Moto Mania Propaganda as Printed in the 7 April 2011 Clare County Cleaver Debunked

According to the latest propaganda piece in the Clare County Cleaver, (aka the Moto Mania PR and Propaganda Rag), by Genine Hopkins, “despite the hopes by some Hayes Township Officials” – (John Scherrer?  Lee Dancer? Lyle Criscuolo?), “that the controversy surrounding Michigan Moto Mania had passed,” the neighbors have exercised their right to appeal the decision made by the Hayes Township Planning Commission to grant Michigan Moto Mania Campground and Resort a Special Use Permit without conditions. 

Really?  Did they really think we wouldn’t?  Once again we have to go through the motions of trying to make the “system” work before we abandon the system altogether and resort to court.  That means, Genine, the appeal has to go to the Zoning Board of Appeals first.  So Michigan Moto Mania must “suffer another appeal.”  (Very dramatic, Genine).  Just like the neighbors had to suffer another SUP application.  But hey, misery loves company.   

Since this Moto Mania business was snuck through in an unadvertised, last minute, hushed up meeting back in October 2009, the legal battle has only been going on for a little over a year.  (The Collins’ lawsuit was filed on 7 April 2010.)  It has not been “ongoing for the past two years” as Genine claims.  (I know.  It just seems longer when an SUP that was never supposed to be granted in the first place keeps raising its ugly head in some new mutation.  Son of Moto Mania.  Moto Mania, the Campground and Resort version.)  If it's overturned on Friday, I wonder how it will be reincarnated next time around?

"This legal battle, which has been ongoing for the past two years, has been a thorn in the side of Hayes Township, ..."

Genine exaggerates the timeframe.  What’s the matter, Genine?  Don’t you trust people to think for themselves?  If all you did was lay out the facts for them, both pro and con, what would happen?  Oh, right.  Nobody knows because you can’t tell it without trying to influence it.

This “ongoing legal battle” may well be a thorn in the side of Hayes Township, but it is a thorn of their own making.  Perhaps they should have thought about it before they bent the rules in the first place.

“MMM’s original application, although it could have fallen under resort, was applied for as a park, which has to be publically owned in order to qualify for an SUP under Hayes Township ordinances,” according to Genine Hopkins.  Wrong again, Genine.  That Doug Longenecker applied as a park instead of as a “resort” is an illustration of the fact that he just didn’t do his homework and went into this endeavor half cocked.  A privately owned park run as a business doesn’t get the same consideration as a publically owned not-for-profit park.  He applied as a “park” without realizing that there were any legal implications whatsoever.  And with key personnel in key positions on the boards, why would he have to worry about that?  I’m sure he was guaranteed to be a shoo-in when he looked at the property, hence his initial lawsuit, which he has since dropped.  (Let's see if he files a new one if his SUP is overturned again.)  Because that’s the way we do business here in Hayes Township.  Always have.  Until some neighbors called foul. 

No doubt that along with “taking their time” or appearing to do so by dragging the so-called process out for three weeks in a row, certain members of the Planning Commission probably coached Mr. Longenecker about just how to word things; assisted of course by Mr. Longenecker’s legal counsel and possibly other interested parties.  Genine with her law classes seems intimately familiar with all the details, whys and wherefores of Mr. Longenecker’s latest application.

I have no doubt that the Planning Commissioners went to Mr. Longenecker’s property. Some of their comings and goings have been noted.  While they may have “extensively interviewed” Mr. Longenecker, their due diligence was lacking in the “extensive interviews” of the neighbors.  None of us remember having any “extensive” conversations with any members of the Planning Commission, unless Mr. Criscuolo soliciting input from Matt Scheffler and Kimberly Kusiak constitutes an “extensive interview” or an attempt “to determine if some kind of compromise was possible.”  In the end, the input provided by those two neighbors was moot since it was never discussed in an open forum.         

“According to Hayes Township’s ordinances, the appeals time is only days, but township attorney David Dreyer adjusted the appeals time to reflect that of the Michigan Zoning Enabling Act, which provides for a full 30 days for an appeal.” 30 days seems to be a reasonable time to appeal a decision made by the Planning Commission.  Sometimes it takes some time to have a lawyer word the appeal.  If the Hayes Township Zoning Ordinance provided less time than the Michigan Zoning Enabling Act, that would have left Hayes Township vulnerable to a lawsuit for not providing enough time for an appeal to be filed.  It was a prudent thing for Mr. Dreyer to do.  But if needs be, the HTZO should be amended to comply with the MZEA.

In all of her biased writings, Genine continues to refer to the neighbors as “the opposition”, reminding us of her personal biases and the biases of the Cleaver in trying to cast the neighbors in a negative light.  In opposing Moto Mania, we are also opposing the misapplication of the Hayes Township Zoning Ordinances to serve an agenda.  We are in opposition to the bending and breaking of the law when it suits the purpose of our local government leaders.  The fact that this kind of thing, even to achieve a desirable end is tolerated, is worrisome for Hayes Township.  It is no wonder with all the scofflaws representing Hayes Township in local government there is so much more crime in Hayes Township than almost all of the other townships in Clare County combined.  Where there is lax enforcement, there is more crime because the criminal element has learned that the odds of getting away with it are greater in Hayes Township.  The people of Hayes Township have poor examples set for them by their elected and appointed leaders.     

“Although the opposition continues, there is a general belief that since no errors were made,  and the plan for MMM now includes a wider array of activities that are more in line with the exemptions, the appeal may lack the legal standing of the first appeal.”  Really Genine?  Where is this “general belief” coming from, except in your own mind, and in the minds of your colleagues at the Moto Mania PR and Propaganda Rag?  Is this “general belief” shared by the several biased members of the elected and appointed Hayes Township boards?  And this “general belief” is based on whose legal expertise among the general population of Hayes Township?  Yours?  This new application with the new pretty words is the exact same SUP as the last one with window dressing added.  Motocross and ORV riding and racing have not been removed from the equation at all.  (Without restrictions, remember?) Other things have been added, but nothing has been removed. 

“In the appeals document, the parties…cite conflict of interest for new Planning Commission member Wesley Kenney, …” Yes, we have pointed out Wesley Kenney’s conflict of interest  - his business was the very first business listed in the support ad published in the Cleaver on 29 Apr 2010.  How is that not bias and a conflict of interest?  Especially if Mr. Longenecker avails himself of Mr. Kenney’s landscaping services in the future?  One can hardly call Mr. Kenney unbiased.

We have also pointed out Don Atkinson’s conflicts of interest. 

Lee Dancer has admitted to hoping to get some wells out of Moto Mania. 

I’d like to know how Genine knows about a cross that was erected and has since “fallen down” (of its own accord, I’m sure) on the Collins’ property.  Has she been trespassing on the Collins’ property to see it for herself?  It is interesting that the cross was discovered as having “fallen down” about a week and a half before the news of it was printed in the Cleaver.  The Collins’ were out of town at the time it was discovered that it had “fallen down” by a caretaker.  By the time the Moto Mania PR and Propaganda Rag went to print, the cross had been erected again.  You got it wrong again, Genine.     

“The majority of local citizens hope MMM can finally open, bringing tourists to the area and creating jobs for the many unemployed in the area.” 

Let’s break that down: 

“The majority of local citizens…” – How many of these “local citizens” are paying property tax in Hayes Township?  There are a lot of “local citizens” who neither reside nor pay taxes in Hayes Township.  Why should these people have a voice in what happens in Hayes Township? 

“…hope MMM can finally open…” - They want to play on someone else’s property in someone else’s back yard with their noisy toys.

“…bringing tourists to the area…” – more people, not form around here who want to play on someone else’s property in someone else’s back yard with their noisy toys.

“…and creating jobs for the many unemployed in the area.” -  Do you really believe that the “many unemployed” (all of them) will be put back to work as soon as MMM opens its doors?  I have a bridge I want to sell you.  Just exactly what are these jobs that will be opening up on April 16 if Moto Mania is not overturned by the ZBA?  I’d like to see a list of all of those job descriptions and what the pay and benefits are for all the unemployed people of Harrison (besides potentially Wes Kenney and Lee Dancer, and whatever construction company Mr. Longenecker has building stuff for him - these are people who are not unemployed.  They already have their own work in other places besides MMM.).   Those want ads should be out on the PR and Propaganda Rag in the 21 Apr 2011 edition if the ZBA does not overturn the SUP.  Those job descriptions with pay and benefits scales should be available for the ZBA to look over in time to make their decision. Why doesn’t anyone ask Mr. Longenecker to produce them?  How many of the unemployed are there in Harrison and how many actual jobs are going to materialize? 

“An economic impact study conducted by the Outdoor Industry Foundation, that points to a study of the economic impact of outdoor resorts and activities in the state of Wisconsin, similar to the activities that MMM will be offering.  This study was attached to the application as proof of the economic value of MMM to the area.”  The entire Outdoor Industry Foundation study was not attached to the MMM SUP application.  Just a single page with a couple of sentences underlined from a document by Dick Ramey that is at least 9 pages long.  This document references the study and may or may not be relevant.  This is what was attached to Mr. Longenecker’s SUP.  Wisconsin is not Michigan.  The heavy local support is what has been whipped up by the pro-Moto Mania bully pulpit of the Cleaver and Steve and Peggy Rauch, along with Genine Hopkins.  Michigan Moto Mania has been hyping it up on facebook to people who don’t even live in Harrison. 

Instead of taking a commonsense approach to the growth of business in this area, the preferred method seems to be to foment hysteria about neighbors fighting a noisy business going into an area not zoned for it.  How much more of a win-win could it have been if Hayes Township and Harrison and Clare County combined their efforts to help Mr. Longenecker find the right place, properly zoned rather than force feeding the neighbors this business in their neighborhood and calling it good.  A lot less money would have been spent by everyone.

 

A Civics Lesson for Jason Liptow

The Mostetler Road and Deer Lake neighbors have exercised their right to appeal the Special Use Permit granted to Doug Longenecker to run a “campground and resort.”  This “campground and resort” is really the same Motocross and ORV business that has already been overturned, with camping and resort-like activities thrown in.  Jason Liptow chides the neighbors on the Michigan Moto Mania facebook page:

“Closed-minded selfish people never took a civics class that taught the good of the many outweighs the good of the few. You want peace and quiet and poaching off others property, move to Wyoming where the wolves just might eat you for dinner. So sick of these narrow-minded people who have no understanding of the positive effects such a place will have on this county.”

Mr. Liptow’s friends Cathy Harper-Hayden, Grant Charville, Dan Schoch and Laura Murphy-Taylor agreed with him. 

Where I went to school, I learned that the Founding Fathers espoused the rule of Law and the rights of the individual.  I also learned that my individual rights do not extend beyond the end of my nose, which I hold to be true for all individuals.  No one has the right to do what is wrong.  In my civics class, I learned that the laws are in place to protect the rights of the individual.  Laws are declared unconstitutional when they infringe upon the rights of the individual. 

“The good of the many” is Utilitarianism and harks more toward National Socialism than it does toward a Democratic Republic. 

The phrase “Gemeinnutz geht vor Eigennutz” (The common good before self interest) was popularized in Rudolf Jung’s book Der Nationale Sozialismus (National Socialism)  Since when is Rudolf Jung one of the Founding Fathers? 

This was the philosophy upon which Adolf Hitler’s economic policy was based.  Personal profit was subordinate to the ends of the state in Hitler’s Germany.   Any business owner who pursued his own self interest found himself in a concentration camp or sentenced to death.  This official decree, “Gemeinnutz geht vor Eigennutz” was stamped into the rim of the Reichsmark coins from 1933 to the end of WWII.

The common good before the private good; or to paraphrase using Mr. Liptow’s words, “The good of the many outweighs the good of the few.”

That Mr. Liptow and friends blindly embrace this philosophy I find troubling.

I find it troubling for several reasons, not the least of which is the fact that Mr. Liptow has run for public office (State Representative, District 97).  During his campaign, Mr. Liptow used the Moto Mania debacle to make political hay while pandering for votes among the Moto Mania supporters.  By latching onto the popular appeal of the misplaced business, Mr. Liptow hoped to propel himself into office.

Equally troubling is the fact that Mr. Liptow used to teach economics at Mid-Michigan Community College before he was fired for cause (unprofessionalism).  I am relieved that Mr. Liptow did not teach history, government or civics.  Given the origin of the philosophy, I find it very unsettling that he taught economics.    

I have heard Moto Mania supporters talk about “Democracy” and “majority rule”.  What happens when the so called majority collectively and repeatedly breaks the law?  Mob rule, anarchy, and a lack of respect for the rule of law.  This kind of thing turns those in charge of governing into dictators and those in charge of law enforcement into thugs.      

Mr. Longenecker’s right to run a business is not in question.  Where he wants to establish his business is.  There is a zoning ordinance for a reason.  It is there to protect the rights of people who own property and pay taxes.  It is there to assure that communities grow in a controlled and intelligent manner, not in a haphazard manner.  Certain types of business do not belong in residential areas, rural or otherwise. 

The damage to the environment, traffic, noise and fumes from Mr. Longenecker’s business infringes upon the rights of nearby property owners.  Our property values are going down while our tax assessments are rising because of the presence of a Motocross/ORV business in the neighborhood.  Our right to hunt and enjoy our property in peace and quiet is disrupted by the presence of a Motocross/ORV business in the neighborhood.

Mr. Liptow and friends consider us “close-minded,” “selfish,” “narrow-minded” and in need of a civics lesson because we are defending our rights. 

The unsubstantiated, unproven and repeated allegations of poaching go to the maxim that if a lie is repeated often enough and loud enough it will be believed by those who do not bother to check the facts for themselves. 

The comment about moving to Wyoming and wolves eating us for dinner, is just plain petty and panders to the pettiness of others.  (Mr. Liptow’s professionalism is showing once again).

We do have an appreciation of the good a business like Moto Mania might do for Clare County.  If Mr. Longenecker had been encouraged by community and business leaders to put it in a better and properly zoned location, the neighbors on Mostetler Road and Deer Lake would be among the cheerleaders for such an endeavor.  Once again, we are not against such a business where it belongs.  We are against it where it does not belong.  As always, this point falls on deaf ears. 

Zoning Board of Appeals Meeting Set

There will be a public meeting of the Hayes Township Zoning Board of Appeals on Friday, 15 April 2011 at 7PM.  Appeals have been filed concerning the Hayes Township Planning Commission's recent decision to grant a Special Use Permit without restrictions on the Gamble-Longenecker property on Mostetler Road.  The public meeting will be held at the Hayes Township Civic Center.

Also, a new Zoning Administrator has been appointed in Hayes Township.  Rod Williams, who is also the Zoning Administrator for Surrey Township assumed the job vacated last December by Lisa Stager.

 

Word to the Wise II...

People who violate stays do so at their own risk... 

Not Much of a Court Case

Not much really happened in court today.  Only a few people showed up.  Of the lawyers, only Hayes Township's attorney David Dreyer even bothered to show up.  Jaynie Hoerauf has officially resigned as Doug Longenecker's attorney.  Mr. Longenecker has dropped his $1.2 million lawsuit against Hayes Township and Judge Mienk has dismissed Mr. Longenecker's case. 

There is, however, a stay on the Moto Mania property because of an appeal to the Zoning Board of Appeals. 

Mr. Dreyer assures the neighbors (for what that's worth) that Mr. Longenecker must follow and abide by the law.  (This time.)  Not that it matters much.  Hayes Township has a poor track record when it comes to adhering to and following and enforcing their laws.  I don't expect anything has really changed.  It's just more lip service. 

Finally...

At long last, the illegal sign has been removed from the entrance of Michigan Moto Mania.  I wonder if Hayes Township is going to make him pay the fines he owes for having it up well past the time it was supposed to have come down?  There should be a fine assessed for every day past the notice he received from Lisa Stager back in November.  Jim VanWormer should have cited him the day after the sign went up months before that.  Probably not.  They have waived just about every fee and fine they can for Mr. Longenecker. 

I wonder if they overlook the fees and fines for everyone or are they just playing favorites?   

Hayes Township seems to be trying to shield Doug Longenecker from as much expense as they can.  Too bad Mr. Longenecker is not in a hurry to return the favor.  He is not concerned with shielding the taxpayers of Hayes Township from the expenses they are incurring because of Michigan Moto Mania.  He is still suing Hayes Township (you the taxpayer) for $1.2 million.  Court date is 21 Mar 2011.  Unless some kind of stall tactic is employed.

Did your tax assessment go up?  The money has to come from somewhere.  It's coming out of your pocket.

You have the elected leaders of Hayes Township to thank for that.

Even Chairman Lyle Criscuolo of the Planning Commission is not immune.  Those upgrades and expansion of his business this past year have exposed him to more tax liability too.  Be careful what you ask for.  You just might get it.

So I was wondering...

Why, in light of this recent "victory" being celebrated by the Moto Maniacs, does Doug Longenecker's lawyer, Jaynie Hoerauf want to quit the case?

She has written a letter to Judge Mienk asking to quit as Mr. Longenecker's attorney.

Maybe she knows that the only place Mr. Longenecker has a prayer is in the court of public opinion, in the minds of the Moto Maniacs who cannot see past their frenzy to ride and race long enough to realize how wrong this whole thing is. 

Mr. Longenecker's victory must be ringing pretty hollow right about now. 

The Hayes Township Planning Commission handed him everything he and the maniacs wanted on a silver platter.  But they all have to know that this is not the end of it and the neighbors are not going away. 

We will be appealing to the ZBA.  Once again, like last time around, per the Hayes Township Zoning Ordinance, there will be a stay on the property until the ZBA takes its decision.  Mr. Longenecker knows this, even if the Moto Maniac lemmings do not.

So here's the dilemma:  If Mr. Longenecker maintains his $1.2 million lawsuit against Hayes Township his claim will be greatly diminished.  The Hayes Township leaders do not seem to have it figured out that he's suing them and he is not their friend.

The Planning Commission just gave him his motocross park - er... campground and resort.  Without restrictions.  Carte Blanche. 

Anyone who doesn't think that wasn't a carefully orchestrated performance by the Planning Commission is fooling himself.  Mr. Criscuolo worked around Nola Hopkins (who is showing signs of thinking for herself), and Lee Dancer who seems a bit shaky these days.  No matter.  Mr. Criscuolo has four other staunch enough supporters of Moto Mania that he could afford to vote last and give himself plausible deniability when it comes time to testify in court that he voted against it.  His record to date suggests that he is not against it.  He wanted to put restrictions on it and then approve it.  That's what he will claim.  He knew by the time he cast his vote which way the vote would go and they didn't need his vote to carry the motion so he threw his vote away.  Very pragmatic of him. 

But I digress.  The bottom line is, the latest decision from the Planning Commission has rendered Mr. Longenecker's lawsuit moot.

When Judge Mienk asks why he's continuing with the lawsuit when the Planning Commission just granted him everything he wants, what is Mr. Longenecker going to say?  How big will any settlement be?  I'm guessing not too big because the judge told him to continue development at his own risk back in April of last year.  And the current status in the "system" has a Special Use with no restrictions in Mr. Longenecker's hands.

A small settlement means that maybe he can't pay his legal fees. Maybe that's why Ms. Hoerauf wants off the case.  She's not working pro bono. 

What happens if Mr. Longenecker drops his lawsuit against Hayes Township?  Well then he runs the risk of not having a lawsuit in play if the Zoning Board of Appeals overturns this second Special Use.  The likelihood of that?  About the same as the last one, and for the same reasons.  If they overturn it again, and Mr. Lonngenecker has no lawsuit in play then if (when ) he files a new lawsuit, it looks like he's trying to extort the Township because they didn't give him what he wanted (twice).   

And Ms. Hoerauf will have to stand in line along with all the rest of Mr. Longenecker's other creditors to get paid.

Maybe Ms. Hoerauf wants to stall the court date and get it pushed back until after March 21, 2011 (his latest court date coming up.)  She may be "taking one for the team" so the court date will be pushed back until after Hayes Township can convene a Zoning Board of Appeals meeting.  Her request about 2 weeks out (10 days as of today) is interesting timing.  She may not have been too keen about representing Moto Mania anyway, and now that Mr. Longenecker has Ghazey Aleck representing him, it kills two birds with one stone.  It sure beats asking the judge to push back the date while they wait and see what the ZBA decides in the inevitable appeal. 

If they ask the judge outright to wait until after the appeal, then it links the two special uses.  And Mr. Longenecker and presumably his legal team have gone to great lengths to keep these two Special Use Permits from being linked.  Asking for the delay also makes it look like extortion.  (I'll drop my lawsuit if I get what I want...)  If Judge Mienk allows the court date to wait until after the ZBA's decision, he may end up deciding both of them at the same time. 

For Mr. Longenecker, it's a craps shoot.

The latest shenanigans on the part of the Planning Commission all but guarantees that their decision will be overturned in court.  From (intentional?) procedural missteps, to conflicts of interest and blatant disregard for the advice of their insurance company's attorney and the professional opinion of their short-lived Zoning Administrator, maybe the goal is to make Judge Mienk the "bad guy" to take the heat off of the Hayes Township leadership, and Mr. Longenecker's continued grounds to sue the Township.  Again.  

Maybe Ms. Hoerauf just plain got disgusted with it all.

I wonder...