Page 4 - eagle073020

PAGE 4 ASSOCIATED NEWSPAPERS OF MICHIGAN July 30, 2020

BELLEVILLE - CANTON
BELLEVILLE - CANTON

Canton ‘tree ordinance’ is struck down by court

The lawsuit filed by attorneys zoning status of the property. ” Powelson, who sold the land to
for Canton Township seeking to “There is no dispute that The Fourth Amendment claim the Percy brothers, in a similar
collect nearly half a million dol- (they) failed to obtain a permit for federal lawsuit against the town-
lars in fines accrued as a viola- clearing the subject property,” is applicable as to a seizure of property ship. According to court docu-
tion of the township tree ordi- the judge said in her written to the extent that it is a meaningful interference ments in that case, F.P.
nance was dismissed by Wayne opinion on the lawsuit. “Here, Development LLC removed
County Circuit Court Judge the removal of trees requires with (the Percys) possessory interests. about 173 trees from 24 acres of
Susan Hubbard last week. replacement of trees on the prop- industrially-zoned property with-
The township had filed suit erty, replacement of trees some- out a permit. The trees were
against brothers Gary and Matt where else, or payment into the erty to the extent that it is a “Friday was a very big win for removed, according to the court
Percy who had clear-cut 1,500 tree fund,” Hubbard wrote. “The meaningful interference with our clients,” foundation attorney filings, in an effort to access a
trees from 16-acres of land they placement of this condition on a (the Percys) possessory interests.” Robert Henneke said. “I think clogged ditch which was causing
owned near Belleville and Yost property zoned industrial or light “As an initial reaction, we dis- you have the clear message being flooding. The township had
roads in the township. According industrial bears no relationship agree with the ruling and feel it sent by the court that the town- levied nearly $50,000 in fines
to filings by the township attor- to the aesthetics of the subject will have widespread and devas- ship of Canton was wrong.” A against Powelson in that incident,
neys, the clearing was in violation property, but only provides a ben- tating consequences for local gov- pending lawsuit claiming a viola- which was also dismissed by a
of the township ordinance which efit to Canton in the form of pay- ernments in Michigan,” said tion of the brothers' First federal judge. That matter is cur-
requires a permit for the clearing ment or planting of trees in township attorney Kristin Kolb. Amendment rights is currently in rently under appeal in the Circuit
of trees. The Percys were Canton's tree farm,” Hubbard She said that no decision on an the courts. In that filing, the Court of Appeals in Cincinnati,
attempting to start a Christmas wrote. appeal of the decision had been brothers claim the township and OH.
tree farm on the cleared land, “The tree ordinance as determined. Attorneys for the representatives of the township A federal judge ruled the
according to court papers. applied to (the Percys) is a consti- Percy brothers from the Texas harassed them after their story township's tree ordinance went
Hubbard ruled that attempts tutionally invalid regulatory tak- Public Policy Foundation, a con- was publicized in area media. too far and was unconstitutional
by Canton Township to oversee ing of the subject property. The servative group, said the decision Attorneys from the same group in that case, which is now with
the clearing of the land were Fourth Amendment claim is could impact all property owners represented F.P. Development, the 6th U.S. Circuit Court of
unconstitutional based on the applicable as to a seizure of prop- in the township. LLC, and owner, Frank Appeals in Cincinnati.
34th District Court candidates vying for 6-year judicial term

Candidates for election to the The 60-year-old Van Buren ” of this year. This is her second bid
judicial position at the 34th Township resident was elected in The names of the for election to the judicial bench.
District District Court will be on 2002, 2006 and 2014. He earned Taylor, 39, is a resident of
the ballot in Belleville, Romulus, his Juris Doctorate in 1985 from top two vote getters Romulus and has been a resident
Sumpter and Van Buren Tuesday. Wayne State University Law will then appear on the of the court jurisdiction her
The names of the top two vote School and his undergraduate entire life. She is the manager of
getters will then appear on the degree at the University of Nov. 3 General Election ballot. Taylor Law Firm and adjunct
Nov. 3 General Election ballot. Michigan Ann Arbor. professor at University of Detroit
Vying for the position at the Coutts is a 21-year resident of Mercy Law School.
court is incumbent David M. the area and currently resides in the court. Belleville Area District Library She earned her Juris Doctor
Parrott who is being challenged Van Buren Township He has a Day, 65, is a long-time resident attorney. from the University of Detroit
by Alexandria Taylor, Robet P. five-star rating with avvo.com and of New Boston with a law prac- Martin, 46, has been a resident School of Law, a bachelor of arts
Coutts, John R. Day and Lisa has practiced law for 30 years tice in Belleville. He earned his of Van Buren Township for 13 degree in psychology from
Martin, The 34th District Court after earning his Juris Doctor law degree, cum laude, at the years. She earned her bachelor's Michigan State University and a
handles cases from Belleville, degree at the University of University of Detroit School of degree form Harvard University master of business administra-
Van Buren, Romulus and Toledo College of Law and his Law following his bachelor of arts and he law degree from the tion from Eastern Michigan
Sumpter Township along with bachelors degree at Eastern degree with high honors at University of Michigan Law University.
out-county arraignments from Michigan University. He formerly Michigan State University. School. She was appointed as an The top two candidates will
Wayne County. served on the Van Buren Public Day has served as the attorney magistrate at the 34th appear on the Nov. 3 ballot vying
Parrott, the incumbent is com- Schools Board of Education. This Belleville city attorney, the District Court in May of 2018 for the 6-year term on the judicial
pleting his 18th year at the court. is his second bid for elections to Belleville prosecutor and the where she served until February bench.

Classified Legal Notice

TO PLACE YOUR CLASSIFIED AD CALL 734-467-1900 Romulus Community Schools
Attention: Food Service Management Companies
CATED ROUTES ROMEO Wanted to Buy or Trade
AND WAYNE DISPATCH, FREON WANTED: We pay
CALL KIRT 586-752-4529 CA$H for cylinders and The Romulus Community Schools is requesting proposals for school food service man-
EXT 1032 cans. R12 R500 R11 R113 agement services. The Food Service Management Company will provide management
1944 Ford R114. Convenient. Certified services according to United States Department of Agriculture (USDA) regulations and
Miscellaneous
Taurus SHO GENERAC Standby Professionals. Call 312- guidelines as well as State of Michigan Department of Education policies and guidelines.
586-1265
visit
or
70,000 miles, Generators. The weather is RefrigerantFinders.com
never driven in winter, increasingly unpredictable. Food Service Management Companies and/or their representatives may submit proposals
no rust, red with Be prepared for power out- to:
gray leather interior, ages. FREE 7-year extend- Need a job?
$9,500. ed warranty ($695 value!)
Call Schedule your FREE in- Looking to buy? Romulus Community Schools
313-980 5096 home assessment today. Looking to sell? 36540 Grant Road
Call 1-866-445-7237 T o subscribe to The Eagle call 734-467-1900. Romulus Michigan 48174
Special financing for quali- Need to rent?
fied customers. The Romulus Community School Board of Education reserves the right to accept or reject
Find it fast in any and/or all proposals or to accept the proposal that it finds, in its sole discretion, to be
Wesley Financial Group, in the best interest of the school district.
LLC Timeshare The Eagle’s
Cancellation Experts. Over
$50,000,000 in timeshare Classifieds. A copy of the RFP will be available by email at asrudolph@romulusk12.org by August 5,
Help Wanted - Truck Driver debt and fees cancelled in Call 734-467-1900 2020.
CDL-A DRIVERS WANTED, 2019. Get free information-
3 MONTHS MINIMUM al package and learn how to place your All proposals must be submitted no later than 10:00 am on August 21, 2020. All propos-
EXPERIENCE, EXCEL- to get rid of your timeshare! als should be delivered in a sealed envelope and addressed to the Romulus Community
LENT PAY, BENEFITS SIGN Free consultations. Over classified ad or email
ON BONUS, 401k, DEDI- 450 positive reviews. Call School District and be clearly marked: Food Service Management Proposal.
866-353-4896 ads@journalgroup.com.