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Old September 13th, 2007, 05:57 PM   #1
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Default KITM orv park in Decatuar

here is a letter i received address to me personally from the attorneys representing Hamilton Township

Dear Club President: (funny we do not have a club president)
I am writing to inform you that this law firm represents Hamilton Township in the Van Buren County Circuit Court case entitled Hamilton Township v David Stasiak, Carol Stasiak, and Kids in the Mudd Extreme Farm Inc. Pursuant to this ongoing Litigation, the Circuit Court Judge has issued a Preliminary injunction prohibiting Kids in the Mudd from changing the use of the land without the express permission of the township and from operating an ORV/ATV for-profit amusement facility. As you are no doubt aware, Hamilton Township has denied Kids in the Mudd’s request to operate such a facility. As a result, Kids in the Mudd’s contuing use of the property in violation of the zoning ordinance is considered to be in violation of the court order.

It is out understanding that your club intends to hold a United States Marine Corp-sponsored Toys for Tots toy run at the Kids in the Mudd on Dec 1, 2007. Be advised that this office considers this action to be a violation of the zoning ordinance and the court ordered injunction. Any such action subjects Kids in the Mudd, its owners, your club, and any participants to further legal action.

Further, the intended use of the property, as evidenced by last years similar event, constitutes a violation of Michigan Law, to wit MCL 324.81133 (a), (e), (o), (q), and ( r ). Every person found to be in violation of the aforementioned law is subject to criminal penalties. Violation is a misdemeanor, pursuant to MCL 324.81147, those found guilty face up to 90 days in jail, no less than $50.00 nor more a $1000.00 fine, or both, for each violation.

It is our understanding that the charitable org. that sponsored the previous events at Kids in the Mudd were misled as to the severity and nature of the ongoing litigation. Please be advised that this office will be in contact with the United States Marines to ensure that they are not misled into sponsoring an event that could tarnish their name or reputation. Using a charitable org to promote an illegal activity is beyond reproach.

Hamilton Township and its residents have exercised considerable restraint during the course of this lawsuit. However, continuing, deliberate, and flagrant violations of the Hamilton Township Zoning ordinances and the preliminary injunction will no longer be tolerated.

okay now i personally have never even been to the park, nor has our club ever held an event there. We had a few attend last years Toys for tots and that has been the only time any one from CheapThrills has even been on the property........................
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Old September 13th, 2007, 06:04 PM   #2
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Strange. Whats going on with this after the denial at the last meeting?
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Old September 13th, 2007, 06:07 PM   #3
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apparently they have been shut down from any use of any kind, atleast thats what i got from the letter, just not sure how they got my information and club info, and where they got teh idea that we were even putting on the toys for tots???


i like how the township has used restraint..............
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Old September 13th, 2007, 06:09 PM   #4
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I know this may not be the intent of your post, although it is crazy that you got a letter about it.

This KITM crap is so stupid. What's the reasoning for them not being allowed to be used as a ORV park? There's no good logic behind why they cant use their land for whatever they want. Especially with how little public offroading there is in Michigan.
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Old September 13th, 2007, 06:15 PM   #5
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Quote:
Originally Posted by ddeadserious View Post
I know this may not be the intent of your post, although it is crazy that you got a letter about it.

This KITM crap is so stupid. What's the reasoning for them not being allowed to be used as a ORV park? There's no good logic behind why they cant use their land for whatever they want. Especially with how little public offroading there is in Michigan.
it comes down to zoning.. the county is seeing KITM as an amusement park (which it is not) and they are requesting to be called a campground/park.

and yes it is stupid. sounds like some uptight neighbors are causing some problems.
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Old September 13th, 2007, 06:19 PM   #6
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yeah its zoned arig. the township says it needs to be zoned commercial, they won't rezone so the owners have been having events and rides as donation only, no charge adn from what i gather from the letter thats not gonna happen anymore either
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Old September 13th, 2007, 06:29 PM   #7
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You just got this letter today?
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Old September 13th, 2007, 06:31 PM   #8
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Quote:
Originally Posted by nyxis View Post
it comes down to zoning.. the county is seeing KITM as an amusement park (which it is not) and they are requesting to be called a campground/park.

and yes it is stupid. sounds like some uptight neighbors are causing some problems.
Yea it's some neighbors that's causing this issue.
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Old September 13th, 2007, 06:47 PM   #9
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i can only assume that they seen the club logo on our shirts when we were at the meeting for the township, the lawyer must of got my info and assumed i was the president because the domain name for the club is in my name???????????
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Old September 13th, 2007, 08:18 PM   #10
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This is what I found online about the law stated in the letter. I am only quoting the sections that they list in the letter.



NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994


324.81133 Operation of ORV; prohibited acts.

Sec. 81133.

A person shall not operate an ORV:

(a) At a rate of speed greater than is reasonable and proper, or in a careless manner having due regard for conditions then existing.

(e) In a state game area or state park or recreation area, except on roads, trails, or areas designated for this purpose; on state owned lands under the control of the department other than game areas, state parks, or recreational areas where the operation would be in violation of rules promulgated by the department; in a forest nursery or planting area; on public lands posted or reasonably identifiable as an area of forest reproduction, and when growing stock may be damaged; in a dedicated natural area of the department; or in any area in such a manner as to create an erosive condition, or to injure, damage, or destroy trees or growing crops. However, the department may permit an owner and guests of the owner to use an ORV within the boundaries of a state forest in order to access the owner's property.

(o) In or upon the waters of any stream, river, bog, wetland, swamp, marsh, or quagmire except over a bridge, culvert, or similar structure.

(q) In a manner so as to leave behind litter or other debris.

(r) In a manner contrary to operating regulations on public lands.
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Old September 13th, 2007, 08:53 PM   #11
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This is private land....So he can let people on it if he wants to right? I don;t know about all the laws and things.
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Old September 13th, 2007, 09:06 PM   #12
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This sucks!!
We went there for the Salvation Army benifit.
Brought food for them.
Had a GREAT time in the MUDD!!
Fun area to wheel!!
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Old September 14th, 2007, 07:34 AM   #13
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This is where I wish we (GLFWDA) had the financial ability to have a friendly attorney to respond back.

I did not read the injunction, but the Attorney's own letter indicates that they are not permitted to use the park on a for-profit basis. Since there is no profit motive in the TFT run, as long as no money changes hands, how can the private operation of ATV/OHV on private land be in violation of the court order?
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Old September 14th, 2007, 07:40 AM   #14
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I would guess that if this were pushed into the media that you could get an attorney to represent the cause free of charge.

Media loves to push anti goverment so I think someone should make some calls and compile facts then contact local media sources.
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Old September 14th, 2007, 07:51 AM   #15
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x2 ..
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Old September 14th, 2007, 08:03 AM   #16
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KITM has had an attorney through out all of this start to now. it wasn't until recently the township got an attorney.

just talked with Dave at KITM, and this letter totally blindsided him, hes getting a copy of it to his lawyer today. NEEDLESS to say he was not happy about it. And he told me that at one of his court proceedings the judge nailed home the fact that as long as they do not charge or make profit they can do whatever and have as many poeple on the property as they choose.

should read the front page on their site, see how many $$$ the township has spent

www.kidsinthemudd.com
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Old September 16th, 2007, 02:29 PM   #17
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the " neighbors " are camped out in a popup camper across the street from the entrance to kitm , and are video taping and photographing vehicles leaving the property . ( aiming at the license plate #'s ) for what intended purpose ?..... legality ?

could this be considered a violation of my / our privacy ? , or intimidation ?
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Old September 16th, 2007, 04:44 PM   #18
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It sounds like a bunch of whiners down there. When we have people at our place we invite the neighbors over for a cookout and buy them beer. They seem to enjoy what we do. I have talked to the a member of the township board, as he is a fellow wheeler and member of our club, He told me that as long as we dont charge a for sure price of attendance we are fine. That is why we just ask for donations. It Is our property and we can do as we please as long as we dont make a profit. Just my .02
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Old September 16th, 2007, 07:44 PM   #19
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We went there today. Had tons of fun! They were there again today taking pictures and things..I waved! HAHA
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