Posted on 09/17/2003 8:54:30 AM PDT by 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."
If they really cared about the guy, they'd each send $10 to get the guy a lawyer.
'My Friend, what are you doing for the coming revolution.'
'Me?...well, I can bring the beer.'
Hannity was all whining, "BUT HE HAS A RIGHT TO FLY THE AMERICAN FLAG". Apparently for Mr Hannity, there are times when it is OK to violate the rule of law.
And you have no damned idea what you are talking about!
call in the army...
only 3 kids to burn here...
Perhaps you should have paid better attention - the guy flying the flag won in court, but was so far in debt from fighting for his rights in court that he was in danger of having to sell his home. The Home Owners Association lost the case, but as is all too common, they managed to break their intended target. As far as I'm concerned, we ought to institute the death penalty for all those who attempt to subvert the Constitution - they are traitors of the worst and most dangerous sort...
Last year, the Florida Legislature passed a bill prompted by Andres' legal troubles. It allows residents to fly an American flag "in a respectful manner" regardless of association rules, reports the Courier. Gov. Bush then signed it into law.
There are more informative articles out there which seem to indicate "all is not what is being reported"
They look like trailer trash too. And damn fine Americans!
There is much more to this story than this simple article tells. Lyle Barkley's homes were in place before the township had zoning laws that prohibited them and before there were any neighbors.
If he hadn't lied on the building permit application, none of this would have happened.
He applied for a permit to add additions to the homes. He was granted these permits with no explanation of what is and is not allowed. (BTW manufactured additions are allowed under the code) After placing the additional mobile homes on the site and starting to connect them, his permits were revoked. No explanation or reason just revoked. Barkley went to the city wanting to know how he could bring his homes up to code. They would not negotiate or even talk to him. They just told him the additions would have to be removed or he would be fined.
Later 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." Meaning that it was not the additions that were objected to, but the original "nonconforming structures" which had been grandfathered in. And in court by their own admission they had no objections to the additions, just his existing homes that they said were substandard and could not be added on to.
So in essence this is a story about how an abusive government is trying to punish a man for his "nonconforming substandard home" by any means possible and not a story of a man bent on avoiding the law.
They may be trailer trash, but they should be entitled, like the rest of us, to a government responsive to its citizens and not a government that abuses it's powers to rid itself of whatever people it deems as unacceptable for whatever reason.
Absolutely incorrect. The founders believed in obeying only those laws that were not arbitrary, unconstitutional, or extreme. For example, it was obvioulsly against the law and considered treason to rebel against the Crown, yet they did anyway and they were prepared to pay the ultimate penalty if they were defeated. Notice I did not say "if they were wrong". You can be defeated but still be right, i.e. the liberal activists judges in the 9th Circus.
Maybe she should move.
This will make target acquisition, aiming, and firing a weapon while in proper standing position fairly problematic.
Unless of course, the militia he speaks of is made up of NBA players.
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