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December 1999 December of 1999 was the biggest single achievement in 18 years of the land movement. In December I was involved with two court cases that were for building code violations. The first one was a federal case, in Detroit, Michigan. Mike Wyckstandt of Goodland Township, Lapeer County, Michigan, was the defendant. That case was December 8, 1999. The case was very well put together; it was very easy to understand. The case started out with the land patent. Michael was pro se. As he proceded the judge became less interested in what he had to say. In fact the judge was seemingly upset. He interrupted Michaels pleading and made his ruling, to send the case back down to the lower court. Michael did get to ask the Judge where the law is that gives the local political subdivision jurisdiction over the federally patented private land, he stated very clearly, “I don't know”. We have seven witnesses to testify to that. We don't have the transcript yet but it is on order and we will see if it is there. And yet he ruled against Mike. Mike did not get a chance to plead the 42 USCS 1982. We left the courtroom feeling very bad. We know we did not get our day in court. At this point we did not know what to do next. We stopped on the way home to have something to eat and to discuss what happened in court. We discussed many things and we realize that we were asking for the entire apple. If the judge had ruled in Mike's favor, all of southeastern Michigan would have been without building codes. And without the huge amount of money that would come into the government coffers. That would've been too much of a shock on the government to stand. This does not mean that the land patent is a dead issue, it is well and good and valid. To use the land patent it will work very well when used for a single parcel of land. Like stopping eminent domain. Our government is so out of control that even the courts cannot rectify it. The other was, a State Court Case. It was in the Oakland County, Michigan, Circuit Court. This case started out Dec. 15th, 1999. This is another pro se case. This case is Eric Jeffrey v. White Lake Township. He went to the Township to get a permit to rehab his house. He found as he was going along, his house was not sound enough to rehab it. He went back to the Township and asked for assistance in resolving this problem. He had already taken the house back down to the foundation. The Township did not seem to want to work with him to rectify this situation. So he felt it there was only one solution and that was to start building the house without a permit. He was living in an apartment, with limited number of days to live there. The building inspector put a stop work order on the house. Then a court order to stop building on the house, he ignored that too. Then he went to court. The proceedings started. The prosecutor gave opening statements. He had two code enforcement officers on the witness stand. He asked them several questions about the violation of the building codes. He asked about working on the house with a stop work order from the court. Then the judge asked her clerk” where are these peoples pleadings”. The clerk told her they were in the office she had forgotten them. The judge then postponed the case for two weeks. On the 29th of December 1999 he went back to court. Eric went in and sat down in the Docket. The prosecutor got up and gave his pleadings. The judge said a few words and then began to read her opinion. When she was through reading her opinion, she told Eric, to go get a building permit. End of hearing. Eric did not get to say ONE WORD in his defense. Had Eric had his day in court as he was supposed to get, he was not going to talk about the land patent. He was going to talk about the 42 USCS 1982, 1983 and 1986. Eric knew if the land patent did not go in a federal court it was not going to go in the state court. The civil rights status seems to be something the elected and appointed officials do not want to hear. All court orders are in writing. What we have learned is we're going to have to get our rights back in the same manner as they were taken away from us, a little bit at a time. When we are served papers for code violations. We will have to notify the person who signed the papers and their superiors that we will file civil rights violations using the 42 USCS 1982, the 1983 and the 1986. Tell them they will be sued personally and individually. Notify them they are working under color of law and they have no qualified immunity. Here is how I handle a violation. When the person contacts me with an oral stop work order. I use a civil rights package, consisting of all of the things that are located at: http://www.landrights.com/42USC1982.htm I print everything out with the exception of the long cases. If the cases are more than eight pages long, I only use the first eight pages. You have to remember these people are not taught law, so give them all of the court cases and sites and footnotes that are in the 42 USCS 1982, 1983, and 1986. You should put proof of service with all of these documents. If it is possible, set up a meeting to discuss this legal material with their attorney and the head of the department that gave you the warning to stop work. Let them know this is a civil rights violation on their part, and if they persist you will file civil rights violation in the federal court using the material you presented them with. After a few of these people are sued successfully the government will be hard pressed to get people to serve papers on real and personal property violations. I live in a house that is 165 years old. I live in a historical district. Any changes to any house or building are suppose to go before the historical district for permission to make any changes. I do not ask them for permission to do anything. I do not update any construction that I do. I maintain the structure, as it was when it was originally built. To maintain a window, I duplicate the original, to all dimensions. This keeps the house to its original structure. I have a new garage, which was built over the original. The garage is within keeping of the house in its structure. I did not get a permit to tear the old garage down, nor to put the new one up.
I had no inspections on the structure or the electrical. The day
we put the tin on the roof, the building inspector drove by, within 25
feet of me, to give the lady in back of me her permit to use her deck,
that she got a permit to build. If you have your ducks in a row
and they know it, they will leave you alone. Bill
Munro Email:
land@landrights.com |
KNOW YOUR LAND RIGHTS!
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