When In Doubt, Zone Them Out

It's not about a mud bog.

On Tuesday, Aug. 6, Denise Miller is set to return to 55th Circuit Court for a hearing in the case that Gladwin County, by way of the Zoning Department, has drummed up against her for a "Zoning Ordinance Violation."



The crime? She and husband Kelly Miller have been hosting semi-regular mud bogs on their 40-acre private property for around 11 years. They even have a club - Backyard Mudders. They don't charge money to enter, or to bog; but in the past they have taken donations to help out local folks who had lost loved ones, or in some cases, had a large amount of medical bills.

In the Complaint filed in 55th Circuit Court, it states that these mud bogs violate the zoning classification for the Millers' property. It reads:

As we've stated before: This is not about a mud bog. It's about property rights. But it's also about something else - it is about examining the validity of the Zoning Department in enforcing the issue.

For many years, the mud bogs went on without complaint, until fairly recently. We have attended many meetings, and have even heard conversations regarding the complaints of neighbors of the Millers.

Wait. Let us clear something up before moving on here.

Some folks have accused us as being "pro mud bog," or unsympathetic toward the neighbors and their plight. Not so.

We are concerned with property rights, and the ever increasing tendency for municipalities, agencies and even corporations to employ "enforcers" to restrict the rights of people on private property, and establish dangerous precedents that could lead us even further away from the freedom we should all enjoy.

Take this case, for example:

Mark Baker vs. The Department of Natural Resources. DNR redefines the words "feral" and "domesticated"; issues Invasive Species Order against their definition of "feral" pigs, allowing them to build a bridge from their intended purpose - to manage wildlife on state land - to exerting their authority over farm animals on private property.

Learn more. Start here:  http://www.youtube.com/watch?v=gA_OyraGo-o&feature=c4-overview&list=UU-cAVy-oC3v7ENiQu-Ls-4w

There are countless other cases where questionable measures are used as means to various ends -

FDA attack on organic egg producers by using fear tactics:

http://www.npr.org/blogs/thesalt/2013/07/24/205230655/the-fda-doesnt-want-chickens-to-explore-the-great-outdoors

EPA making the determination that we can totally eat significantly more amounts of Monsanto's Round-Up this year:

http://rt.com/usa/monsanto-glyphosate-roundup-epa-483/

Or a Zoning Authority's impact on a rural hobby farm.

http://www.mlive.com/news/kalamazoo/index.ssf/2013/08/mattawan_familys_rural_hobby_f.html

 If you read any of these cases and questioned motives, or felt at any time, "That's not fair." You're not alone.

Because of the examples of seeming overreach by bureaucrats and governmental appointees, WE - the people - should always examine cases thoroughly, even when they are controversial and emotional. The more we allow an agency to create case law, we bolster its authority to commit the same action again.

So what of the Mud Bog case? Well, here's what we've determined so far:

Yes, there were complaints by neighbors regarding mud bogs, however, we've yet to hear a complaint that dealt directly with the activity. Instead, the complaints we were made aware of are due to the actions of humans, not the sport.

We've heard allegations of drunkenness, nudity, trespassing, and other bad behavior. In fact, bring up the mud bogging, and anyone who is opposed is opposed on the basis of the actions of the individuals who attended, not the activity of running trucks through mud holes.

The lawsuit, however, asks the court to establish mud bogging as a nuisance activity and order an injunction against said activity. It goes on to say that anyone who wants to have a mud bog needs to get a Special Use Permit.

Wait. Can anyone get a permit for nuisance activity? Does that mean we can apply to start constructing that gas-leaking, junk vehicle totem pole surrounded by tall grass art piece we have been considering!

Either there's a dangling carrot of hope attached to that Complaint to further the notion of "ordinance violation" or we should really examine Special Use Permits.... Why on Earth would any governmental entity label an activity a nuisance and then allow people to pay in order to continue taking part in said activity?  Money grab?

Of course, it's not completely a baseless argument. Consider these Minutes from one of the County Commissioners meetings:

Hmmmm.... Zoning as a revenue generator? Sort of turns the stomach, doesn't it. If you don't remember Mr. Christie from the video including the Planning Commission meeting, make sure to check out his behavior. We took issue with the way he acted.  Start at 20:40.

http://www.youtube.com/watch?v=PPigoNdZ-ms

If that's common behavior, people addressing the planning commission have a problem. The County of Gladwin has a real problem.

But back to the issue at hand. If the chief complaints by neighbors have involved the actions of humans, why has the Zoning Department called for redefining of the activity as a nuisance?

Shouldn't each of the incidents be addressed individually as crimes? Trespassing, nudity, destruction of property.... Was there an investigation?

Consider this possibility: Unable to prove the criminal behavior, and without the outcome that they desired from law enforcement, the complainants (and the county, who may have been seeking to help the complainants) shifted gears, instead looking to use the Zoning Department as the means to the end.

Eliminate the bogs, eliminate the bad behavior. Right?

Maybe, but we see this scenario as potentially a very inappropriate use of the Zoning Department. It's like banning the sport of baseball after too many little boys broke windows around the neighborhood.

Say mud bogging is labeled a nuisance and an injunction is issued by the court. How will that affect other mud bogging activities, or similar activities? If someone doesn't like their neighbor's dirt bikes, will they then employ the Zoning Department to label them a nuisance? And what about that Logging Company? They sure rip up the roads....

NOWHERE in that summons and complaint, or the attached police report, are any complaints about bad behavior - only the fact that the land is not zoned for mud bogging. Of course not - there's nothing in the zoning ordinance specifically designating any of the zones as appropriate for mud bogging. Sure hasn't been an issue in the past, though.... Not until the complaints about people started coming in.

For that fact alone - the fact that the Summons and Complaint is not, in our opinion, completely forthcoming about the situation, we are requesting the complaints as documented in the Case File from the Zoning Department. That way we can figure out if there ever were any complaints about the activity specifically, or if all the complaints were in some way about the behavior of people who had attended the events.

Meanwhile, we URGE you to think about the implications of creating case law regarding mud bog activity, and more importantly - the dangerous potential in ANY use of a county department like Zoning to exert a police-like authority over a situation involving what appear to be separate incidents that are criminal in nature, to punish landowners where law enforcement was not able to, using the methods employed by the duties assigned to them by your local government. 

No. Emphatically, NO.

Let us punish you with the powers of bureaucracy when law enforcement fails. Let us criminalize an activity many people enjoy - not just at one property, but at other locations throughout the county. And let us force you to ask for permission to enjoy that activity, and perhaps even other similar activities, on your own property. If it's deemed a go, you can then pay us $350 for "special use" of your own, private property.

Sound fair? If not, you need to speak out. We're not asking anyone to justify or defend bad behavior; we're asking you to consider the long-term implication of giving up our rights to these layers of government and bureaucracy.

Make a call to your County Commissioner. Send a letter. Send an email.

Or better yet - show up in Court tomorrow: Tuesday, Aug. 6, 8:30 a.m. 55th Circuit Court, third floor of the Gladwin County Courthouse. Let's get enough folks up there to open up a few more rows of seating....

Learn more about the death of property rights. Watch our video: http://www.youtube.com/watch?v=McN_KI5jUxw