. Thus, the reason the local government could legally deny the permit (i.e.-impact on the public's visual access to the water) had nothing to do with the exaction sought (i.e.-an easement for lateral beach access). "
It was declared in a public Commissioners' meeting, November 2018, to get these questionable address policies corrected, by an Alamosa Land Use Department employee that "[I] had done my research on these issues and regulations." That being the case, in conjunction with an agent refusing to accept an address request application surely constitutes these policies not being clear, reasonable or the ability to be fulfilled.
This amounts to regulatory taking, prohibited by the Fifth and Fourteenth amendments of the US Constitution. You can read more about regulatory taking on Wikipedia here.
Later, Jason T. Kelly falsely claimed that I needed a water source to access my property.
1. Having water is not a requirement to access property under Colorado state law. This creates an impermissible burden to access property.
2. You can not improve a property ( legally ), without out first having legal access to the property. This would include drilling wells. Again, this creates an impermissible burden that one can not legally fulfill.
3. Clearly Jason T. Kelly has never heard of alternative growing methods that involve incredibly low water usage which is commonly done in desert greenhouse environments. Also apparently he has never heard of a water truck hauling water to residential properties, also common to some of the rural properties in the San Luis Valley. Just exactly how disconnected is this guy from the community he claims to love and protect?
Am I, let alone every other member of Alamosa County to be held hostage to one man's ignorance and malevolence? That surely sounds like slavery. "I don't think you can own anyone. That was, like, a while ago, even in Texas." -Lucas Flannery, Transformers:Age of Extinction.
You can read the email where Jason T. Kelly interjected himself in these matters here.
Given Jason T. Kelly's position of Alamosa County Attorney, the very fact he is willing to continue to lie despite being shown evidence contrary to his claims, ought to disqualify him from his position immediately. A self compromised attorney can not be trusted to give sound legal advice that is not partial to themselves.
Despite this, my response was simple; that there has been an artesian well on file with the water division since the '30s. Then Jason T. Kelly falsely claimed I never presented this information in four years of attempting to apply for an address. This is precisely what set off the conflict with Alamosa County to begin with. Alamosa County denied legal access to the property even with a well on it. You can read the response here.
Eventually Jason T. Kelly conceded when he let some tid bits slip in his emails. A well does in fact qualify for improvement allowing for an address. Email requesting confirmation the permit would finally be accepted, let alone decided on. Jason T. Kelly of course refused to reply.
The fact that Jason T. Kelly will claim he supports the veterans, yet is so willing to screw them over would certainly qualify as being hypocritical. You can read the Oxford definition of a Hypocrite here.
However the damage caused by Jason T. Kelly's unethical and improper actions extend far beyond myself. Being associated with a community development organization, we sought to build, develop and provide opportunity for the residents of Alamosa County and the San Luis Valley at large.
The food produced was to go to the local social support programs of the valley.
But that's right. Jason T. Kelly is a Republican, or so he was registered in the 2018 election year according to http://voterrecords.com. A post made on social media by the Alamosa Republicans in 2017 that claimed "Republicans Hate Poor People" might help you bridge the gap. You can read about the bigotry of Alamosa Republicans on ECCEP.co here and the Denver Post here.
A quick glance at Jason Kelly's Facebook friends on January 17th, 2019 shows that he still remains friends with David E. Broyles, the hate filled politician who posted the messages on Alamosa Republican's social media accounts. Jason T. Kelly is just another Republican bigot that discriminates against disabled veterans while claiming to support and honor them. People like Jason T. Kelly who lie to you through their teeth are the type who made saying "Thank you for your service" to veterans not only pointless, but rather a slap in the face.
Being a self-professed devout Mormon, let's look to the scriptures of his own beliefs to see just how far off the path Jason T. Kelly has strayed.
And to be explicitly clear, this is not an issue with someone's chosen beliefs. It is however about those who act hypocritically or uses their beliefs as a crutch to prop up or mask their moral shortcomings.
Bigotry
Of course you wont find teachings about bigotry in a faith that is rooted in discrimination. However recently, several Mormon leaders have been speaking out against it.
You can read an interesting article about how bigotry is both pervasive and systemic in the Mormon faith written by The Atlantic here.
In fact the prevalance of bigotry in the Mormon faith has even caused reddit groups and websites like http://mormonbigotry.com to spring up.
Hypocrisy
"Hypocrisy was the besetting sin of the Pharisees and was severely condemned by the Lord" -(Matt. 23:13-33; Mark 12:38-40; Luke 11:37-44; 20:46-47).
You can read what LDS considers a hypocrite here and read what LDS teaches about Hypocrisy here.
Lying
"All liars have part in the second death" -Rev. 21:8 (D&C 63:17)
"Wo unto the liar, for he shall be thrust down to hell" -2 Ne. 9:34
"He that lieth and will not repent shall be cast out" -D&C 42:21
"We believe in being honest" -A of F 1:13
Apparently believing in being honest is not enough. But we already covered Jason T. Kelly's hypocrisy previously. LDS on lying in the scriptures
Repentance for Our Sins
When Im Sorry Isn't Enough
Jason T. Kelly Alamosa County Attorney.
Requests for comment on this story were sent out February 21st, 2019 but went unanswered.