Just in time for the May 6 election, the Gladwin County Board of Commissioners met to discuss The Litigation. There is only one litigation that the county is currently involved in - that's the Mud Bog case against Denise Miller.
But was it all for show? An attempt at showing the public that not only do they now know about the suit, they plan to take an active role in its resolution?
In this case, the County of Gladwin, through its Zoning Department, initiated a lawsuit against Denise Miller for a "zoning ordinance violation," claiming that mud bogging is a violation against the Gladwin County Zoning Ordinance, which has been in place since 2007. The mud bog activity has been taking place since the late 1990's.
One look at the Michigan Zoning Enabling Act should have been enough to see that any activity that has taken place longer than Zoning has been in place in a county, and was not illegal prior to the implementation of Zoning, should be enough to throw this lawsuit out. (Michigan Zoning Enabling Act PA 110, 2006 - According to the definition in the Zoning Enabling Act, this Activity should be legal nonconforming use...)
But don't expect that from this county. They won't even support a resolution to assure property owners that every decision made in the course of their duties will be done with the highest priority being the right of the citizens to enjoy their property without interference from local government.
Why, then, should we support them?
And to be a bit more direct, and perhaps a little harsh, we don't think that the commissioners had any intent on resolving the Miller lawsuit at their last meeting, although they likely had a nice discussion while in executive session.
Sadly, however, that meeting was all for show. It was all to give the perception to the people that they are addressing the issue. Why now? Because the people head to the polls in just a few short days to decide the county's Headlee Override proposal, and we're willing to bet that simply pretending to care about the Miller Mud Bog issue was nothing more than strategy to garner votes, whichever way you swing.
Don't fall for it. If this board of commissioners REALLY cared about property rights, this suit would be a non-issue. In fact, the complaints that were made by individuals against other individuals in relation to this case woult have been handled as individual criminal incidents, not dropped into the lap of the Zoning Administrator, or as we like to refer to him: The Property Sheriff.
And that's nothing against Justin Schneider - he's a good enough guy. It's against the idea of a Board of elected representatives handing over jurisdiction over private property, and activities and incidents that might occur there, to a sole individual who heads a department which tells you what you can and cannot do on your private property, based on recommendation of a shadowy, unelected planning board - one which our commissioners defer to, as if that planning commission holds more authority than our elected representatives....
In fact, we predict that the Board of Commissioners fully intends to designate more activities as nuisances, forcing compliance from property owners; forcing them to ask permission to do a whole host of things - drive Go-Karts, dirt bikes, have large family gatherings, make a dune buggy or 4-Wheeler track....
Do you want to have to ask permission to do these things on your own property?
If your answer is no, then Please Don't Feed The Government!
By voting no on this Headlee Override, you can take a stand not just for over-taxation, poor use of public funds, and the propensity for your "leaders" to defer to unelected boards. Your no vote can signify that the people of Gladwin County are offended by the idea that the local government should have any jurisdiction over our private property whatsoever.
In the Miller case file, the Zoning Department argues that the activity has outgrown itself, and most of the complaints have been admittedly criminal in nature involving the actions of humans, not the activity of mud bogging. But yet, they lawsuit focuses on the activity of mud bogging as a nuisance per se. Why?
Unfortunately, that answer is all too transparent: If the Gladwin County courts make mud bogging a "nuisance per se," they will likely be able to force EVERY entity that seeks to participate in such activity to ask them for permission before doing so.
And that, in itself, is fairly repugnant. Think about it: The activity will be ruled a nuisance, however if you pay enough money, you can go ahead and be a nuisance all you want.....
Make sense? Only if you realize that the county, broke as a joke, has to monetize every little thing it can in order to create "revenue". Unfortunately, even creating this "revenue" doesn't eliminate the need to cut jobs. This is NOT a cash flow issue, as they keep saying; this is a spending issue. The expenditures of our county are higher than its revenue. But instead of cutting expenditures, they have apparently decided to monetize as much as they can to create "revenue."
Don't believe us? Shoot, the Chief Judge of the Courts came right out and said it at a Commissioners meeting. He promised the Board of Commissioners more revenue if they just reinstated his staffing to the level the courts felt they should have.
The answer to that question is both simple and unfortunate. They make revenue by making criminals.
Watch the video, and hear as the judge explains how they can enhance revenue with things like "oversight fees". That takes - most often - the poorest among us, and subjects them to a continued taxation by being bound to their "fees and costs" through probation.
In the New Testament, Matthew 25:40, it reads, "Verily, I say to you, Inasmuch as ye have done it to one of the least of these my brethren, ye have done it to me."
To us that means that we should have mercy and compassion to those among us who have the least or need the most. That is surely not what we see with some of the least among us in Gladwin County.
In fact, they have taken some of the least among us - those that are involved in the court system or are in jail for whatever reason, and subjected them to various forms of usury in the name of "revenue."
Are you aware that if you are a resident of the Gladwin County Jail, you can purchase an electronic cigarette for $20? OK, we get it - some people would love to have these. However, the jail purchases them for $8 and sells them for $20. Can you say usury?
Additionally, if you would like to have an extra visit that week, you can just shell out $20 more and have another chat with your loved one.
All this and the judge carefully explains that the Magistrate of the District Court has the right to raise oversight fees to gain more "revenue" for the county. All in exchange for keeping some clerks? And your commissioners don't even try to call his bluff. They voted unanimously just to give the courts what they want.
Does that now mean that the courts will now have the incentive to sentence someone to longer terms of probation, or impose higher fees and costs in the name of keeping their own jobs?
But make no mistakes, it's not just the courts. Do you think the Millers are the only ones who will be singled out for zoning ordinance violations? Not if your county has anything to do with it:
Check out these meeting minutes where a member of the planning board advocates for more hours for their people in exchange for more zoning "revenue".
You see, rather than risk cut jobs - which are the most expensive line item on any budget - your county offices would rather promise the commissioners revenue. Unfortunately, that revenue is me. It's you. It's your parents, who are on a fixed income. It's your kids, just starting out in life.
Fair? NO WAY.
My friends, we are NOT revenue. And frankly, we should be offended that the county is counting our heads and monetizing us this way.
We want them to cut their own jobs. Stop preying on us and right-size your budget!
In order to force their hand, we need to show up for the May 6 vote, and tell them NO! No Headlee Override. We do NOT believe in nickel and diming the people of this county. Make your cuts. Take your licks like the rest of us.
And from here on out, we need to put people in those commissioners' seats that also feel this way, and won't be afraid to tell anyone no.
To that end we say: Kelly Miller for District #1 Commissioner; Tab Faber for District #4 Commissioner; and Tom Dunn for District #5 Commissioner. All three of them will be on the August Primary ballot.
Any of these men will do a fine job on their own, but together - together they have a majority vote, and they can make sure that the people are heard, and the decisions made don't stack the deck for the county employees and prey on the rest of us.
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