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?   

 

 

 

[AQUAMAN]

The other unanswered question is, can the huge EGO's at the MCBC heed the call for progress and more local jobs, give Roy his permit, and bury the hatchet. Btw, Roy was at the MCBC meeting tonite and commented about the proposed migrant workers proposal also being considered for passage. I'm not familiar with it, but it sounded like the State of Michigan already has such a proposal in the works, and copying it for Mason County is not in the Ag businesses best interests at all. Another Ag bus. man also joined that sentiment with comment. Roy also joined the audiences NO vote against Scandia development. He also had the courtesy NOT to mention anything about the lawsuit pending at all, which I fully expected him to also call attention to as a nasty way to enforce building permits/zoning issues.

[XLFD]

From today's LDN, it does seem as if the Hackerts did have some say during another part of the meeting. Sounds as if there will be three Hackerts running for commissioner this year. I wish them well.

[XLFD]

Update: On the front page of the 6-10-2010 LDN, it looks as if the county and the Hackerts have reached an agreement, and the construction is getting back underway, and the Hackerts have agreed to seek a permit-- if they determine one is warranted under the Right to Farm Act. It seems they were trying to get this building constructed before the main crop season. Hurray for common sense solutions.

Looks as if the Hackerts will have the judge decide whether the R2FA applies for future generations of farmers to avoid the onerous tax burden the county wants to impose on our industrious ag workers.

[XLFD]

Good news for the Hackerts, Indian Summer, and local farmers.  The local Circuit Court's Judge Richard Cooper found on behalf of Indian Summer and the Michigan Right to Farm Act, and against the County trying to put the brakes on this company's activities.  Now it's time to see whether the county commissioners and their attorneys want to act in the best interest of its people and step back.  The issue of whether to appeal this ruling will take place at their Tuesday meeting. 

The Hackerts won this one, but the three Hackerts running for commissioner seats all lost.  Things even out.

[AQUAMAN]

If we see the MCBC make an appeal on this, and at great embarrassing and huge costs, it will show that they are no better than the Bridgewater people in another thread of recent, and that those Huge EGOS need to be reeled in asap, probably with recalls.

[XLFD]

That Bridgewater thread Dave posted is exactly what reminded me of this event update.  The similarities are there-- the government entity wastes a lot of public money and time on a non-issue.  Reasonable compromise should have been used in both, but was never tried.  Neither the Hackert's or the Bridgewater resident's positions were unreasonable.

[AQUAMAN]

Hush X, you and I are supposed to be "dumbed down and quiet", ya know? Just the kind most politicos want the public to be, just stupid in TV, texting, and Ipod land, where they have their safety net to hide and make corruption from, yeah? To heck with reasonable business people wanting to expand, we don't want that. It's the Chinese and foreigners that must get ahead these days, ya know, so we can feely good, and make amends for all our forefathers faults and rules. That's the agenda, get with it pal.

[XLFD]

From today's LDN on the e-news:

Jennifer Linn Hartley

Wednesday, December 29, 2010

Mason County will appeal a court decision against the county, in favor of Indian Summer Cooperative and its “right to farm,” commissioners decided Tuesday night.

Indian Summer was attempting to build a storage area for finished product, and more recently an addition to house a snowplow and boiler.  

Mason County officials filed a lawsuit against Indian Summer Cooperative in May to stop work and require the fruit growers’ cooperative to get a special land use permit for a new addition that was under construction on the company’s Riverton Township property.

Indian Summer argued the county does not have standing to enforce requirements of the Mason County Zoning Ordinance because of the Right to Farm Act.

The Mason County Board of Commissioners voted to authorize an appeal in the case.

In Cooper’s decision, he said the defendant, Indian Summer, is entitled to costs including attorney fees.

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According to the print edition, the Board met in closed section for nearly an hour to discuss this plan.  Mary Nichols, whose district contains the Indian Summer property, and who chairs the county zoning board suggested the county cut its losses, and save everyone some money.  Three commissioners, all lame ducks who are not going to be on the board, were quoted in the paper:

Chairman M. Schneider:  "We need to stand stiff on this one, and if we don't we might as well get out of the zoning business"

J Rybicki:  "If the county doesn't take (this) on appeal, it could ruin zoning."

R Sanders:  "... the erosive effects of not appealing the decision exceeds the economics trying to settle or cut their losses.  The purpose of the zoning ordinance is to protect Mason County residents, not to single out a single business person."

********************

How are Mason County residents being protected by the County's actions in this instance?  Indian Summer is looking to expand and the County is trying to hold them back for doing so, all because the County Gov't needs to make more money through zoning. 

Schneider, Rybicki, and Sanders, have a happy and long retirement.  Bridgewater revisited, indeed.

 

[AQUAMAN]

Big 10-4 on this X. Lame Ducks should remain as such, and NOT have any say-so on this now. Appeal your own local Circuit Judge, and for what, ego? Only NEW and extraordinary type evidence could ever overturn this decision. I doubt they have ANY! So, this appeal is lost before it ever begins. Great! Let the new members decide, and if they want to continue down this avenue of flimsy false egomania, then they too will be favoring recalls in the future. This just goes to show how out of touch the voted-out commissioners were and continue to be to this very day. Sounds a lot like so many other liberals after the recent Nov. elections, still bound and determined to go against the people's will, indefinitely. Self-destruction is not a virtue, irregardless of the warped agenda.

[XLFD]

They've totally shot the county in the foot with this decision to appeal, Aquaman.  I plan on spotlighting this legal battle on the Torch in the future, and will try to assist Indian Summer to fight this act of local tyranny.

[Guidothesemipsuedocaptitalistpig]

It would be so ironic if a state or federal statute like the right to farm act stops the county from developing more jobs would it not?

[AQUAMAN]

Guido, I truly think we've got our Granny Granholm to thank for this, again, and again. Her presence on the State stage of tyranny, is finally over, but going to have to be overturned in the future administration for a long time to come, to circumvent all the wrongs she put into legislation over 8 years.