On Monday night, Gary Castonia decided to spike the football by prompting John Shay to declare what happened today in the 51st Circuit Court. Judge Wickens of the 51st Circuit Court found in favor of the City of Ludington in a counterclaim to our FOIA appeal to that court. This counterclaim was allowed and propagated by Judge Cooper, who sat as judge of the case for over 4 months, allowing all sorts of Shaynanegans to go on, while his son served on the City of Ludington legal team. Including outright perjury by John Shay. All to block letting Ludington citizens look at public records.
Wickens, his boss in the 51st Circuit, sealed the deal, today, and it will definitely go to appeal. He decided in a way I could not fathom, that we owed the City around $700. By the way, paying for just the time our City Manager and one of our City Attorney's (George Saylor) was in the courtroom today (3.5 hours) cost the city ($63.64 + $185)* 3.5 = $870.24
Pretty ridiculous, but still worthy of gloating for City Officials looking finally for a victory over their biggest nemesis (furry little ol' me) and Mr. Shay was up to the task, with Gary Castonia's prod. And I'm glad that Gary had some fun tonight, because he has had some trying times lately. Many of you may know that Gary now helps broadcast Ludington football games on WMOM, a job he probably appreciates even more because his grandson Devin Castonia is a rising star for the Orioles. He must have been very proud of his grandson when out of town papers even recognized his star potential.
In his capacity of City Councilor he has been head of the Public Safety Committee Public Safety Chairman Castonia and for the last couple of years has been working on a medical marijuana ordinance for Ludington that was passed in May and was discussed here at the Torch as being too restrictive, and effectively zoned Medical Marijuana out of Ludington.
Former policeman Gary Castonia a law and order guy who chaired the committee that passed the ordinance to the rest of the City, wound up voting against it, the only vote against it.
Seems odd, but then when you look at some recent court reports, such as this found at the Mason County Press Court News shown here:
Look at that sad news at the bottom. A Ludington football star arrested by the Michigan State Police (can you imagine LPD arresting Castonia's grandson-- they would be more likely to act as a dating service.) for possession of marijuana, a controlled substance. Perhaps, Grandpa Gary is a little too permissive with the marijuana.
Now Gary and his wife Kay Castonia live at 809 E Danaher which just happens to be the home to K K's Licensed Day Care a day care center, nursery, and child care provider. Gary's grandkids are known to often visit this residence; could Devin perhaps have went there and used marijuana or some other controlled substances around the kids that use that facility?
It does set one to wonder; I know I would feel uncomfortable having my kids stay at a house where some young teen using or pushing marijuana or some other controlled substance might be lurking. And know that the master of the house voted against restrictions on medical marijuana. But maybe, just maybe, Gary has his own little secret which explains his vote.
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Btw, (by the way), the COL's recent ordinance, last year about this time, has been TRUMPED DOWN by the State of Michigan, can't post the link, but I heard the State has legally overturned ALL the little towns in Michigan that outlawed this State Law for medical mary to be sold and licensed. Too bad, we as taxpayers had to witness and waste our City Council time and efforts to overturn State law and make fools of themselves, just to look like they are proper and just. When in fact, they are improper and injust, as usual. Good work again Ludington officials, you are sadly unimformed, and sadly, stupid to the Laws of Michigan, which you cannot suppress and deny any longer. Guess we cannot fix STUPID!
Question? Why and how does the COL think it can overturn and reverse State of Michigan laws passed in Lansing by and for the people of this State? I've heard of audacity and impudence, but this is quite ridiculous to say the least, and reflects on just how Lordly the COL thinks it is, compared to the rest of society, imho. Henderson, you may think you are Lord over us all, but the State thinks otherwise, so what say you now? Is this the Person you want and seek to be leader here, for another 2 terms too? I think NOT! This type of behavior is NOT leadership, it's dictatorship, and that isn't part and parcel of anything that bespeaks of freedoms and democracy, listen up Reeds and Neals, you are part and parcel of this type of governing. Is this what you think Ludington needs to be, an outcast from the rest of the State of Michigan? Sad and again, infantile in thinking and acts!
Good catch, Aquaman, this just came out in August, an appeals court ruling against the City of Wyoming. Salient points of the decision:
"A city ordinance that purports to prohibit what a state statute permits is void. Walsh v
City of River Rouge, 385 Mich 623, 636; 189 NW2d 318 (1971). “A state statute preempts
regulation by an inferior government when the local regulation directly conflicts with the statute
or when the statute completely occupies the regulatory field.” USA Cash # 1, Inc v City of
Saginaw, 285 Mich App 262, 267; 776 NW2d 346 (2009). A direct conflict exists between a
local regulation and state statute when the local regulation prohibits what the statute permits. Id."
Read more here: Ter Beek v Wyoming, and this article: michigan-medical-marijuana-appeals-court-ruling
These court precedents will also work well with other local ordinances that try to override state law, such as the Workplace Safety Policy and the revised Ludington FOIA policy of December 2010 at the appellate level.
Since I have been able to go to City Council meetings, I have been always stirred by the Pledge of Allegiance at the beginning of the proceedings, but the clowns between me and the flag are unstirred by what is actually said in that pledge, things any citizen, especially one who serves as a public official should heed.
1) "to the republic for which it stands": a republic is a government based on the rule of law. Ludington City Hall's government is based on people, favors, and grudges; everything but laws.
2) "with liberty": liberty is dependent on small government, open to all people, and non-intrusive laws. City Hall has took liberties with everyone's liberties for years.
3) "and justice for all": As Edmund Burke said, "Ignorance, allied with power, is the most ferocious enemy justice can have". The City Councilors have that alliance down pat.
I myself will ally myself with the likes of Gandhi, Thoreau, MLK, and other losers like Barry Goldwater who put it thusly: "Extremism in the defense of liberty is no vice. And moderation in the pursuit of justice is no virtue." I will keep pushing and pulling and one of these days I will be able to get the corpulent body of justice through the slender doors of Ludington City Hall.
Nice speech X, now where do I cast my ballot for your vote?
When City Councilor Castonia voted against the Ludington Medical Marijuana Ordinance (which has technically been nullified by the State of Michigan-- exactly what I stated in front of a bunch of third graders should be done) he did not do so to give his grandson an easier time in scoring some weed.
At least that's not what he stated for the record. He said the Federal Government already had sufficient rules to deal with marijuana possession that was effective in dealing with the proliferation of marijuana. How very ironic that police forces of the agency that is most lax towards possession (the State) were the ones to nab the little Devin.
It's a good thing that Devin was not picked up by the local LPD, otherwise, he probably would have been given a pass, and a ride back to Grandpa's house for a stern, or maybe not so stern, tongue lashing. Either way, it's a fact of life, and a news post that X just happened upon, then released here on the Torch. I don't think it was so much a hit or cut on CC Castonia, as much as it shows now quite blatantly, how much of a fake and hypocrite the man truly is. I still wish Devin, not Gary, the best in his future sports activities, hope this doesn't get him in too much trouble, he's just a kid yet, still learning. JMO.
I second that last motion, and wish Councilor Castonia would have said something constructive about the issue instead of just using his words to verbally attack a private citizen at the last city council meeting.
Gary, the City Manager/FOIA Coordinator is unlawfully blocking most of my requests for information; without the information (of which I am legally entitled to at set statutory rates established by law) I sometimes have to utilize my research time into other records. Maybe if you would help put your boy Shay into doing his job, I might overlook such errata in the future and key in more to the City's unethical/illegal activities, not your relative's.
That did not come out sounding right X, you may wanna reread it.
I meant to infer that if FOIA Coordinator Shay did not continue to block FOIA requests by not following that law, I wouldn't have the time to read the "From our Courts" section of the local media because I would be looking over documents.
Otherwise, Shay is ultimately acting under the will of the City Council in the performance of his duties, and Castonia is a senior member of that group; the boy reference is not meant in the pejorative.
A smart man like XLFD should have no difficulty in portraying his thoughts exactly the way he intends them to sound. In my honest opinion it definitely sounds pejorative no matter how you look at it.
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