Playing Ping Pong With The Judge, Part 3

A quick review of the court situation up until yesterday:

When the neighbors of Mostetler Road and Deer Lake objected to a Motocross Park in their backyards, the Hayes Township Attorney, David Dreyer essentially told them, get a lawyer and sue for redress because they were not going to get it from the Township.  It was David Dreyer and Hayes Township who sent the neighbors to the courtroom for redress.

The neighbors asked for redress in the form of a court injunction on Moto Mania while this was being sorted out. 

Judge Mienk granted the injunction which was to expire upon the decision taken by the Planning Commission.

The Planning Commission granted the Special Use With Restrictions to the Gamble-Longenecker Property.  Upon that decision, the court ordered injunction against Moto Mania Expired.  After that, Doug was free to develop as he pleased on the Gamble-Longenecker Property.  Until ....

Several Neighbors appealed the Special Use With Restrictions to the Zoning Board of Appeals, which, according to the Hayes Township Zoning Ordinance put a stay on all proceedings in furtherance of the action appealed.  That included all the continued development of Moto Mania.  (But Doug continued to develop Moto Mania anyway.)  Moto Mania was prepared to open in June.  The neighbors let the continued development go, but they objected that opening would violate the stay.  The stay was reluctantly enforced by the Township.

Doug filed a petition to the judge to lift the stay.  His court date fell 2 days before the June Zoning Board of Appeals meeting, Judge Mienk declined to lift the stay, deferring to the Township's own process.  That trip to the courtroom was courtesy of Doug Longenecker.

The Zoning Board of Appeals could not field a quorum to decide, and the stay remained in place because there was no decision taken at that time.

The Zoning Board of Appeals met again in July.  They voted and were deadlocked 2-2.  So no decision was taken and because the Special Use with Restrictions was still in appeal, the stay remained in place.

Mr. Dreyer saw an opportunity to put the matter in front of the judge once again and to try to get Judge Mienk to decide the matter.  The judge declined to decide the matter, handing it back to the Township for their action.  The stay remained in place because the Special Use With Restrictions was still in appeal.  That trip to the courtroom was courtesy of Mr. Dreyer and the Township.

In Aug, Doug violated the stay by having a Polaris sponsored event at Moto Mania.  The neighbors objected to the violation of the stay, and complained to the zoning Administrator, Jim Van Wormer, who took the matter to Mr. Dreyer.  Mr Dreyer was apparently confused about whether there was a stay or a court ordered injunction on the property, and what the parameters of the stay or injunction were.  (The Township didn't want to enforce their ordinance and Mr. Dreyer wanted the judge to tell him specifically what they could get away with not enforcing.)  So Mr. Deryer decided to file to get back on the docket to have the judge determine if the stay had been violated and what the parameters of the stay were.  That court date was yesterday, once again, courtesy of Mr. Dreyer and the Township.

To say the least, the judge was not amused.  He determined that Doug had indeed violated the stay by having the Polaris event.  It was not a court ordered injunction; that had expired in May.  It was the stay that was according to the Hayes Township Zoning Ordinance, and Judge Mienk had to remind Mr. Dreyer to read the Ordinance.  There was no wiggle room.

Judge Mienk pretty much made it clear that this mess belonged to the Township to decide.  His volley put the ball once again in Hayes Township's court.  And in doing so, made it a trip to the woodshed for Mr. Dreyer and the Township. 

Here is a prediction:  Mr. Dreyer's Hail Mary Pass will be to advise the Township that they need to pull the Special Use With Restrictions based on the violation of the stay.  He'll be hoping that pulling the Special Use will make the neighbor's court case go away, and the corruption, of which he is most certainly aware, will not come to light.  He'll be betting that Doug doesn't have the will or the money to continue with a case that is questionable at best based on Doug's actions so far. 

But that's if the neighbors don't settle out of court with the Township's Insurance Company.