Mason County Gov't Sues Local Business Looking to Expand

[XLFD]

A substantial local business, Indian Summer Cooperative (formerly Mason County Fruit Packers), which hires over 200 people in the area during peak times, has been sued by the County.  The lawsuit filed in 51st Circuit Court May 28, seeks a temporary restraining order for ISC to immediately cease construction work of a warehouse addition, a preliminary injunction to cease work pending permits and an order to "abate nuisance" (remove the offending structure).  This was reported in the June 4, 2010 edition of the LDN.

 

The problem arose from a change in the county zoning ordinance about five years ago which changed procedures, just like it did for residents of some homes (as reported in The Maverick of Eastern Mason County only in the Torch).  This change made the ISC addition a non-conforming (special land) use in the agriculturally zoned area-- an "agribusiness".

 

Apparently, Roy Hackert, ISC president, spoke to someone in the County Zoning office and indicated he would like to construct a new building.  He was told what to do, but County officials noticed in April that work on the project had begun.  They then issued two stop work orders in May before filing the lawsuit.  ISC had requested via public notice, a request for a special land use on the same day the suit was filed.

 

Fred Hackert, President of Great Lakes Trucking LLC, based at ISC on Chauvez Rd., said many additions to the original building had been put on through the years with no problem until the zoning rules took effect.  "It appears they have made it very cumbersome for people to deal with building (in Mason County).  Some of the things they're asking us to do is an added expense to the project."

 

"If we can't do it, we probably will not take this business on.  Another hurdle is that building permits for non-conforming uses cost twice as much.", he added.  Fred Hackert is a member of the City of Ludington's Board of Review, so he is well versed in assessing and zoning issues. 

 

Since the lawsuit was filed, 15 employees who were working on the 100 ft. by 280 ft. expansion have been laid off.  The new building's construction will likewise create more local jobs.  In a quest for more money for the county's coffers, Mason County has decided to put the kibosh on this ambitious project, and file their lawsuit.  Is it any wonder we have unemployment rates so high in this county when our government(s) go after our established businesses on such ridiculous issues?   

 

 

 

[Sweater Cows!]

Hey, I could always try to unseat Tom Posma for our district. Been thinking about it for awhile. Or going against Lyle Reene or Johnny or whoever goes for it next time for village Pres.(actually not pres bcuz you have no vote in that position.

How about a Campaiagn Slogan, "So young, smart and cool, with just enough old school"

Wow, I am SOOOOOOOOOOOOOO Lame. hahahaha.

Actually though I am serious about the county board though, Just not yet. I need to learn to be a bit more "diplomatic". hahah, did I just say that? Oh No!

[XLFD]

Well, until I find out more about you, you have my vote for whatever you go out for. Unfortunately, I'm not in your voting area.

Replacing a barber with a used car salesperson doesn't sound like a great idea at first, but I think you'd do a better job. It sounds as if the Mason Co. Commissioners are busy splitting too many hairs, already.

[Sweater Cows!]

I would want to direct as much budgeting into the MCAC as possible to turn it into a "No Kill Shelter". I think LAF does a really good job getting pets out of there and the new guy Joe seems like a good guy as I have talked to him a couple times. I would love to go to a no kill setup though. That would be my 'pet' project or whatever I guess.

I don't know Posma or what he is about but it always seems like the people on all the boards are over 50 yrs old. They are the ones deciding everything for us Gen X-ers and younger. It would be nice to see some younger people get involved.

Of course who really knows all the stuff those guys have to deal with so maybe it wouldn't be so much of a good thing to do. I have good blood pressure at the moment. lol

I am not *just* a used car salesperson, I am actually a collision estimator, parts person, office manager, receptionist, secretary(administrator to be PC....), gopher, detailer and MI licensed for Unibody Repair, HR, marketing, used car sales, you name it I do it. It is surprising to me how many people don't know that the Body Shop is there. So, lets say 'small business owner" eh? (even though, my dad hasn't retired *yet* so owner might not be completely correct but will be probably sooner than I would like to admit).

Who knows what kind of job I would do, I can't even say I would be good at it but it would be something to do just to see what it's like if I could tolerate it.

[XLFD]

Sheila, I knew you wear a variety of hats, but I played off the fact that people generally trust their barbers and don't trust used car salesfolk.

I think you could do a great job as a commissioner, but I'm sure it would be a great headache for someone not used to dealing with a bunch of weaselly politicians.

BTW, I grew up in Scottville and originally got my hair cut by Mr. Posma. I went to the other barber on State St., Harry Seitz, one time when Posma wasn't available and felt a lot more comfortable with him, and felt I had a better haircut. He's cut my hair ever since.

[Edie Lindsey]

Wasn't Commissioner Erickson 'trolling for job commitments from the Future Turbine Farmers of America? When I read this on Friday, I really think he should have got up and smacked down the Zoning Queen and had the county take a less aggressive stance on this.

[AQUAMAN]

It's this kind of story and situation of nitpicking that shows us exactly what the MCBC is made up of at present. Dummies and kronies that most all need replacement. It's not the generation you're from that is important imho, it's your common sense and fair play attitude towards local businesses that make or break you in the public's eyes. Attacking the Hackerts, like them or not, they provide alot of local jobs in agriculture and have for many decades. Deciding to expand in this economy and times is commendable and should be encouraged at the very least in every corner. If not now Sheila, when? Seize the moment and go for it. Maybe the effort will be contagious with others standing by wondering if they should too. Meantime, I do wish this business all success in this expansion. Wth are they thinking??????? New zoning or not, are we not all in this together, and job creation by anyone locally should be welcomed and given every nod and go-ahead that is required. Sueing them is not an encouraging way to treat any local business people, it's warped.

[Sweater Cows!]

Well, I guess you won't agree with me then when I say they(ISC) should have acquired the proper permits or whatever they needed prior to beginning construction.

That I believe is the only way to be fair. If one person can put up such a stucture without following the proper procedure then shouldn't everyone be allowed to do so also? Or do they get to pick and choose who follows the rules and who doesn't?

It appears Mr. Hackert/ISC were told back in April what they needed to do to start this project yet decided they were above the rules and started work without the proper permitting.

This reminds me of CocoMSU's problem with the trespassers, just because they were allowed to do it in the past doesn't mean they can now. Times and rules change whether we like it or not.

The easy solution would have been for the ISC to get the permits in order before starting work, then this wouldn't even be an issue.

I do not agree with the ZB's handling of the situation but then again shouldn't ISC have simply followed the guidelines and the ZB would not have had to do anything?

Seems like ISC created the problem. It would be like me putting up a 40 x 60 pole barn in my yard without getting a permit, I know I need a permit so why not just get the darn thing and get on with the project

Now i am not agreeing with the zoning rules but I think if people want them changed they should work on getting them revised, not just try to pretend they don't exist.

[XLFD]

Disarm, what's the scoop on the pig farm? I didn't hear about this before.

[stumpjumper]

Aqua;You got the nail on the head. This county&City has gone Tourists not Business-Jobs for years.

[AQUAMAN]

Problem is, the zoning board and officials have made it impossible to even add a dog house, so to speak, to your yard without getting a proper permit. It's all based on "greed for money" imho. What was allowed to be built 25 years ago without permits, today is illegal. As soon as you go onto your own property to do any remodeling/maintenance, the building inspectors/zoning ppl stop and make a visit. Watching like hawks to get zoning violations is pretty petty and an undue hardship in many cases where a permit should not be warranted. In this particular situation, since the grandfather laws no longer prevail to put additions on without permits, I simply would have courteously asked the mgmt. to stop over and fill out a new permit, maybe even deliver a form to my neighbor in need, and be polite and tell them the rules have changed. Where does a lawsuit by the county get them, more expense in attorneys fees, lost time on new projects, and hurt feelings. That's NOT what I think our local governing authorities should act like towards there fellow neighbors. JMO

[XLFD]

Part of the story seems to be missing, which could probably be filled in by Roy Hackert, so I'll do my best CSI impression with what we got. Roy talked to the Zoning people about his construction, being an efficient(!?!?) guv group they took their sweet time in deciding on it, whereas Roy was operating on a timetable as to when he wanted to build.

When the Zoners began to nag him with the stop work orders over matters of protocol, he found it about as ridiculous as most of us and continued his project. He may have filed his request for a special land use to avoid the lawsuit. The Zoners should see that as an act of good faith, grant it, and back down.

I would personally like to see the state government look into local zoning practices to see whether they are overstepping their authority. It certainly seems they are upsetting a whole lotta people.

[AQUAMAN]

Timing is of the essence and critical to any businessman and the contractor he decides to hire. Unfortunately, our gov. system lags behind in deciding alot of issues, and also works too hastily on others that should warrant more time. A sword that cuts both ways too often. The soundness of this lawsuit is sucipicous at best, and probably totally unwarranted for this small county. The worst case scenario could happen, Roy could just throw in the towel and not expand. That would be a sad outcome and loss for all concerned. Question is: does the MCBC really care? And can they reconcile this for a happy ending for all?