Posted on 02/21/2009 5:07:20 AM PST by paratrooper82
HOUSE BILL No. 6394
September 3, 2008, Introduced by Reps. Elsenheimer and Walker and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
(MCL 125.3101 to 125.3702) by adding section 409.
(Excerpt) Read more at findlaw.com ...
September 3, 2008, Introduced by Reps. Elsenheimer and Walker and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
(MCL 125.3101 to 125.3702) by adding section 409.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
SEC. 409. (1) A PUBLIC OFFICIAL OR ANY OTHER INDIVIDUAL MAY
RECOVER EITHER TREBLE DAMAGES, COSTS OF THE ACTION, AND REASONABLE
ATTORNEY FEES, OR THE SUM OF $5,000.00, WHICHEVER IS GREATER, IF
ALL OF THE FOLLOWING CONDITIONS ARE MET:
(A) THE INDIVIDUAL IS A DEFENDANT IN A CIVIL ACTION ARISING
FROM THAT INDIVIDUAL'S COMMUNICATION WITH A LOCAL UNIT OF
GOVERNMENT, A PUBLIC OFFICIAL, OR OTHER PERSON.
(B) THE COMMUNICATION UNDER SUBDIVISION (A) WAS IN FURTHERANCE
OF THAT INDIVIDUAL'S CONSTITUTIONAL RIGHT TO PETITION AND OTHERWISE
PARTICIPATE IN THE PROCESS OF GOVERNMENT OR, IF APPLICABLE, IN
FURTHERANCE OF THE EXERCISE OF HIS OR HER POWERS OR DUTIES AS A
PUBLIC OFFICIAL.
(C) THE COMMUNICATION UNDER SUBDIVISION (A) WAS INTENDED TO
INFLUENCE GOVERNMENTAL OR ELECTORAL ACTION UNDER THIS ACT OR AN
ORDINANCE ADOPTED UNDER THIS ACT.
(D) THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT
THE CIVIL ACTION WAS INITIATED WITH THE PRIMARY PURPOSE OF
HARASSING OR INTIMIDATING THE INDIVIDUAL OR OTHERWISE HINDERING
THAT INDIVIDUAL'S PARTICIPATION IN THE PROCESS OF GOVERNMENT.
(2) SUBSECTION (1) DOES NOT IMPAIR ANY RIGHTS OF THE DEFENDANT
UNDER COMMON OR STATUTORY LAW OR COURT RULE.
(3) AS USED IN THIS SECTION:
(A) "COMMUNICATION" MEANS AN ORAL STATEMENT, WRITING,
ELECTRONIC TRANSMISSION, PHOTOGRAPH, DEPICTION, PEACEFUL
DEMONSTRATION, OR OTHER EXPRESSION.
(B) "PUBLIC OFFICIAL" MEANS ANY OF THE FOLLOWING:
(i) AN INDIVIDUAL WHO IS ELECTED OR APPOINTED TO A PUBLIC
OFFICE OF A LOCAL UNIT OF GOVERNMENT.
(ii) A MEMBER OF A ZONING COMMISSION, OF A ZONING BOARD OR
PLANNING COMMISSION EXERCISING THE POWERS AND DUTIES OF A ZONING
COMMISSION UNDER SECTION 301, OR OF A ZONING BOARD OF APPEALS.
(iii) AN OFFICIAL DESIGNATED IN THE ZONING ORDINANCE TO
ADMINISTER AND ENFORCE THE ZONING ORDINANCE.
What does it mean?
It means that they do not want irate citizens showing up at city council meetings and throwing shoes at the boardmembers. (It’s OK to throw shoes at Bush, however...)
A public zoning official who is sued by an individual can recover 3X damages if he and the judge conspire to claim all three of the conditions are met:
1. He was sued because he performed his official duties,
2. The individual used email, letters, or speech to protest
the zoning official’s actions, and
3. The individual ‘dared’ to file a lawsuit.
Basically, it’s a law intended to stifle zoning lawsuits by property owners.......
THE CIVIL ACTION WAS INITIATED WITH THE PRIMARY PURPOSE OF
HARASSING OR INTIMIDATING THE INDIVIDUAL OR OTHERWISE HINDERING
THAT INDIVIDUAL'S PARTICIPATION IN THE PROCESS OF GOVERNMENT.”
If you contact by letter, telephone, email, photograph or any kind of communication with your public official, employee, or anyone working for the government you can be sued for treble damages or $5,000 dollar which ever is more if the Judge finds “by a preponderance of the evidence” they were harassed or intimidated by the taxpayer!
What ever happened to the peoples Constitutional Right to “redress of grievances against their government?” This State Representative Kevin Elsenheimer has forgotten that he is a State Representative and is suppose to Represent the people's interest and not the governments!
I just received an email response form my State Representative Kevin Elsenheimer and he is still pushing the legislation.
Now I know what to do with the request for money that I got from the Michigan GOP. Burn it.
That's the way it would work, but the language "a public official or any individual" could be reversed. If a public official sued a citizen for libel because he didn't like a protest or editorial, it reads as if an upstanding judge could award treble damages to the non-official individual if he chose.
what does it mean? It means Michigan is going further down the toilet. Michigan still contains too many stupid people. As more smart people leave Michigan, a higher percentage of those who remain are stupid.
“If you contact by letter, telephone, email, photograph or any kind of communication with your public official, employee, or anyone working for the government you can be sued for treble damages or $5,000 dollar which ever is more if the Judge finds “by a preponderance of the evidence” they were harassed or intimidated by the taxpayer!”
Why don’t they just come out and say “tar-and-feathering” instead of just obliquely referring to it?
Thank you GOP Michigan State Representative Kevin Elsenheimer!
Yep. It’s to protect ACORN.
Michigan might as well stop the pretense that it’s trying to attract businesses and spur the economy. No one will want to live here.
Michigan has arguably the best state supreme court in the nation. It overturned a previous ruling that allowed municipalities to seize private property and give it to another private entity. That ruling is a gem of conservative, constitutional thinking.
This law, if it passed, would get shot down by the first state district court that hears it because these lower courts know that the state’s SC would not stand for it.
I personally witnessed a Circuit Court Judge in Michigan state from the bench, “do you wnat to see a bunch of junk cars sitting around?” They make law from the bench and Michigan Townships ended up with zoning by fiat and not by statue. Michigan Townships are not municipalities and cannot have zoning authority, but this does not stop the Courts from putting people in jail over illegal zoning> In another example, This State Representatives law firm was writing “junk” ordinance at about $20,000 dollars a pop, and Judges were putting citizens in jail and fining them under these ordinances. In 2001, the Michigan Attorney General (at the time Jennifer Granholm) state general law counties DO NOT HAVE POLICE POWER AUTHORITY TO REGULATE ANYTHING UNLESS IT IS ON COUNTY PROPERTY. AG Opinion No. 7096, yet, for years under these illegal ordinances people were going to jail and being fined because those same Judges decided to make law from the bench!
Again, I sure hope you are right, but, I am very doubtful.
Good to know SgtDave. Glad we have the best of something good. You post even makes my coffee taste better.
mc
“I would like to believe that, unfortunately the one Conservative Justice on the Michigan Supreme Court was just replaced in the last election by a liberal!”
Didn’t know that. Which justice was replaced?
I read it twice. It doesn’t say a word about penalty for shooting the official
You certainly got that right! A reminder and I have fixed the date also:
On Monday, February 23, 2009, our State Representative, Kevin Elsenheimer GOP (RINO) will be on the Norm Jones Radio Show, WTCM 580 AM in Traverse City Michigan at 10:10 AM! He will be talking about his proposed House Bill No. 6394, if adopted into law, will empower government officials, employees, or anyone working for the government with the authority to file a civil action against any taxpaying citizen who challenges them and they perceive they are being harassed, by seeking treble damages or up to $5,000 dollars against that taxpayer! They can find you guilty on a simple preponderance of the evidence, which would deny you or anyone else due process of law, you will not have the right to a jury trial or any discovery, simply put, you will be at the mercy of a Judge who is a government official! Please jam the telephones of WTCM 580 AM at 1-800-817-0580 and tell this State Representative what you think of his proposed Bill.
Those of you out of the listening area, you can catch the interview on the Web at www.wtcmradio.com click on the top of the page “listen live”
This State Representative has clearly forgot who he works for! PASS THIS EMIAL ON, LET EVERYONE YOU KNOW ABOUT THIS!
Time to take a stand against this kind of oppressive government right here and right now!
OH my!!!
Thank you!
I’m from MI and didn’t understand.
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