Sunday, February 20, 2011

Legal Representation

It is a well known fact that David Dreyer of the law firm Dreyer, Hovey & Diederich, LLP represents Hayes Township in all legal matters. 

Sometimes I have to wonder just exactly whose best interest is Mr. Dreyer working toward? 

I have often said jokingly to my friends in Harrison that Hayes Township is sometimes incestuous in the way it operates and conducts its affairs, and I'm afraid that the legal representation is not immune from the phenomenon.  Dreyer, Hovey and Diederich is a common denominator in several equations regarding the Moto Mania situation. 
Mr. Todd Diederich of Dreyer, Hovey & Diederich, LLP was appointed by the Hayes Township Board of Trustees to be a member of the Planning Commission on 15 Apr 2008.  Apparently nobody thought twice about the potential for a conflict of interest when they made the appointment. 

What I find interesting is that the date on the top of Mr. Diederich's application to become a member of the Hayes Township Planning Commission is 8 July 2008, almost three whole months after his appointment.  This is the cart before the horse.  This is another incident in an ongoing pattern of behavior throughout the entire Hayes Township government.

Mr. Diederich was present at and participated in most of the usual Planning Commission meetings, and things hummed along pretty well.  Until...

I find it interesting that whoever convened that Special Meeting of the Planning Commission on 21 Oct 2009, (and we still don't know who that was), either did not inform Mr. Diederich of the meeting, or Mr. Diederich had the smarts to see a potential problem of a conflict of interest and not attend the meeting.  This was the original meeting at which Doug Longenecker's request for Special Use on the then-Kenneth Gamble Trust property was first approved by the Planning Commission.  He may not have been present, but it happened while he was a member of the Planning Commission.  He had to have known that something wasn't right about it, and did nothing.  

On 12 Jan 2010, Mr. Longenecker entered into a Land Contract with Mr. Gamble for the property on Mostetler Road.  Papers were filed at the Clare County Courthouse the following day. 

About the time the first harescramble race was held on the property on 27 Feb 2010, the Mostetler Road and Deer Lake neighbors started looking into what was going on.  They were angry to find out that in an unannounced special meeting of the Hayes Township Planning Commission, a Special Use for a Motocross and ORV Racetrack was granted to Mr. Longenecker, right under the noses of the neighbors who would have liked to have been informed and had a say in the matter.

In 2 letters dated 11 March 2010, Mr. Diederich tendered his resignation from the Hayes Township Planning Commission, in order to avoid a potential conflict of interest, effective immediately.  One letter was written on plain copy paper and the other was on the Dreyer, Hovey & Diederich, LLP letterhead.  Word must have gotten out that the neighbors of the new motocross track were angry and looking into it.  This was just five days before it hit the fan at the 16 March 2010 Board of Trustees Meeting.  Nowhere in the minutes of that Board of Trustees Meeting is Mr. Diederich's resignation from the Planning Commission reflected.  Why not?  Was it not important enough to reflect in the minutes?  I was at the meeting and to the best of my recollection, Mr. Diederich's letter of resignation was never read or brought up.  It's almost as though they didn't want to remind anyone that a member of the law firm that represents the Township was sitting on a board.  After watching all the players in action at Hayes Township and watching Mr. Dreyer represent Hayes Township, I have to conclude that this oversight, combined with the stealthy resignation, was intentional.

All of this has pretty much shielded Mr. Diederich from scrutiny, although it has not gone unnoticed that Mr. Diederich is a fan of Michigan Moto Mania on Facebook.

I have watched Mr. Dreyer represent Hayes Township and do things that made me wonder where his true alliances lie.

Because the elected officials have appeared too afraid to make a move without Mr. Dreyer's permission for fear of legal repercussions, Mr. Dreyer is, for all intents and purposes, running Hayes Township, and making some questionable legal calls.

I believe that Mr. Dreyer has some competing interests with regard to Michigan Moto Mania.  He is also trying to cover his own backside and that of his law firm.  Self interest and and the interest of his client, Hayes Township is a tightrope Mr. Dreyer has been masterful at negotiating.  He has been collecting a nice fat paycheck lately form Hayes Township in running a defense against two lawsuuits regarding Michigan Moto Mania.  By taking the matter to Judge Mienk, he has effectively dragged this whole thing out (making his pocketbook fatter at taxpayers' expense) and also potentially shielded his client from responsibility.  In doing so, he was trying to get Judge Mienk to do the Hayes Township government's job for them.  He attempted to pass the buck to Judge Mienk several times, and Judge Mienk would have none of it.

Mr. Dreyer and the Hayes Township government leaders seem eager to try to make Michigan Moto Mania a part of the Hayes township community on Mostetler Road.  Mr. Longenecker wants a chance to open his business in the wrong place.  Hayes Township wants a business that will "save" Harrison's economy.  Mr. Dreyer wants what's in his own best interest.  It's in Mr. Dreyer's best interest to keep his clients happy.

Mr. Dreyer has the reputation of being the best real estate attorney in Harrison.

Doesn't Dreyer, Hovey & Diederich, LLP represent Ken Gamble?

I wonder who represents Harrison Realty?

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