Showing posts with label trespassing. Show all posts
Showing posts with label trespassing. Show all posts

Wednesday, December 21, 2011

Constitutional Challenges in Petition to U.S. Supreme Court

                                                                                   Marvin Pirila & Gail Francette
                                                                                   1 N Cloquet Rd W
                                                                                   Esko, MN 55733
                                                                                   December 21, 2011

Eric H. Holder Jr, U.S. Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Solicitor General of the United States
Room 5614, Department of Justice
950 Pennsylvania Ave., N.W.
Washington, DC 20530-0001

Lori Swanson, Attorney General
Minnesota Attorney General's Office
1400 Bremer Tower
445 Minnesota Street
St. Paul, MN 55101

Attn: U.S. Attorney General Eric Holder, Minnesota Attorney General Lori Swanson, Solicitor General of the United States

One: In their petition to the U.S. Supreme Court, petitioners Marvin Pirila and Gail Francette challenge the constitutionality of the Minnesota Government Data Practices Act. This case is Appellate Court Case No. A11-276, Petitioners, Marvin Pirila & Gail Francette vs. Respondents, Thomson Township, Thomson Township Fire Department, John Gulland, Duane Grace, Jeffrey Juntunen.

Only five metropolitan areas are required to follow the Data Practices Act, leaving all citizens outside of those areas at the mercy of townships and cities. In our case, Thomson Township agreed to provide information voluntarily, and then never delivered on that promise, despite numerous requests. A legislator said they amended the reach of the Data Practices Acts reach to alleviate costs for smaller municipalities and townships and those excluded were to provide the information voluntarily. This was a monumental mistake as there are no repercussions for their failure to provide transparency to their actions. This is a violation of the public citizens’ right to know what his and her taxes are paying for. Ironically, after discovering they were not subject to the Data Practices Act, Thomson Township suddenly would not provide the information requested. However, during legal discovery they used the objection that the Data Practices Act forbade them from sharing information. On one hand, they do not have to provide information because they are not subject to the Data Practices Act, and on the other, they do not have to give the information because of the Data Practices Act. The MGDPA fails to uphold the need for transparency, the rights of citizens, and the principles of the U.S. Constitution.

The Act is unconstitutional, we argue, because it is not serving the citizens of this state equally.

Two: Is the Department of Labor and Industry, not the courts, the correct and legitimate authority to determine ministerial and operational level duties of building inspectors? Petitioners are also arguing that the Exceptions to Immunity under Minn. Stat. § 466.02 require clarification, as they are unrecognized by the Minnesota courts. Almost every exception to immunity applied in this matter, yet the lower courts ignored them in favor of granting immunity. The case history of Minnesota shows a cloak of sovereign immunity being granted to all levels of government under the guise of qualified, statutory, official, and vicarious immunities. Even if this guise did not exist, the exceptions to immunity existed and should have defeated any request for summary judgment.

There is a nationally renowned problem of blanket, unwarranted immunity granted to county, municipal and township officials. Only States and arms of the State possess immunity from suits authorized by federal law". Northern Insurance Company of New York v. Chatham County (2006 emphases added). Thus, cities and municipalities lack sovereign immunity, Jinks v. Richland County (2003), and counties are not generally considered to have sovereign immunity, even when they "exercise a 'slice of state power'". Lake Country Estates, Inc. v. Tahoe Regional Planning Agency (1979). Thus, the state courts practice of granting blanket sovereign immunity, while ignoring Minnesota Statutes exceptions to immunity to township officials, is unconstitutional. The courts ruled contrary to the powers expressly granted Congress “[t]o make all Laws which shall be necessary and proper for carrying into Execution” [Congress’s Article I § 8]. These powers included those that Congress expressly granted the MN DOLI in Minn. Stat. § 175.171.

Rather than limiting immunity, Minnesota like several other states, are essentially granting sovereign immunity to township officials in error. The U.S. Supreme Court has undertaken the rights of states to be sued in Alden v. Main, 527, U.S. 706 (1999), deciding in favor of the states in a 5-4 vote. This close vote shows the contention in the U.S. Supreme Court as to whether states should be granted sovereign rights. The sovereign rights of the state are being too broadly applied to include municipalities and townships in the courts despite the ruling in Jinks v. Richland County (2003).

The failure of the judicial courts to enforce notable exceptions to immunity has the broadest impact upon citizens of the United States. The power to create law exists strictly with Congress, yet the courts are creating law when routinely ignoring the statutes, rules, and laws rightfully created by the legislative branches of government. Without strict adherence to the laws, as well as the constitution of the U.S. and states, individuals are stripped of their rights and left without proper, due recourse in the court system.

In this specific case, the lower courts failed to take into account the numerous violations of Minnesota Rules and Statutes, criminal trespass, the censuring of defendant Gulland, and State and U.S. Constitutional violations. Moreover, the courts did not take the operational level and ministerial duties that defendants neglected or refused to complete into account. These are clear reasons for defeating summary judgment as they meet the definitions of exceptions to immunity under Minn. Stat. § 466.02.

An operational level decision involves “conduct which merely puts into effect a predetermined plan”. Gonzales v. Hollins, 386 N.W.2d 8452, 845 (Minn. App. 1986). Operational level decisions are not protected. Pletan v. Gaines, 494 N.W.2d 38, 40 (Minn. Dec. 31, 1992). Plaintiffs argued that the censuring of defendant Gulland was proof that he failed to follow operational and ministerial duties. The Minnesota Department of Labor and Industry was expressly granted powers by congress to oversee Minnesota State Building Codes and its inspectors (Minn. Stat. § 175.171). The MN DOLI, a department of the state, has the legal authority to determine the operational and ministerial duties of building inspectors.

Statutory Immunity (Minn. Stat. § 466.03, Subd. 6) is improperly granted when the dispute involves day-to-day (operational) duties. Similarly, official immunity is defeated when ministerial duties are involved. A ministerial act is “absolute, certain, and imperative, involving merely execution of a specific duty arising from fixed and designated facts.” Rico v. State, 472 N.W.2d 100, 107 (Minn. 1991). By default, if official immunity is lost, so is vicarious immunity. Malicious conduct is not immunized. Elwood v. Rice County, 423 N.W.2d 671 (Minn. 1988).

"A person who is under a duty to act has no discretion and must act whenever that duty arises while a person with a power to act can do so as he or she feels appropriate in his or [her] discretion". Robert W. Macauley and James L.H. Sprague, Practice and Procedure Before Administrative Tribunals (Toronto: Carswell, 1988-) at 5-7. The defendants were required to act or exercise discretion within narrow confines set by statutes and Minn. Rules. Instead, the defendants acted arbitrarily and beyond their statutory authority.

A citizen's ability to access the courts to enforce their rights should not be restricted, and if restricted, be kept to a minimal as much as possible. The real threat of legal action is the only effective way to ensure individuals take proper care in carrying out their duties. This case is indicative of what occurs in the absence of true accountability, the accountability already embedded in Minnesota Statutes and Federal Laws as exceptions to immunity, but not enforced by Minnesota and other state courts. There is no case history to show that Minnesota or other states are enforcing these exceptions. This leaves private citizens no legal recourse to which they are entitled.

Three: We find equally appalling that the lower courts do not allow Admissions be admitted when the other party fails to submit them on time, particularly when represented by counsel. We would like the constitutionality of this matter addressed by the U.S. Supreme Court. The purposeful delay of submitting admissions in a timely manner only delay proceedings and increase costs to all involved. This reduces the matter to a law of economic advantage rather than one of justice. Many states have ruled that late admissions are granted as acknowledged, allowing the case to proceed as properly scheduled.

Minnesota is holding onto old interpretations of these matters, long ago abandoned by other states that realized the importance of holding public officials accountable for malicious conduct.

Fourth, were the unconsented entries/trespasses violations of petitioners fourth, fifth, and fourteenth amendment rights?

Trespassing by two different defendants (building inspector and fire chief) on different occasions were in known violation of existing law, including the fourth, fifth, and fourteenth amendments. The U.S. Supreme Court needs to define the rules regarding entry for building inspectors and fire chiefs for the states.

The Attorney General of Minnesota has claimed that this is a matter left to the discretion of the County Attorney because of the autonomy involved. However, these are state laws, and more importantly Federal laws, involving constitutional rights of individuals. As previously stated, cities and municipalities lack sovereign immunity, Jinks v. Richland County (2003), and counties are not generally considered to have sovereign immunity, even when they "exercise a 'slice of state power'". The county attorney has been reluctant to say the least in pursuing the responsible defendants for obvious political reasons.

If a building permit were to allow free and legal access to property as defendants suggest, building inspectors would have “bullet-proof” protection against the fourth, fifth, and fourteenth amendments. Similarly, if a fire chief can merely enter into the private property of another because he has the right to “interpret” a possible situation as a fire danger, he, or she would be receiving unjust immunity to trespass. There is nothing reasonable about entering the private property of another, minus emergency conditions, without the simplest attempt at consent. It is not relevant if the door was locked or unlocked. If it was, we would be again be suggesting it is reasonable to enter the unlocked doors of anyone possessing a building permit or reasonable for a fire chief to enter under the pretext of an “interpreted” potential fire hazard.

The Fourth Amendment guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. In Mapp v. Ohio, 367 U.S. 643 (1961), the Supreme Court ruled that the Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment. Defendants failed to seek consent, possessed no warrant, and lacked probable cause when making entry to plaintiffs' personal property. Plaintiffs argue that it unreasonable for searches to take place without their consent or the consent of the contractors on site.

In Katz v. United States, 389 U.S. 347 (1967), the Supreme Court ruled that the amendment's protections apply only when the searched party has a "reasonable expectation of privacy". As these trespasses included times in which plaintiffs resided there, the property was privately owned, and their personal belongings were always there, they had every expectation of privacy.

The defendants’ entries without consent/trespasses lacked reasonable cause. The reasonableness requirement applies not just to a search in combination with a seizure, but also to a search without a seizure, as well as to a seizure without a search. Tennessee v. Garner 471 U.S. 1 (1985)

A "seizure" of property, we have explained, occurs when "there is some meaningful interference with an individual's possessory interests in that property". United States v. Jacobsen, 466 U.S. 109, 113 (1984). "At the very core" of the Fourth Amendment "stands the right of a man to retreat into his own home". Silverman v. United States, 365 U.S. 505, 511 (1961).

Because these searches were done without the advance knowledge of plaintiffs, they had no opportunity to deny or allow consent, or the chance to attend. These were planned illegal searches and plaintiffs' have no way of knowing if there was a seizure or what areas the defendants freely explored. This “willful misconduct” is synonymous with the term “intentional tort”. King v. Breach, 115 Pa. Commonwealth 355, 540 A.2d 976, 981 (1988).

The rights to privacy, like due process, are fundamental rights with special significance under the 14th Amendment to the Constitution. Pursuant to the equal protection clause of that amendment, the Supreme Court has held that some rights are so fundamental, that any law restricting such a right must both serve a compelling state purpose, and be narrowly tailored to that compelling purpose. The Supreme Court has legally recognized some fundamental rights not specifically enumerated in the Constitution, including the right to privacy.

Title 42 U.S.C. 1983 provides that: "Every person who, under color of any statute, ordinance, regulation, custom or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress". Minnesota courts failed to uphold the constitutional rights under the guise of immunity. See Monroe v. Pape, [506 U.S . 56, 61] 365 U.S. 167, 184 (1961). Section 1983 liability punishes only purposeful “deprivations” of constitutional rights, such as the trespassing/illegal searches committed by defendants Gulland and Juntunen. These were 4th, 5th [151a], and 14th Amendment violations used purposely to deprive plaintiffs of due process, the Constitutional right to privacy, and equal protection of the law. Section 1983 lawsuits for money damages are allowable against local government officials in their individual capacity, since local officials acting in an individual capacity are “persons” for Section 1983 liability, and thus are not protected by the 11th Amendment. McDonald v. City of West Branch, Michigan, 104 Sup. Ct. 1799 (1982).  

Both defendants Gulland and Juntunen were the final policymakers for the local government entity when they committed constitutional violations. Defendant Thomson Township was aware of these violations and engaged in them by writing letters citing concerns and alleged code violations. Plaintiffs wrote letters to Thomson Township expressing their concerns with trespasses and the conduct of defendants Gulland and Juntunen. A section 1983 claim was made in the complaint on March 16, 2010, depositions, and Plaintiffs' Memorandum of Law in Opposition to Summary Judgment.

In Ex Parte Young, 209 U.S. 123 (1908), the Supreme Court ruled that federal courts may enjoin state officials from violating federal law. Defendant Gulland, while hired by Thomson Township, was performing the duties as determined by the MN DOLI, a department of the state. If the state can be held accountable for federal violation, it reasons that those without any rights to sovereign immunity would be accountable.

Respectfully,


Marvin Pirila & Gail Francette, pro se
1 N Cloquet Rd W
Esko, MN 55733
(218) 391-2876
marvindp@msn.com

Saturday, November 5, 2011

Petition filed with State Supreme Court

APPELLATE COURT CASE NUMBER A11276

STATE OF MINNESOTA

IN COURT OF APPEALS

CIVIL SUIT

PETITION FOR REVIEW OF
Petitioners, Marvin Pirila & Gail Francette

DECISION OF COURT OF APPEALS

vs.

APPELLATE COURT CASE NUMBER: A11-276

Respondents, Thomson Township, Thomson Township Fire Department, John Gulland, Duane Grace, Jeffrey Juntunen

DATE OF FILING OF COURT OF APPEALS DECISION: 8/22/11

TO: The Supreme Court of the State of Minnesota

The petitioners Marvin Pirila and Gail Francette requests Supreme Court review of the above-entitled decision of the Court of Appeals on the following grounds.

1. Statement of legal issues [A-572 - A-605] and their resolution by the Court of Appeals

Legal Issue #1: Did defendants fail to perform the ministerial and operational (day-to-day) duties entrusted them [A-572 -581]: Appellate Court did not address.

Legal Issue #2: Did Defendants commit trespass? [A-581-587] Appellate Court did not address.

Legal Issue #3: Did Defendants have a duty to Appellants? [A-63-67, 587-593] Appellate Court did not address.

Legal Issue #4: Do the personal injury requirements of duty, breach, causation, and harm exist? [A-593 - A-595] Appellate Court did not address.

Legal Issues #5-8: Do applicable exceptions void claims of official, vicarious official, statutory, and qualified immunities? [A-595 - A-600] Appellate Court affirmed immunity applied, without addressing statutory exceptions.

Legal Issue #9: Are defendants guilty of gross negligence? [A-600-603] Appellate Court did not address.

Legal Issue #10: Summary judgment proceedings did not address claims of Deliberate Indifference, Section 1983, Section 1985, Tortious Interference, Fraud, Fourth Amendment, Fifth Amendment, Fourteenth Amendment. Appellate Court did not address. [A-603 - A-605]

2. Statement of the criteria relied upon to support the petition

The Minnesota Dept. of Labor & Industry censured [A-5 - A-9] the building inspector (file # 09.1244) stating, “… the Department has concluded that you engaged in the following violations of the statutes and rules that govern duties of a Minnesota certified building official: Minn. Stat. § 326B.133, subd. 4; Minn. R. 1305.903.2.7; Minn. R. 7676.1400; Minn. R. 1311; Minn. R. 1300.0110, Minn. R. 1300.0110, subp.3 and subp. 4 [A-7]. The MN DOLI also concluded that Defendant Gulland "did not maintain administrative control over this project, thus allowing others to dictate code compliance. This resulted in confusion and/or delays.

The application of the “immunity” defense in this case by the District Court and Appellate Courts implied there was a cloak of “sovereign and absolute immunity” to all duties of a local government official. The lower courts failed to consider the numerous exceptions to immunity that applied in this matter, leaving the impression that individuals are at the complete mercy of government officials. This interpretation contrasts sharply with the Minnesota Constitution Bill of Rights, Article 1 and 8, guaranteeing rights to the people, and specifically individuals. The public good is not served by protecting those that refuse or neglect to perform their most basic duties, ministerial and operational level in nature. The clarification of these exceptions, and possible consequences, would serve all citizens of this state that work with government officials. The award of immunity should only come through good faith efforts, and the strict adherence to ministerial and day-to-day (operational level) duties. The lower courts dismissed charges of trespassing/entry without consent under the defense of immunity.

3. Statement of the case

Petitioners bought the property at 1 N Cloquet Rd W in Esko, MN, from Thomson Township in 2006. Petitioners allege that respondents maliciously and willfully neglected their ministerial and operational (day-to-day) duties in overseeing the applicable building codes and ensuing building permits. Additionally, Petitioners claim defendants performed their discretionary duties with malice, gross negligence, and lack of good faith.

Respondents had operated out of this same building for 13 years, yet determined once sold that it was a new construction and not a rehab project under the Guidelines for the Rehabilitation of Existing Buildings (GREB) (Minn. R. 1311). Once requested, as it was by petitioners, GREB's use is mandatory [A-5]. Nonetheless, respondents refused to follow GREB and demanded building codes that were far more expensive to follow.

The Minnesota Dept. of Labor & Industry was involved twice in an effort to get the project moving. The MN DOLI investigation that ensued resulted in retaliation by building inspector John Gulland. The MN DOLI had to intervene to stop this retaliation [A-83 - A-84]. Both the building inspector and fire chief in question both trespassed and currently being investigated by the Carlton County attorney.

Summary Judgment was granted at District Court and affirmed at the Appellate Court based on claims of immunity, without due consideration of exceptions that applied.

4. A brief argument in support of petition

Minnesota Statutes and Rules include exceptions where immunity is lost, specifically in cases of bad faith and the failure to follow ministerial duties. “Sovereign Immunity” is being enforced under the guise of other immunity defenses. The blanket “immunity” that is applied to cases such as this is unconstitutional as it fails to protect any rights of individuals subjected to abuses. Exceptions to immunity were intended to provide recourse to individuals and protect them from such abuses that petitioners endured (trespassing, bad faith, retaliation, intentional delays, failure to complete on-site inspection cards, failure to keep records of inspections at the township, failure to put orders in writing). Petitioners routinely requested orders in writing to avoid the resulting ambiguity only to see their requests ignored. If this is the best one can expect of building code administrators and expert plan reviewers, what should one expect of those they oversee and/or mentor? One should be able to expect a basic framework from which everyone operates. Minus this framework, there is too much power left in the hands of some unscrupulous and malicious individuals. This individual in turn decides whether or not the project will succeed or fail, based on his or her own objectives. Without the proper checks and balances, injustice is inevitable, and when it is without recourse, unconstitutional.

Constitutionally, can a statute stand that has no backbone? As stated in Mitchell v. Forsyth, “where an official could be expected to know that his conduct would violate statutory or constitutional rights, he should be made to hesitate. . . . " Id. at 457 U. S. 819 (emphasis added). Statutes and rules without “true” meaning or possible punishment embolden, not hinder deviant behavior. In petitioners’ case, not only did defendants know they were deviating from established and/or expected norms; they did so with no hesitation or worry of consequences. This became highly apparent by the trespassing and forced inspections that took place during the ongoing investigation by the MN DOLI. The defendants knew the legal system allowed them extraordinary latitude and they simply did what they wanted, caring less about doing it professionally or ethically.

The Supreme Court is the right authority to determine whether there is going to be a continuance of this enormous latitude, striking all exceptions, or to rule in favor of “limited” immunity. The responsibility of all workers, both private and government, is to follow the basic rules (ministerial duties) of their positions. The law needs to clarify what truly constitutes an exception to immunity as this has statewide implications. A clarification is needed as to what “consent to entry” consists of for building inspectors and fire chiefs. In petitioners’ case, entry was made with no notification, or emergency need. They made no attempt before or during the entry to justify themselves. These were illegal searches, done by local government officials, who hang their hat on the defense of immunity. These searches were clear violations of the 4th Amendment and Constitution of the State of Minnesota.

Minnesota Statutes and Rules were not intended to grant government employees “absolute” immunity, but to hold them responsible for ministerial and operational level duties. Although immunity is granted in most discretionary functions, it is lost when malice or bad faith is established. Article 1, Bill of Rights (MN) Section 1, includes, “…Government is instituted for the security, benefit and protection of the people…” Section 8: “…Every person is entitled to a certain remedy in the laws for all injuries or wrongs which he may receive to his person, property or character…”

The constitutionality of the Data Practices Act is at question as well. In this matter, the township failed to answer several requests for information, because the Data Practices Act does not apply to them [A-184 - A-186]. Thomson Township withheld information that may have helped with this case because there is no accountability for failing to do so.

For these reasons, the petitioner seeks an order granting review of the decision of the Court of Appeals.

DATED: September 6, 2011

PIRILA & FRANCETTE

By Marvin Pirila
Pro Se - Appellant
1 N Cloquet Rd W
Esko, MN 55733

Thursday, October 13, 2011

Private Property

The Founders believed the basic rights of mankind came directly and exclusively from God. Therefore, they were to be maintained sacred and inviolate. William Blackstone, in “Commentaries on the Laws of England,” wrote “…natural rights...no human legislature has power to abridge or destroy them, unless the owner shall himself commit some act that amounts to forfeiture.” (Commentaries, 1:93).
These “natural” rights are inherent rights given to us by the Creator, and thus “UNALIENABLE.” Among Unalienable Rights are 1) the right to own, develop, and dispose of property and 2) The right to privacy.

As owners of the Old Washington School in Esko, Minnesota, we were told by building inspector John Gulland what and when we could do something. Even though he was wrong on several accounts, Thomson Township (Esko) officials stood behind him under the guise of “immunity.” The argument of the state is that individuals would not take these jobs (building inspectors, guardian ad litems, fire chiefs, etc.) if they were held liable. All of us in one capacity or another are liable for our actions. Why would a person turn down these jobs, which are like any other job? The argument is moot and has been largely discarded by the majority of the states. Minnesota, however, holds onto this “false” concept, refusing to allow exceptions to immunity that are written into law and is there to afford individuals some form of protection.

Case law and appellate court decisions continue to support the ideology of “absolute immunity” to all city, state, county, and local municipal workers. Without liability, there are many individuals being persecuted and forced into secrecy. They are afraid of retaliation or future problems. From my own personal experiences, these fears are well founded. The protection afforded these protected individuals is so great they embolden them to take whatever actions they want without fear of liability or consequence.

The building inspector and local fire chief made entry onto our private property without consent, or even attempted consent. They also had no subpoena or emergency reason for justifying entry. These were clear trespasses. These were continued attempts by local officials to thwart progress and create problems. More disturbingly is how they may have gained entrance in the first place. As the building was locked, how did they gain entry? The best guess is that they had retained their keys to the building after Thomson Township sold it. Many of the doors had not had their locks changed and they simply let themselves in. It turned out that Thomson Township didn't have a full accounting of keys for the building and these individuals would potentially have had these keys.

There were no vehicles in either lot when entry was made, so consent could not possibly have been sought. Both owners were just a simple phone call away and yet no attempt was made.

These entries were clear violations of the Fourth Amendment. The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause.

Blackstone included the right of “private property” as one of the three principals or primary articles of “natural rights.” He wrote that this right was our civil immunity “in their largest and most extensive sense (Blackstone, Commentaries on the Laws of England, 1:219-220: emphasis added.)

Frederic Bastiat, in “The Law,” pages 5-6, wrote “…the fact that life, liberty, and property existed beforehand [before law] that caused men to make laws [for the protection of them] in the first place [Irvington-on-Hudson, N.Y.: The Foundation for Economic Education, Inc, 1974.

The Creator has imposed on every human being of normal mental capacity, among other, “The duty not to trespass on the property or privacy of another.” They also include the “duty to support personal and public standards of common decency” and “the duty to follow rules of moral rectitude.”

Gods’ revealed law provided true “justice” by requiring the wrong to pay the damages for losses he had caused. Punitive damages were assessed for the trouble he had caused and to remind him not to do it again. This was the law of “reparation” – repairing the damage.

As laws followed the need to protect the unalienable rights to property, trespasses lacking emergency life measures cannot be taken lightly. The fact that police require subpoena’s to search one’s property when the owner refuses shows the importance of private property rights. Even when a search is agreed too, consent may be withdrawn at any time by the owner.

Subpoena’s themselves are restricted, allowing its carrier to search only those areas specifically agreed to by the court. These are not intended to be mere fishing expeditions, but specific searches.

The manner in which the building inspector and fire chief made entry to our private property lacked proper consent, subpoena, or emergency justification. The right to privacy on ones property preceded law, and the law ultimately was created to legalize enforcement.

There is no law, nor could there be among man, that can supercede the unalienable right provided to all of us by our Creator. The duty of the court, judges, police, legislators, and county prosecutors is to protect this right to private property. There are only limited exceptions, when missing, must result in trespassing charges.

The biggest question in this matter is why the County Attorney, Thomas Pertler, has drug his feet on this matter for a year and a half. Is he afraid of upsetting Thomson Township and its Fire Department, perhaps wanting their vote for his elected position? One broken promise after another leaves one to wonder what justice is truly being served when the law is not upheld by those entrusted to enforce them.