Michigan Militia and Landowner Vow Armed Defense of Property

Grand Rapids Press ^ | 9/17/03

[11th Earl of Mar]

Landowner, militia vow armed defense of property

Wednesday, September 17, 2003By Ted Roelofs
The Grand Rapids Press

HORTON BAY -- On the surface, Lyle Barkley hardly seems the type to provoke an armed standoff.

At 55, the silver-haired, grandfatherly Charlevoix County excavator says he never has been in real trouble with the law. He does not advocate violence.

But as he leans by a sign on his property that says "Honk For Your Constitutional Rights," it becomes clear Barkley is ready for a fight.

"I don't want no bloodshed unless they shoot the first shot," Barkley said. "All I'm doing is standing up for my rights."

As if to underscore the point, Barkley stands just a few feet from a 6-foot-deep trench he dug on the perimeter of his land in the hill country about 10 miles southeast of Charlevoix.

Barkley says armed men from across the country are ready to occupy that trench to defend him, as he approaches a Thursday court deadline to remove three mobile homes he installed on his land.

In April, District Judge Richard May found that Barkley violated the zoning laws of Bay Township when he brought in the homes without permits. May reaffirmed that ruling Tuesday afternoon, denying a petition by Barkley to rescind his order.

The case has drawn widespread interest from local media outlets, not to mention radio talk shows from Arizona to Texas to Washington.

It also has attracted the scrutiny of patriot and anti-government groups, including a Colorado-based organization that threatens to send 600 armed members to protect Barkley.

Denver resident Rick Stanley, founder of the Second American Revolution Militia Mutual Defense Pact, vowed Barkley will not stand alone.

"They have subverted the intentions of what our forefathers say our government should be," he said. "We have a fascist tyranny.

"I call it the police state of America, and we are going to stop it one way or another," Stanley said.

On his Web site, Stanley warned about the consequences of the standoff with Newaygo County resident Scott Woodring, killed by state police in July after authorities tried to serve him with an arrest warrant that accused him of trying to solicit sex from 15-year-old girls.

Stanley said he got involved in the dispute when he was contacted by Barkley, a member of his group.

A statement faxed to The Press quotes Norman Olson, the self-described senior adviser to the Michigan Militia, saying the dispute "stinks of crooked politics, corruption and favors."

"I admire his spirit," Olson said of Barkley.

Charlevoix County Sheriff George Lasater said he is prepared to enforce the law. But he also said he hopes to avoid confrontation.

"We will do everything in our power and jurisdiction to make sure nobody is hurt on their side," Lasater said, adding, "the sheriff's department will do what it has to do to make sure the court orders are followed. We won't be intimidated by them."

Lasater would not say what action he might take if Barkley refuses to back down.

Township officials say they are doing nothing more than enforcing the law.

"This is a simple, blatant disregard for the law," township attorney James Murray said of Barkley's actions. "You can't just disregard ordinances."

According to the township, Barkley applied for a permit to build additions on to two mobile homes on his 4-acre property. Barkley instead moved two additional mobile units onto his property, attaching one to the mobile home in which he lives with his wife, Shirley, 50, and one to the mobile home where his daughter, Kim, 22, lives with her boyfriend and three children.

Judge May found that both homes violated building codes.

The court also found Barkley allowed people to move into another modular unit on the property without a permit.

To Barkley's way of thinking, he is just doing what every property owner has every right to do.

He has tangled with the township before. About 13 years ago, he was cited because of numerous barking dogs on his property. Barkley said he was acquitted.

About five years ago, he had a dispute over stumps he wanted to bury on his property. Barkley said that was resolved amicably.

He has had no criminal brushes with the law, felony or misdemeanor, according to state police records.

Barkley believes he is backed up in his latest dispute by his discovery that his property is "patent land," stemming from an 1871 act by President Ulysses S. Grant.

He said he has several weapons on his property, including a high-powered rifle and shotguns. He has plenty of ammunition.

"I myself am not going to be armed," Barkley said, adding he will leave that to others.

Barkley said he has had plenty of local support, including lots of honking horns in response to the sign in front of his driveway.

But standing on a deck on a bluff that overlooks Barkley's property, neighbor Carol Hellstrom said she backs the township.

"I have no sympathy for him whatsoever," Hellstrom said. "There's reasons for the laws. That's what this whole country is founded on."

Hellstrom's deck faces west, where she has a postcard view of Lake Charlevoix. But she's weary of looking down on Barkley's property, which is cluttered with old tractors, backhoes, numerous vehicles, a sizable wood pile, piles of discarded siding, old tires and rusted engines.

To her way of thinking, Barkley brought this on himself.

If things proceed toward showdown Thursday, Hellstrom said she is making plans of her own.

"We're having a kegger. You might as well enjoy the show."

© 2003 Grand Rapids Press. Used with permission

[FourPeas]

Nice try, but no cigar. The article's title is:

Landowner, militia vow armed defense of property

NOT: Militia and Landowner.... You didn't make a simple mistake, you changed the title to suit your wishes.

[11th Earl of Mar]

Nice try.

But do a search of my posts on FR over the last many years. And you will see that if there is an article from Michigan, I always start it off with either "Michigan:" or "MI:" depending on how much room I have.

And why are you so sensitive about the Michigan Militia? You think they are an embarassment to the out of state Militias?

[FourPeas]

Go back and read my post. Starting it off with Michigan isn't the problem, it's making the word 'militia' immediately follow the word Michigan, making it more prominent as well as insinuating that The Michigan Militia is involved.

Sensative about the Michigan Militia? No, not really. I know little about them, mostly only what the news media reports, which I consider highly suspect considering their general bent. I am sensative about poster sensationalizing (if that's a word) their headings and misleading readers. Your post did just that.

[N3WBI3]

The issue is hte HOA is not law, and in 'violating' it he is not breaking the law..

[Area51]

I;ll tell you what this is about. It is about Money moving into a low income area, changing zoning with the help of a couple of folks on the townships that can be bought. And the City mentality that comes in with the money.

Large Investors and Retirees move from the city to the area to get their dream place. They buy property at a realatively low price because fo the neighbors and area, they then whine to the Township and the Developers that they don't like the neighbors that have lived in the are for 100 years.

When the locals go to do what they have always done, which is live within their means the township won't even talk to them. The only variances they give out is to the Developers that allow for Trout Streams to be overrun with
rain run off that destroys the streams and kills the fish.
Or allows for them to build non conforming structures.

See this is all about MONEY!
Don't think these township officials don't discuss dealing with the issues at their State wide meetings.
They want the money from the new construction and sale of land. Remember in Michigan property tax increases is restricted to the Inflation rate. (Headlee Amendment)

So the townships are actively advocating locals sell their land to developers. Meanwhile the carpetbaggers get on the township board and only tighten the screws faster and harder.

And yes, Idiots like broken glass rinos are the majority of the problem. Looking down their crooked noses at some one else they don't like, care for, or want around because they want to bring their Socialist controls with them and indenpendent folk don't care much for that.

[Between the Lines]

Why post such blatantly incorrect headline? The Michigan Militia is NOT involved.

Exerpt from media release by Rick Stanley dated yesterday:

I understand from talking with Lyle tonight that two more militia's from Michigan have committed to the defense of the Barkley property. One with weapons and one without. I guess they are going to throw dirtclods at the sheriffs.
Just kidding folks. They will decide in their own time what is the proper response to an attack upon the Barkleys. I believe per Lyle that these are a southern Michigan group and an eastern Michigan group. No numbers have been mentioned as to what they can bring to the Barkley table. I understand another Militia group from Michigan is offering their services, the Michigan Wolverines of Commander Clint Dare. No knowledge of acceptence by the Barkleys of their offer made through a local newspaper as of today.

[GrandEagle]

I'll tell you what this is about.
I completely agree with you. The people with "the money" usually have the time to get around and "buy" the votes while the poor guys just trying to make a living are to busy doing just that - making a living - to see what's coming at them.

[Area51]

Been ther done that.

I lived in the area for 20 years. Saw the invation of stuck up snobs with money coming to town to run the joint.

Yeap, plan number one. Screw the locals out of their land.
Plan number two, the ones that don't leave, harass with zoning until they leave.

Plan number 3, raise the taxes to a point that the remaining locals HAVE to sell.

[Area51]

Been ther done that.

I lived in the area for 20 years. Saw the invation of stuck up snobs with money coming to town to run the joint.

Yeap, plan number one. Screw the locals out of their land.
Plan number two, the ones that don't leave, harass with zoning until they leave.

Plan number 3, raise the taxes to a point that the remaining locals HAVE to sell.

[RGSpincich]

http://www.record-eagle.com/2003/sep/18stand2.htm

September 18, 2003
Judge waives filing fee in mobile home appeal
Sheriff: People around U.S. support Barkley
By KEITH MATHENY
Record-Eagle staff writer

HORTON BAY - Hope for a peaceful solution to a Bay Township property dispute continued Wednesday - despite earthen berms and trenches dug by landowner Lyle Barkley and despite his continued threat to meet with force any attempt to remove manufactured homes from his property.
Barkley said at least three militia groups have vowed to defend him should he face force from government officials.
"There's militia here, and militia on the way," he said.
Barkley also said late Wednesday that the Charlevoix County Circuit Court had agreed to allow him to appeal a district judge's ruling that the structures be removed from his four acres on Camp Daggett Road.
The court earlier required a $7,800 appeal bond from Barkley in order to hear the case - which he said he could not pay. But Barkley said after meetings between county sheriff George T. Lasater and court officials, they had agreed to waive the bond, allowing his appeal to move ahead.
It was unclear whether the circuit court action will forestall any attempts to enforce the district court's order - which calls for the removal of two, 12-by-60-foot trailers and a 24-by-34 foot former school portable by the end of today.
Earlier Wednesday, Charlevoix Circuit Judge Richard Pajtas agreed to waive the filing fee for the Barkleys to appeal the district court decision, but said it did not affect the required appeal bond.
Lasater, Barkley and Clinton Dare, state commander of the Michigan Militia Corps Wolverines, were to meet early today at the Barkley property.
"I'll try to answer their questions as best I can," Lasater said. "I think it's important to have a line of communications, so we can get this resolved peacefully."
Lasater said his office received nearly 70 telephone calls Wednesday, from all around the U.S. - "99 percent" in support of Barkley.
Boyne City Schools Superintendent Jim Cooper said two bus routes in the area of the Barkley property will be altered at least temporarily to avoid the area. Parents of affected children were contacted Wednesday, he said.
"We're able to do it, and just want to err on the side of safety," he said.
Norman Olson, an Alanson pastor and senior advisor to the Wolverines, said he hopes the courts will give Barkley time to bring the homes on his property into compliance.
"If people came there with saws, hammers and paintbrushes instead of guns, if we have an opportunity to help this man, and we find out he can comply with the minimal codes, I think it would save face for him, for Lasater and for the militia," he said.

[FourPeas]

Update on story here.

[Sloth]

Apparently for Mr Hannity, there are times when it is OK to violate the rule of law.

Are you saying that there are NOT such times?

[Oystir]

He can probably post his property to cover his appeal bond but there will be no appeal; this badger has dug himself in and is not coming out.

[hedgetrimmer]

Let's see. The federal government won't stop illegal aliens from entering the country,state and local governments dish out freebies to them. Now here's a fellow disputing the permit process limiting his constitutional right to use his property as he sees fit, and everyone wants to bring the law down hard on him.

What's worse? Illegal immigration destroying our economy and culture, or a fellow who brings a couple of mobile homes onto his property? If you are not going to uphold immigration laws, why should anyone be forced to follow arguably unconstitutional building permit processes?

[Between the Lines]

Then, this being America, you are free to move somewhere that has no zoning laws.

I live in a rural area that has few zoning laws. A lovely area that has restrictive deeds instead of zoning laws to prevent development we deem undesirable, not what the government deems undesirable. I live what I preach.

And if you have six or eight trailer homes to put on your one acre parcel, you should fit right in.

An unwarranted personal attack. I never attacked you or your ideas. Just because I disagree with you does not give you the right to personally attack me. But I should have known from your first post (Sound like trailer park trash to me) that it was a part of your character to do so.

You might even be able to drain your toilet water into a nearby stream also.

Sorry, but this is a health issue dealt with by a health board and not a zoning board. You have only proved that besides being crude and arrogant you are also uninformed on the subject and have no argument.

[Between the Lines]

Thanks for the update.

[GrandEagle]

In the small town in Mississippi where I grew up and my parents still live we fought the very same thing. New people came in and started passing zoning regulations that were really quite bazaar. You can't put up a chain link fence. No wooden fences over 4 feet high. Home sizes and construction types, porch sizes, etc.

My Dad tried his best to get everyone out to vote when this stuff came up but everyone had the "it doesn't affect me so I don't care" attitude. As a result of the long time citizen’s complacence this thing passed. Well guess what; about 5 years later when one of the neighbors put up a fence he was fined $300.00 because he didn't get the permit required be the new zoning. On top of that he was forced to remove the fence because it was a chain link fence.

It was his own fault because he didn't get out and vote the thing down. It was the law; a duly passed law. Not a pleasant or even fair law but it was passed by the due process of law and the neighbor had a hard time griping about it because he could have prevented it from passing. (The original vote ended up something like 18 to 6 out of a town of around 4000 voters)

Well, the battle began and ALL of the town leaders were replaced at the very next election. Many of the zoning ordinances have since been stricken from the books again by following the due process of law. As with ANY law, once passed, it is difficult to get it removed from the books so some of the damage has remained. You can bet that it won't happen again in that town though. The lesson learned by the town people it to PAY ATTENTION! You have to look out for everyone not just yourself when deciding how to vote.

What they did not do is dig trenches and prepare for war with the local law.

[11th Earl of Mar]

The issue is hte HOA is not law, and in 'violating' it he is not breaking the law..

I never said he was breaking the law.

The man is breaking a contract, which, if violated, allows for specific penalties.

And the courts, as in this case, are being used to enforce a contract.

An HOA may disallow the man to run a business out of his home, even though he is legally allowed to own a business. But when he purchased property in that neighborhood, he agreed that he would not do it.

It is the violation of a contract, not a violation of the law.

[Hillary's Lovely Legs]

Why stop at berms? Why not add a moat and a drawbridge?

[Area51]

What they did not do is dig trenches and prepare for war with the local law.


117 posted on 09/18/2003 8:19 AM PDT by GrandEagle

---

I agree, but what irrates me is the internet experts that
offer their worthless advice to a area they have never been. Funny thing is some of these local people have more integrety and sure fire determination in their buggers than the expects behind the keyboards could muster in a million years.