shooterx10
Member
- Joined
- May 8, 2003
- Messages
- 159
Heck, it's HIS land! Some other 2nd Amendment supporters on other forums are calling this guy a "terrorist" and would give ammo to the anti-gunners. what do YOU think?
Bay Township resident threatens armed confrontation over zoning dispute
BY FRED GRAY NEWS-REVIEW STAFF WRITER
HORTON BAY - Lyle Barkley is bulldozing four-foot berms around his three acres in Bay Township and requesting support from conservative militia groups to prepare for a possible armed confrontation with county law enforcement officers over a zoning dispute.
The 55-year-old excavator vows that neither he, his family nor the three manufactured housing units in dispute will be removed from his property without a shootout.
Lyle Barkley and his daughter, Kim, stand in front of one of two manufactured homes that Charlevoix County District Judge Richard May has ordered removed from their property in a zoning dispute with Bay Township. Barkley and his daughter vow to fight any attempt to trespass on their property and have enlisted the support of private militia groups.
Last April District Judge Richard May granted a township request that Barkley be ordered to remove the housing units from his property on Camp Daggett Road.
When Barkley failed to act, May found him in contempt on Aug. 28 and gave him until next Thursday to comply or face 28 days in jail and over $7,800 in fines.
Barkley, who appeared in district court without an attorney, said May's decision at the request of the township amounted to an unconstitutional taking of his property.
He maintained that his property is "patent land" granted to the initial owner in 1871 by President U.S. Grant, and as such he has rights to do with his property as he wants, irrespective of zoning laws. He said May dismissed his argument and said he would not be allowed to appeal the order.
But unlike many who hold patent land and dispute any governmental authority over it, Barkley said he does not challenge the right of government to tax his land.
"I pay my taxes," he said. "But Judge May called my personal property junk, and so I feel I don't have to pay taxes on junk."
Barkley, a native of Charlevoix County, and his daughter, Kim, 22, live in separate houses on the property, and both are subject to the court order. They have extensive files on the dispute that go back years.
Barkley's predicament has drawn the attention of Norman Olson of Alanson, senior adviser to the Michigan Militia, and Rick Stanley, leader of the Denver-based Second American Revolution Militia "Mutual Defense Pact."
Olson issued a press release on Thursday, urging citizens throughout Michigan to become aware of what is taking place and to speak out in an attempt to forestall or stop armed conflict.
"Lyle Barkley is unlikely to run. He's preparing to defend. I admire his spirit," Olson said, adding he did not expect an armed confrontation to occur as a result of the court deadline.
"These deadlines come and go. It's a bunch of hype. But the situation stinks of crooked politics, corruption and favors," Olson said.
Stanley, reached in Denver, said Barkley is a member of his organization and could expect 670 armed supporters, including two dozen in Michigan, to come to his assistance within four days of the onset of an armed confrontation.
"Once he's defended himself and repelled any attack, we'll send our militia, the largest in the U.S.," Stanley said. But he said he considered it unlikely.
Charlevoix County Sheriff George T. Lasater said that as the chief law enforcement officer for the court, he would do whatever was required. But he said he did not anticipate the dispute would come to armed confrontation.
"I don't see this mushrooming out of control," Lasater said. "We'll do everything in our power to make sure there are no injuries, including to police officers, citizens and Lyle Barkley and his family."
Lasater said Barkley had sent him a notice over the weekend that if he trespassed on his property, he would be assessed a civil penalty of $1 million "to be paid in silver coin."
Lasater said on one previous occasion in the county several years ago a half dozen armed members of a militia group did appear to back a landowner, but the matter was settled peacefully.
Township supervisor Larry Moeschke and trustee Chris Monk said in an interview today that the township considers the matter one of compliance with the township zoning ordinance.
"Before he brought the manufactured homes in, he already had two single-wide homes legally on the property," Moeschke said. "He ultimately brought in two additional single-wide mobile homes and what we call a modular school house for a total of what we consider to be five homes on the property.
"The Bay Township zoning ordinance allows one single family residence but he was able to bring in the second home in the mid-1990s under a caretaker clause."
"What he was doing was not what he applied for," Monk said, adding: "There is no agenda, no favors. We're merely trying to keep the character of Bay Township."
Moeschke said the township doesn't have a blight ordinance.
"We're not trying to dictate to anyone in the township how their property should appear. All we want is simply compliance with our zoning ordinance," he said.
County building official Ken Doty said, "If there are no zoning permits and health department permits in place, we cannot issue building permits. It's that simple."
Randy Frykberg, the township zoning administrator, said the matter has been settled in court and is a matter of public record. He said he would have no further comment.
Fred Gray can be contacted at 439-9374, or [email protected].
Here is the link.
Bay Township resident threatens armed confrontation over zoning dispute
BY FRED GRAY NEWS-REVIEW STAFF WRITER
HORTON BAY - Lyle Barkley is bulldozing four-foot berms around his three acres in Bay Township and requesting support from conservative militia groups to prepare for a possible armed confrontation with county law enforcement officers over a zoning dispute.
The 55-year-old excavator vows that neither he, his family nor the three manufactured housing units in dispute will be removed from his property without a shootout.
Lyle Barkley and his daughter, Kim, stand in front of one of two manufactured homes that Charlevoix County District Judge Richard May has ordered removed from their property in a zoning dispute with Bay Township. Barkley and his daughter vow to fight any attempt to trespass on their property and have enlisted the support of private militia groups.
Last April District Judge Richard May granted a township request that Barkley be ordered to remove the housing units from his property on Camp Daggett Road.
When Barkley failed to act, May found him in contempt on Aug. 28 and gave him until next Thursday to comply or face 28 days in jail and over $7,800 in fines.
Barkley, who appeared in district court without an attorney, said May's decision at the request of the township amounted to an unconstitutional taking of his property.
He maintained that his property is "patent land" granted to the initial owner in 1871 by President U.S. Grant, and as such he has rights to do with his property as he wants, irrespective of zoning laws. He said May dismissed his argument and said he would not be allowed to appeal the order.
But unlike many who hold patent land and dispute any governmental authority over it, Barkley said he does not challenge the right of government to tax his land.
"I pay my taxes," he said. "But Judge May called my personal property junk, and so I feel I don't have to pay taxes on junk."
Barkley, a native of Charlevoix County, and his daughter, Kim, 22, live in separate houses on the property, and both are subject to the court order. They have extensive files on the dispute that go back years.
Barkley's predicament has drawn the attention of Norman Olson of Alanson, senior adviser to the Michigan Militia, and Rick Stanley, leader of the Denver-based Second American Revolution Militia "Mutual Defense Pact."
Olson issued a press release on Thursday, urging citizens throughout Michigan to become aware of what is taking place and to speak out in an attempt to forestall or stop armed conflict.
"Lyle Barkley is unlikely to run. He's preparing to defend. I admire his spirit," Olson said, adding he did not expect an armed confrontation to occur as a result of the court deadline.
"These deadlines come and go. It's a bunch of hype. But the situation stinks of crooked politics, corruption and favors," Olson said.
Stanley, reached in Denver, said Barkley is a member of his organization and could expect 670 armed supporters, including two dozen in Michigan, to come to his assistance within four days of the onset of an armed confrontation.
"Once he's defended himself and repelled any attack, we'll send our militia, the largest in the U.S.," Stanley said. But he said he considered it unlikely.
Charlevoix County Sheriff George T. Lasater said that as the chief law enforcement officer for the court, he would do whatever was required. But he said he did not anticipate the dispute would come to armed confrontation.
"I don't see this mushrooming out of control," Lasater said. "We'll do everything in our power to make sure there are no injuries, including to police officers, citizens and Lyle Barkley and his family."
Lasater said Barkley had sent him a notice over the weekend that if he trespassed on his property, he would be assessed a civil penalty of $1 million "to be paid in silver coin."
Lasater said on one previous occasion in the county several years ago a half dozen armed members of a militia group did appear to back a landowner, but the matter was settled peacefully.
Township supervisor Larry Moeschke and trustee Chris Monk said in an interview today that the township considers the matter one of compliance with the township zoning ordinance.
"Before he brought the manufactured homes in, he already had two single-wide homes legally on the property," Moeschke said. "He ultimately brought in two additional single-wide mobile homes and what we call a modular school house for a total of what we consider to be five homes on the property.
"The Bay Township zoning ordinance allows one single family residence but he was able to bring in the second home in the mid-1990s under a caretaker clause."
"What he was doing was not what he applied for," Monk said, adding: "There is no agenda, no favors. We're merely trying to keep the character of Bay Township."
Moeschke said the township doesn't have a blight ordinance.
"We're not trying to dictate to anyone in the township how their property should appear. All we want is simply compliance with our zoning ordinance," he said.
County building official Ken Doty said, "If there are no zoning permits and health department permits in place, we cannot issue building permits. It's that simple."
Randy Frykberg, the township zoning administrator, said the matter has been settled in court and is a matter of public record. He said he would have no further comment.
Fred Gray can be contacted at 439-9374, or [email protected].
Here is the link.
