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  1. #1
    Elite Member
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    Sep 2009
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    4,236
    Location
    Murray, KY
    Tractor
    265 MF / JD 310B Backhoe

  2. #2
    Platinum Member
    Join Date
    Feb 2011
    Posts
    552
    Location
    Parish NY
    Tractor
    555DTC Farmall 200

    Default Re: How would you like to be this Home Owner?

    We had a similar incident up here a few years back. A person bought some land that had an abandoned road running to it and wanted to build a camp. The owner of the property wanted to fix up the road so he could have access to his property on his dime. The town owned the land around the road leading up to the property, and a member of the town board had neighboring land also. Sure enough they denied the permit stating the road ran through it's property. The landowner then did some research and took the town to court. The town lost and had to repair and maintain the road when he put his camp in. The road had been abandoned for 48 years, but was still on the town books and it seems they were getting aid from the state for it. The town was nearly bankrupted as they had to bring the 1 mile stretch of road back up to code.

  3. #3
    Elite Member 300UGUY's Avatar
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    Apr 2004
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    3,456
    Location
    Howell, Michigan
    Tractor
    Kubota L3400, Farmall H

    Default Re: How would you like to be this Home Owner?

    I live in Michigan, and I have followed this story for over a year. To me, it seems that the township governments lack professionalism. In this case one or more members of the local board or the clerk violated this guy's rights. This is why a lot of folks don't want to be on boards anymore. Another reason is liability - developers who don't get projects approved sometimes sue the township, and the board member's individually. So now even our township, the most rural, least populated township in the county, has a lawyer that gets paid as a advisor. On the whole, this thing is a clusterxxxx, spanning several years, and a couple generations of board menbers and township employees.

  4. #4
    Elite Member 300UGUY's Avatar
    Join Date
    Apr 2004
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    3,456
    Location
    Howell, Michigan
    Tractor
    Kubota L3400, Farmall H

    Default Re: How would you like to be this Home Owner?

    Quote Originally Posted by Clint S View Post
    We had a similar incident up here a few years back. A person bought some land that had an abandoned road running to it and wanted to build a camp. The owner of the property wanted to fix up the road so he could have access to his property on his dime. The town owned the land around the road leading up to the property, and a member of the town board had neighboring land also. Sure enough they denied the permit stating the road ran through it's property. The landowner then did some research and took the town to court. The town lost and had to repair and maintain the road when he put his camp in. The road had been abandoned for 48 years, but was still on the town books and it seems they were getting aid from the state for it. The town was nearly bankrupted as they had to bring the 1 mile stretch of road back up to code.
    I believe that a lot of local governments have played games with state or federal money. I know the state pays our local government for road maintenance, but the local board makes the decisions on how that money is spent.

  5. #5
    Gold Member
    Join Date
    Jul 2008
    Posts
    491
    Location
    Volney, NY
    Tractor
    mahindra 2615

    Default Re: How would you like to be this Home Owner?

    Same things happened here with assessments. We ran out of options fighting the town and decided to sell at the peak of the real estate boom. If I ever discovered I had grounds to sue them, I'd go for it.

  6. #6
    Elite Member
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    Mar 2002
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    2,829
    Location
    Iuka Mississippi USA
    Tractor
    3550 Fard Backhoe and a 1948 Farmall Cub,

    Default Re: How would you like to be this Home Owner?

    A few years ago before a county election we had a developer that had several of the Supervisors in his pocket. He was about to put a 2 million dollar sewer and road in a private gated subdivision on the river. In the process he was trying to force private land oywners nearby to sell their home or he was to block their cove off. One of the main old super visors was really pushing it. They made the bid sheet and notice out to the public but not its location. It was made public by another long termed supervisor about what was going on and all heck broke loose. THe folks that bought the lots and paid big bucks for riverside lots and houses built. Cost a log time supervisor his job and cost the county a tone of legal fees and court costs.

  7. #7
    Super Member two_bit_score's Avatar
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    Dec 2008
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    7,647
    Location
    Texas - from the brush and pear to the piney woods
    Tractor
    John Deere 110 TLB

    Default Re: How would you like to be this Home Owner?

    I've seen many situations where the responsible party, the township in this case, had multiple chances to get it right and flat out refused, for whatever reason. The sad thing is that the taxpayers get stuck with the bill for the idiot officials stupidity.

    If i was the guy I would settle for a nominal sum to cove expenses as long as the officials involved did some time in the pen. Without that option I would like to see the officials have to pay the judgement personally.

  8. #8
    Elite Member Mace Canute's Avatar
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    Nov 2006
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    4,465
    Location
    Saskatoon, Saskatchewan

    Default Re: How would you like to be this Home Owner?

    The article says
    In applying for a land-use permit from the township, Paeth submitted a land survey that showed his home was 8 feet from the property line, according to testimony. In reality, it was 3.5 feet.

    In the township, any construction within 5 feet of the property line required approval from its zoning board.

    Without confirming the distance, a township official approved the permit and Paeth began work in 1999, testimony showed.
    and
    Paeth, 58, is a former building contractor who worked for an architectural firm helping clients deal with zoning issues.
    and
    A neighbor upset by the slow pace of construction complained to the township that Paeth was building too close to the property line.

    Given Paeth's background and the fact that a neighbour could see he was building too close to the property line, it sounds like he (Paeth) knew he was within 5 feet of the property line and decided to go with the old adage that it's better to ask forgiveness after the fact than ask permission before.

    The article also says
    When the zoning board rejected the variance for a third time, Circuit Judge Donald Teeple, pointing out how much work Paeth has already done on the home, reversed the board's ruling and granted the variance in 2007.
    What does the amount of work that has been done really have to do with it? Does that mean the judge would rule against the next guy who does exactly the same thing but hasn't done quite as much work, in the judges opinion? I'd say the judge errored big time and rewarded Paeth for his original lie. Judges aren't always right you know...

  9. #9
    Super Member bp fick's Avatar
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    Aug 2009
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    5,555
    Location
    Beaver Creek, Northern Michigan
    Tractor
    Kubota BX2360

    Default Re: How would you like to be this Home Owner?

    "It really does demonstrate a potential flaw in the township form of government, where citizens with no experience are supposed to take care of extremely complex issues," said Dr. Bob Lee, 57, a vascular surgeon from Grosse Pointe Shores who owns a cottage in Worth.


    There's your money quote.
    BP


    "Some chickens, some gardens and a Kubota."

  10. #10
    Elite Member
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    Nov 2010
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    out
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    kioti ck30

    Default Re: How would you like to be this Home Owner?

    The big difference is the people in a township that are not career politicians make decisions because of ignorance or friendship. The career politicians like we have in Maryland make decisions because of who paid them the most. The result is the same, innocent people getting the short end of the stick. I think a computer would do a better job, that way everybody would get the same consideration.

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