Betchart

BACKGROUND

Ludwig G. Betchart (Ludwig) and Wally, husband and wife, had six children together: Rosemary Smith, Karola Betchart, Mary Platten, Ludwig K. Betchart (Champ), Herman Betchart (Herman), and Tony. Tony is a shareholder, director, and officer of LBI and Elizabeth. He is also the managing member of CENA. All of the companies involve the rental of heavy construction and related equipment and machinery, and demolition services. Ludwig and Wally founded LBI, a demolition and heavy equipment rental company, in the 1960s. Since 1978, LBI has conducted its operation on two adjacent parcels of land in Fremont, 42270 Osgood Road and 42088 Osgood Road (collectively, the two Osgood properties). The land at 42088 Osgood is continuous to 42270 Osgood, but there is no vehicular access to public streets on 42088 Osgood except over the parcel located at 42270 Osgood. Ludwig operated the company, maintained its equipment, and oversaw the demolition jobs, while Wally was in charge of the office and kept the books. As the three sons graduated from high school, each became involved in the family business. Ludwig and Wally promised the boys that they would inherit the business and the land on…