Family promises armed standoff Militia vows its support if homes are removed

Traverse City Record Eagle ^ | 9-12 | By KEITH MATHENY

[M. Peach]

HORTON BAY - The peaceful, rolling farmland of Charlevoix County's Bay Township belies the potential armed confrontation that may develop there in a matter of days.

Bay Township residents Lyle Barkley and his daughter, Kimberly, stand near Kimberly's adjacent manufactured homes off Camp Daggett Road. A district court judge has ordered the rear unit removed, an order the Barkleys say they will not honor.

A county district court judge has ordered by Thursday the removal of three manufactured homes from four acres on Camp Daggett Road. The family who owns the property is vowing an armed confrontation with anyone who attempts to enforce the judge's order.

"We're going to have a standoff," said Lyle Barkley, 55. "I'm not going to let them come in here and take this stuff," he said. "Over my dead body."

Barkley and members of his family may not be alone in their standoff. A Denver-based organization calling itself The Mutual Defense Pact - Second American Revolution Militia has vowed to call on 600 or more armed individuals from across the country to defend the Barkleys' property.

"Within a few days of (Barkley) being attacked, that little township will become the center of the universe, by force of arms," said Rick Stanley, founder of the militia group.

Barkley has created an earthen berm on his property, and said he planned to create trenches as well, in preparation for a standoff. Charlevoix County Sheriff George T. Lasater said he hopes violence can be avoided.

"I'll do everything possible to come to a peaceful resolution of this situation, so nobody gets hurt on either side," he said. "But rest assured, I'll do my job, and I will follow the orders of the court."

The dispute involves the placement by the Barkleys of two, 12-by-60-foot mobile homes on the property, and a 24-by-34-foot former school portable. Barkley said two of the units are additions onto two existing mobile homes on the property, one of which Barkley lives in with his wife, Shirley; and another in which his daughter, Kimberly, her boyfriend and three children live. Barkley's son, Ken, and family live in the third - the school portable unit.

After initially receiving zoning permits from Bay Township in the summer of 2002, the permits were revoked by township zoning administrator Randy Frykberg that November.

Frykberg said Thursday the Barkleys had initially applied for additions, not to add additional mobile homes. Township attorney James Murray said no township or city in the state would allow the sandwiching of a manufactured house on an already nonconforming structure under zoning.

"It's a very basic question - it's a health, safety and welfare question," Murray said. "This is simply a case of abiding by zoning, and abiding by the construction code. (Barkley) blatantly disregarded both."

Barkley, however, countered that he was willing to make any changes necessary to bring the buildings up to code. He was never given that chance, he said.

After Judge Richard May's ruling in April siding with the township, Barkley said he went ahead and installed the manufactured homes on his property over the summer.

On Aug. 28, May ruled Barkley, his wife and Kimberly Barkley were in contempt of court. He ordered the buildings removed by Sept. 18, and ordered the Barkleys to pay an $800 fine. The Barkleys face 26 days in jail if the fine is not paid by Thursday.

"I won't pay it," Barkley said. "If I pay it, it's the same as saying I'm guilty." Stanley, of the Second American Revolution Militia, said Barkley is a member of his militia's mutual defense pact, which he said is about four months old.

"We basically are not going to tolerate unconstitutional acts by governments in the future," Stanley said. "They do this kind of thing thousands of times a day, every day, across the United States. But we've drawn the line and said, 'Not with our pact members.' "

[M. Peach]

The next Ruby Ridge?

[Husker24]

These people can prepare all the defences they want, the government will simply roll in 1 M1A1 and kill them all.

[Mind-numbed Robot]

One sign of wisdom is knowing which battles to fight. This does not seem a good choice.

[HairOfTheDog]

Naw.... Not Ruby Ridge....

This is a lower-rent standoff.... more like Rhinestone Estates.

[M. Peach]

I've been searching the internet for more info on this case and I can't find anything. This is awfully strange - I don't think I've been duped, because the article comes from what appears to be a credible newspaper.

Does anyone else have any info on this? Has it been hushed?

[Noachian]

These people can prepare all the defences they want, the government will simply roll in 1 M1A1 and kill them all.

With the local news cameras video taping the whole thing? I kind of doubt that.

[glock rocks]

the tanks at waco were nicely videotaped.

[coloradan]

"But rest assured, I'll do my job, and I will follow the orders of the court."

Yes, following orders seems to be pretty high on his list. Bring in the tanks! Having a mobile home is a "health and safety" issue that can only be fixed with pyrotechnic tear gas, .30 and .50 caliber machine gun fire, grenades, and perhaps 105 mm howitzer fire. (And then burn the places to the ground, still occupied.) That should clear up and health and safety issues. For the children, of course.

[jaz.357]

Janet Reno....CALL YOUR OFFICE!

[Mind-numbed Robot]

My point is that they are on shakey legal ground here. In fact, they are wrong. They are forcing the government's hand unnecessarily. They will lose and in the process make anti-big government movements look like trigger happy loons in the process.

[Justa]

"Zoning regulations" the new method for making Auslanders of targeted individuals and their property.

Gee, I'm gonna =really= go out on a limb here and say a development company or two have their eyes on his property.

[montag813]

stand near Kimberly's adjacent manufactured homes off Camp Daggett Road.

We used to call them "mobile homes" or trailers, hence trailer trash. Now they are "manufactured homes". Same deal though.

[/big city snobbery]

[First Amendment]

This situation is a cousin of the man being kicked out of the cave near Flagstaff (article yesterday on FR). My husband and I are also in violation of the county, and some friends of mine are too. The zoning laws, and the county permits and code regulations are too overbearing and invasive. Many of the regulations and laws have NOTHING to do with safety, and have everything to do with the desire to control others, make a buck (in collusion with contractors or related type organizations - they want to maintain standards so that only THEY can build houses and not regular people building their own) and the increasing power and salaries of bloated county beaurocracies.

If people could build their own houses without so many restrictive codes and permits many people without a great deal of money could afford to self-build. For instance, my property is covered with trees (we could build several houses out of them and still have plenty left!) By law we cannot mill our own lumber and build with it. The up to code lumber must have a mill stamp on it. If we want to cut timber and sell it, we have to give the state of Oregon 25% of the money we make on it, and we have to hire a "professional" logger - even though my husband could just as easily do it. I can understand these peoples' anger. You think you own your property - nope. Just paying rent.

[El Laton Caliente]

Bingo...

[Rifleman]

Yep, but some people have reached the limit of how servile they will behave when the state gives orders.

[MindBender26]

No, it's not a question of fighting the government. It's a question of saying that the laws that apply to everyone else don't apply to hom. It's a question of claiming that someone can chose whick laws to follow and which ones to disobey.

We have something called a Constitution. It requires we all follow it and its proceedures, it's entitie's rulings, etc.

This is some idiot who just goes to prove that guns, bravery and stupidity are not a good combination.

Don't get me wrong. Two tour RVN, 27 yr CCW, NRA life member, etc. here. This is simply some idiot who thinks he can defy the rule of law because he wants to expand his trailer trash lifestyle.

And we wonder why some otherwise reasonable people don't see our position on the 2d ammendment..........

[Mind-numbed Robot]

Yep, but some people have reached the limit of how servile they will behave when the state gives orders.

That is why I said it is wise to know when to fight and when not to. To pick a losing fight is not as productive as finding another time or place where the chances of winning are far better.

[El Laton Caliente]

Not that these are, but..

Have you seen the new 80' x 18' Double Wides with 6" studs on 16" Centers and 6" landscape timbers as an exterior with R30-something foam insulation? That is 2,880 square feet with over 12" thick walls. They have optional double car garages also with the log look exteriors.

I saw one that had four fireplaces and Jen-Air appliances!
8^O