What's next for property owner in zoning dispute [Michigan Standoff Update]

CHARLEVOIX - Alanson pastor Norm Olson and former Bay Township supervisor Bob Taylor presented a spirited defense of Lyle Barkley inside the closed-door meeting Thursday with parties to the Barkleys' property dispute.

Excerpts of their statements, taken from an authorized tape of the session, follow.

Olson, who has interceded on behalf of the Barkleys, responded to an opening question from Sheriff George T. Lasater on where the Barkleys stood on the issues:

"Both sides are moving too rapidly toward confrontation and that is unwise. Especially for you as county administrators who are supposed to be doing everything in your power to mitigate and find a solution to this thing peacefully.

"I'm ashamed of you who have taking this oath of public office to serve the public. You're not serving the public. You're oppressing the public.

"You've heard from the farmers in this area. They, too, feel disaffected, estranged and alienated from the local governments. And frankly I'm ashamed of what you're doing. You should be rushing to help this man."

"This business of having your day in court: That's an old rube that makes no sense whatsoever. Courts are not always right. Courts are not always fair. There's a lot of injustice that comes down from courts."

"That's why we have a sheriff who can see the injustice that sometimes courts mete out and say, 'Stop this. Stop this.'

"We need to give some time to this man and find some kind of a solution that's peaceful so that people are not going to have their lives put in jeopardy, families are not going to be thrown off their property, homes destroyed and taken away."

"This is a precedence setting issue. It scares me to just think that because of a citation that a person can wind up losing everything that they own, go to jail to pay off $11,800 because a building, a trailer sat there, and get credit of $30 a day towards that amount of money for the time he spends in jail."

"Barkley tried, he went through courts, he went through everything you can image, and he could not save his house, his family or anything else. He did the next best thing he could. He did what the Constitution of the United States allows us to do. And if we have to bear arms and go back to the Boston Tea Party, then I suppose that's how we got where we're at today."

"They don't do tapes of township meetings anymore because they can be brought into court. Then they vote on the minutes of the meeting at the beginning of it, where the people can't even talk. They may have a three-hour meeting, but we get to talk for three minutes and our comments aren't even put into the minutes. The public is not represented in our township."

"I don't know how productive it is to get into this. I think it's a separate issue as to whether or not there are concerns, legitimate or not, about the way meetings are run."

Kur, asked whether she could intercede with Judge Pajtas in the appeals process:

"Probably I could do nothing, because of the way the law is. My understanding of the appeal process is that Judge Pajtas will look at that record and take into consideration any paperwork that is filed and make a decision."

"We do it all the time in law. Why can't it be done now? Why can't there be some solution made by you and the township and the county and work with Mr. Barkley and say, 'Judge we're working this thing out. We're going to plea, we're going to bargain.'"

Pest, I assume that you're a Michiganian due to the posting of this topic which is not reported "downstate" (my part anyway)at all and probably not in the nation. It is an important issue and others should take heed.

As you probably well know, the issues described in this article about how local governments manage their meetings and deal with the public is not just common to northern lower Michigan. I see these methods of the local governments and their filthy low life hand maidens from organizations like Michigan department of environmental quality as nothing less than ursurpation of the rights of property owners and political rights of all citizens. I don't know all the details about this guy and his manufactured homes because its not reported clearly on the radio news "up north", but I wish this man God speed in his efforts. I am sorry that he involved the Michigan Militia, but perhaps that was his only hope. Please keep us up to date. thanks,

Here's an update that I missed last week. It gives a little insight into Taylor.

Barkley meets with officials today

BY FRED GRAY NEWS-REVIEW STAFF WRITER

CHARLEVOIX - Bay Township excavator Lyle Barkley and county and township officials were to meet at 10 a.m. today in an attempt to find a way of resolving a zoning dispute that has drawn the attention of militia groups intent on protecting what they claim are the constitutional rights of property owners.

Barkley said this morning he would like to see the matter referred to the township zoning board of appeals for a review of the case.

"The zoning administrator has not been working with us at all. He's been interpreting the ordinance the way he wants. It's up to the ZBA to do that," Barkley said.

Barkley has already appealed a district court ruling supporting the zoning administrator's finding that Barkley violated the zoning ordinance by moving three manufactured housing units onto his property.

District Judge Richard May ordered Barkley to remove the disputed housing units or face fines and jail. Barkley said today he stands by his previous vows to meet any attempt to remove the units with force of arms.

Barkley maintains he tried to follow the requirements of the ordinance but there had been a "misunderstanding" with zoning administrator Randy Frykberg about what he intended to do.

Barkley asked Alanson pastor Norman Olson and former township supervisor Bob Taylor to accompany him and his daughter, Kim, to today's meeting.

Taylor said he would like to see the township officials allow county building inspectors to work with Barkley.

"County building officials have told me they are willing to work with us and tell us what needs to be done. We need to come up with a program to allow Lyle to get his place ready for the winter," Taylor said. "Forcing them to pull their housing off the property is no answer."

Olson, a senior adviser to the Michigan Militia, said this morning about today's meeting: "I'm making no predictions. It's their call. They can have peace in the valley or a battle on Horton Bay, it's up to them."

Barkley has spent the last week working with Detroit contractor Dan Guilbeault in cleaning up his property as a show of good faith for today's meeting.

Sheriff George T. Lasater, who arranged this morning's meeting, said in addition to Barkley and his supporters, others attending the meeting would be Bay Township supervisor Larry Moeschke, county prosecutor Mary Beth Kur, county building official Ken Doty and himself.

"We want to maintain lines of communication and do some work on both sides. No one wants anybody to get injured," Lasater said.

Here's another one that quotes Taylor that I missed on September 24, 2003.

Barkley meeting with officials set for next week

BY FRED GRAY NEWS-REVIEW STAFF WRITER

CHARLEVOIX - Charlevoix County Sheriff George T. Lasater said today the meeting he promised to set up between disgruntled Bay Township property owner Lyle Barkley and township and county officials will take place next week.

Lasater said the meeting had tentatively been set for 10 a.m. on Thursday, Oct. 2, in the Pine Lake Room of the county building. He said he had invited the Barkleys, township officials, county prosecutor Mary Beth Kur and county building official Ken Doty to attend.

He said he would leave it to the Barkleys to invite a member of the Michigan Militia.

Lasater said once he had confirmation of all parties, he would release a list of participants and details of the meeting, including whether it will be open to the public.

"Things seem to have settled down," Lasater said.

Barkley, a 55-year-old excavator, has vowed to defend his family and property by force of arms should the township, backed by a district court order, try to remove three manufactured housing units from his property.

The Barkley case has brought national attention to the county, and threats from militia groups from Michigan and elsewhere to send their members to the Barkley property in his defense.

At a dawn meeting on Barkley's driveway last Thursday, Lasater promised Barkley and his daughter Kim, 22, that he would set up a meeting with all parties to the dispute. He also said he would not take any action against the Barkleys at least until the meeting had taken place and efforts had been made to reach a resolution.

Township attorney Jim Murray said today that although he had not yet been invited to the Oct. 2 meeting, he would be willing to attend "if it is a means to achieve an amicable resolution."

Murray said, however, that the sheriff cannot negotiate a solution regarding township zoning and he was not certain what the purpose of such a meeting would be.

Lasater said he would ask the elected township officials to attend or send a representative. "It's their decision," he said.

Barkley said today that while he had hoped the meeting would take place this week, the delay may have a positive effect.

"A little time may be good to let everyone cool off," he said.

Norman Olson, who attended the sunrise meeting as a pastor, mediator and senior adviser to the Michigan Militia Corps Wolverines, agreed there was no reason for concern over the delay.

"The delay shows me it's not as cut and dry, as simple, as some people think. I suspect the township people are trying to find some way to support their position.

"I think the drama in this whole thing is starting to rise. Who's the bad guy? We'll see. I hope the citizens are taking interest in this. It could happen to them next," Olson said.

County prosecutor Mary Beth Kur said she was willing to participate in any meeting the sheriff sets up. "But the fact remains, we have an appeal pending before the circuit court right now," she said.

Sherrie Selissen, the county's deputy civil court clerk, said Barkley's appeal of District Judge Richard May's Aug. 28th order backing township zoning officials was filed with the circuit court on Sept. 17.

She said Circuit Judge Richard Pajtas cannot hear the appeal until Barkley and the township attorney have filed their legal briefs, which may take several weeks.

"The appeal is not something that will happen right away," she said.

Bob Taylor, 65, a former Bay Township supervisor, said Lasater should be commended for his "measured response" to the situation.

"The sheriff has done an excellent job of warding off what might have been a very critical issue for people in all walks of life, including the people who live here, the various county and township officials, as well as the militia. I appreciate what he has done," Taylor said. "One of my biggest concerns in this is that we now have the township taking private property away from its residents and I wonder who's going to be next. We should all be concerned about this in our township."

He said that in 1997 a group of more than 100 township residents petitioned the county to put the zoning ordinance to a referendum of the people but the attempt failed as a result of misunderstanding with the county clerk over procedure.

"We never had a chance to challenge what was in that ordinance," Taylor said.

He said when he asked township zoning administrator Randy Frykberg for a copy of the Barkley citation, Frykberg said he should file the request through the Freedom of Information Act.

Taylor said he would like to see a grand jury investigation of the Barkley affair "because it includes judges, lawyers and government people up to the state level, and because of constitutional issues, may include federal levels."

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