In the Matter of a Mail Dispute Between

BLUE RIDGE HEALTH INVESTORS, LLC

and

M.A.R.S. SYSTEMS, INC.

P.S. Docket No. MD 04-6

APPEARANCE FOR PETITIONER:
D. Gray Angell, Jr.
Blue Ridge Health Investors, LLC
138 Bayhill Drive
Advance, NC 27006-7183

APPEARANCE FOR RESPONDENT:
Gary Campbell, President
M.A.R.S. Systems, Inc.
Corporate Offices
P.O. Box 5011
Chilhowie, VA 24319-5011

INITIAL DECISION

            This mail dispute has been docketed pursuant to Postal Operations Manual (POM 9, July 2002) Section 616.21, which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution.  The mail in dispute is that addressed to Red Oak Manor, Inc., at P.O. Box 938, Rocky Mount, VA 24151-0938.  The Rocky Mount Postmaster is currently holding the mail.

            Both parties filed written statements, Mr. Campbell for MARS Systems, Inc., and Mr. Angell for Blue Ridge Health Investors, LLC.  Mr. Angell also attached some additional documents.  The following findings of fact are based on all the material submitted by the parties, including the material forwarded by the Postal Service Law Department, Mid-Atlantic Office.

FINDINGS OF FACT

            1.  Blue Ridge Health Investors, LLC (Blue Ridge) owns land and building(s) at 18630 Virgil H. Goode Highway in Rocky Mount, Virginia.  On April 17, 2002, Blue

Ridge entered into a lease agreement with MARS Systems, Inc. (MARS) whereby MARS, the lessee, would run an assisted living facility that had been constructed on the property.  (Angell statement, with Lease attached).

            2.  The assisted living facility is known as Red Oak Manor.  On July 9, 2002, Gary Campbell rented P.O. Box 938 on behalf of Red Oak Manor, Inc.  (Campbell statement; PS Form 1093 attached to Law Department forwarding letter).

            3.  On December 16, 2003, Mr. Campbell wrote a letter to the Virginia Department of Social Services, titled “Notification of Closure.”  The letter stated, “Red Oak Manor, operating at 18630 Virgil Goode Highway, Rocky Mount, VA 24151 is ceasing operation immediately.”  The letter further stated that this was because MARS had received an eviction notice from the property owner, Blue Ridge Health Investors, LLC.  (Letter attached to Angell statement, and also to Law Department forwarding letter).

            4.  On December 17, 2003, the Commonwealth of Virginia, Department of Social Services (VDSS), notified Mr. Campbell that VDSS denied Mr. Campbell’s renewal application for a license to operate an assisted living facility.  The notification listed various violations of Virginia Standards and Regulations as the basis for denial of the application.  (Letter and Public Notice, attached to Angell statement).

            5.  On December 19, 2003, Blue Ridge’s attorney wrote to MARS Systems, stating that Blue Ridge considered MARS to be in default under the terms of the lease, and that Blue Ridge would immediately enter the premises and operate the assisted living facility.  Also on December 19, 2003, Mr. Angell wrote to VDSS, stating that Blue Ridge would take control of, and operate, Red Oak Manor, and that Adam Owen would be the administrator.  (Letters attached to Angell statement).

            6.  On January 4, 2004, Mr. Campbell gave written notice to the Rocky Mount Postmaster that, “in the matter of mail receptacle 938,” “we intend to relinquish control over and surrender all keys to whomever the current administration names as the designated representative.”  He also stated, however, that he authorized Ms. Carrico, a MARS employee, “to collect, possess and screen all remaining mail.”  (Letter attached to Law Department forwarding letter).

            7.  On January 5, 2004, Mr. John Miller, on behalf of Blue Ridge, notified the Rocky Mount Postmaster that Adam Owen was the new administrator of Red Oak Manor and was authorized to pick up mail for Red Oak Manor.  (Letter attached to Law Department forwarding letter).

            8.  On January 8, 2004, an official of the VDSS wrote a “To Whom It May Concern” letter, stating that MARS had vacated the premises at 18630 Virgil Goode Highway, that Blue Ridge had made application for a license to operate the assisted living facility at that address, that Blue Ridge was operating the facility and providing services to 44 residents while VDSS processes that application, and that Blue Ridge should be allowed to receive and distribute mail to the residents who continued to live at Red Oak Manor.  (Letter attached to Law Department forwarding letter).

DECISION

            Mr. Campbell’s contention is that Blue Ridge owns the land and buildings at 18630 Virgil Goode Highway, but does not own the business known as Red Oak Manor.  The business and the post office box still belong to MARS Systems, Inc., he argues, and although he intended to cooperate in a “smooth transition,” this dispute arose when Blue Ridge “attempted to seize control over our box.”

            Mr. Angell argues that MARS vacated the premises and that Blue Ridge must now operate the facility and take care of the residents.  Therefore, he argues, Blue Ridge is entitled to receive the mail.

            The purpose of a mail dispute proceeding is to resolve conflicting orders for the delivery of mail, not disputes over control of a post office box.  Laura Beth Macka and Linda Witt, P. S. Docket No. MD 03-351 (P.S.D. Jan 13, 2004); Carolyn Goethie and Rev. Dr. Thomas R. Bailey, P. S. Docket No. MD 01-359 (P.S.D. Mar 21, 2002).  A primary consideration in resolving mail disputes is the intent of the senders.  In this case, it is undisputed that MARS has vacated the premises and that Blue Ridge has taken over operation of Red Oak Manor.  Therefore, even though Blue Ridge apparently had no prior connection to the name “Red Oak Manor,” because Blue Ridge is now operating the assisted living facility known as Red Oak Manor, it is likely that senders intend that mail addressed to Red Oak Manor be received by Blue Ridge.

            Both parties make reference to distributing mail to the residents of Red Oak Manor, and that residents are unable to get their mail.  Mail addressed to individual residents should not be in dispute here.  Nevertheless, if all such mail goes to P.O. Box 938 for further distribution by the staff of the facility, the operator of the facility, Blue Ridge, should receive this mail also.  See POM §615.1.

            This decision deals only with delivery of mail.  It does not determine ownership of the contents of the mail, and does not attempt to resolve any other disputes between the parties.  If Blue Ridge receives mail that is clearly intended for MARS Systems, it is Blue Ridge’s responsibility to forward that mail.  If either party obtains a court order directing delivery of the mail, postal regulations provide that the mail will be delivered according to such an order.  POM §616.3.

            The Judicial Officer should issue an Order to the Rocky Mount, Virginia Postmaster that the disputed mail be delivered in accordance with direction from Mr. D. Gray Angell, Jr., or Mr. John Miller, representing Blue Ridge Health Investors, LLC.

                                                                                       Bruce R. Houston
                                                                                       Chief Administrative Law Judge