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Trouble in Michigan
HORTON BAY - The peaceful, rolling farmland of Charlevoix County's Bay Township belies the potential armed confrontation that may develop there in a matter of days.
Bay Township residents Lyle Barkley and his daughter, Kimberly, stand near Kimberly's adjacent manufactured homes off Camp Daggett Road. A district court judge has ordered the rear unit removed, an order the Barkleys say they will not honor.
A county district court judge has ordered by Thursday the removal of three manufactured homes from four acres on Camp Daggett Road. The family who owns the property is vowing an armed confrontation with anyone who attempts to enforce the judge's order.
"We're going to have a standoff," said Lyle Barkley, 55.
"I'm not going to let them come in here and take this stuff," he said. "Over my dead body."
Barkley and members of his family may not be alone in their standoff. A Denver-based organization calling itself The Mutual Defense Pact - Second American Revolution Militia has vowed to call on 600 or more armed individuals from across the country to defend the Barkleys' property.
"Within a few days of (Barkley) being attacked, that little township will become the center of the universe, by force of arms," said Rick Stanley, founder of the militia group.
Barkley has created an earthen berm on his property, and said he planned to create trenches as well, in preparation for a standoff.
Charlevoix County Sheriff George T. Lasater said he hopes violence can be avoided.
"I'll do everything possible to come to a peaceful resolution of this situation, so nobody gets hurt on either side," he said. "But rest assured, I'll do my job, and I will follow the orders of the court."
The dispute involves the placement by the Barkleys of two, 12-by-60-foot mobile homes on the property, and a 24-by-34-foot former school portable. Barkley said two of the units are additions onto two existing mobile homes on the property, one of which Barkley lives in with his wife, Shirley; and another in which his daughter, Kimberly, her boyfriend and three children live. Barkley's son, Ken, and family live in the third - the school portable unit.
After initially receiving zoning permits from Bay Township in the summer of 2002, the permits were revoked by township zoning administrator Randy Frykberg that November.
Frykberg said Thursday the Barkleys had initially applied for additions, not to add additional mobile homes. Township attorney James Murray said no township or city in the state would allow the sandwiching of a manufactured house on an already nonconforming structure under zoning.
"It's a very basic question - it's a health, safety and welfare question," Murray said. "This is simply a case of abiding by zoning, and abiding by the construction code. (Barkley) blatantly disregarded both."
Barkley, however, countered that he was willing to make any changes necessary to bring the buildings up to code. He was never given that chance, he said.
After Judge Richard May's ruling in April siding with the township, Barkley said he went ahead and installed the manufactured homes on his property over the summer.
On Aug. 28, May ruled Barkley, his wife and Kimberly Barkley were in contempt of court. He ordered the buildings removed by Sept. 18, and ordered the Barkleys to pay an $800 fine. The Barkleys face 26 days in jail if the fine is not paid by Thursday.
"I won't pay it," Barkley said. "If I pay it, it's the same as saying I'm guilty."
Stanley, of the Second American Revolution Militia, said Barkley is a member of his militia's mutual defense pact, which he said is about four months old.
"We basically are not going to tolerate unconstitutional acts by governments in the future," Stanley said. "They do this kind of thing thousands of times a day, every day, across the United States. But we've drawn the line and said, 'Not with our pact members.' "
Bay Township residents Lyle Barkley and his daughter, Kimberly, stand near Kimberly's adjacent manufactured homes off Camp Daggett Road. A district court judge has ordered the rear unit removed, an order the Barkleys say they will not honor.
A county district court judge has ordered by Thursday the removal of three manufactured homes from four acres on Camp Daggett Road. The family who owns the property is vowing an armed confrontation with anyone who attempts to enforce the judge's order.
"We're going to have a standoff," said Lyle Barkley, 55.
"I'm not going to let them come in here and take this stuff," he said. "Over my dead body."
Barkley and members of his family may not be alone in their standoff. A Denver-based organization calling itself The Mutual Defense Pact - Second American Revolution Militia has vowed to call on 600 or more armed individuals from across the country to defend the Barkleys' property.
"Within a few days of (Barkley) being attacked, that little township will become the center of the universe, by force of arms," said Rick Stanley, founder of the militia group.
Barkley has created an earthen berm on his property, and said he planned to create trenches as well, in preparation for a standoff.
Charlevoix County Sheriff George T. Lasater said he hopes violence can be avoided.
"I'll do everything possible to come to a peaceful resolution of this situation, so nobody gets hurt on either side," he said. "But rest assured, I'll do my job, and I will follow the orders of the court."
The dispute involves the placement by the Barkleys of two, 12-by-60-foot mobile homes on the property, and a 24-by-34-foot former school portable. Barkley said two of the units are additions onto two existing mobile homes on the property, one of which Barkley lives in with his wife, Shirley; and another in which his daughter, Kimberly, her boyfriend and three children live. Barkley's son, Ken, and family live in the third - the school portable unit.
After initially receiving zoning permits from Bay Township in the summer of 2002, the permits were revoked by township zoning administrator Randy Frykberg that November.
Frykberg said Thursday the Barkleys had initially applied for additions, not to add additional mobile homes. Township attorney James Murray said no township or city in the state would allow the sandwiching of a manufactured house on an already nonconforming structure under zoning.
"It's a very basic question - it's a health, safety and welfare question," Murray said. "This is simply a case of abiding by zoning, and abiding by the construction code. (Barkley) blatantly disregarded both."
Barkley, however, countered that he was willing to make any changes necessary to bring the buildings up to code. He was never given that chance, he said.
After Judge Richard May's ruling in April siding with the township, Barkley said he went ahead and installed the manufactured homes on his property over the summer.
On Aug. 28, May ruled Barkley, his wife and Kimberly Barkley were in contempt of court. He ordered the buildings removed by Sept. 18, and ordered the Barkleys to pay an $800 fine. The Barkleys face 26 days in jail if the fine is not paid by Thursday.
"I won't pay it," Barkley said. "If I pay it, it's the same as saying I'm guilty."
Stanley, of the Second American Revolution Militia, said Barkley is a member of his militia's mutual defense pact, which he said is about four months old.
"We basically are not going to tolerate unconstitutional acts by governments in the future," Stanley said. "They do this kind of thing thousands of times a day, every day, across the United States. But we've drawn the line and said, 'Not with our pact members.' "
Summary: Judge orders "mobile" homes removed. Trailer trash refuses and threatens an armed standoff. Owner builds earth berm, considers adding trenches around homes. Right-wing militia vows to support owners.
I really wonder how this will turn out. Repealing the judgement will say that the threat of violence works, but evicting the owners could cause some unpleasentness. The State Police are still pretty angry about the officer that died this summer and, IIRC, there's a National Guard post near Traverse City.
But this will probably just fade away, like most of these things do.
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