Update amid Covid-19 Pandemic

Two years have passed since our case was filed in April 2018. Since then, several depositions have taken place, and most recently a motion for which there is a hearing scheduled. Unfortunately, and tragically, the world is now dealing with a pandemic due to the Covid-19 virus. We don't know yet if that will change the date of the hearing. According to the stats, there have been over 15,000 views on the blog, with April 16, 2020 being a high spot most recently. So for anyone looking, we hope everyone is staying safe, and well. We are still being advised by legal counsel not to post about the case, so posts will be few and far between until the case is over. Thanks for your patience. "Under Color of Law" is still available for purchase on Amazon. You will have to type in my name, "Larraine Stanislaw", for it to come up.

New Year, New Case

Well, not really. The new case was filed in April of 2018, and is progressing, but slowly. Discovery has been extended for the third time so depositions can be completed. So for anyone wondering, we're still in discovery mode, and will be for a few more months.

Would you believe it?

We're still in discovery mode! Trial date for our case is now set for mid-2020. As soon as possible, will again promote the book and post updates. Until then we're in holding pattern, so thanks for your patience.

Still in Discovery Mode

Comments of "WHAT BOOK??" have been prevalent around our township as word of it has gotten out. Would like to comment on the case, but we've not yet begun depositions. Delays and cancellations have pushed them back. Here we are in July already, and end of discovery is scheduled for September 1. So, stay tuned. I'll post something about the case when I can. Until then, "WHAT BOOK??" seems to be the word around the township. It's still available on Amazon.

Update

Depositions should start anytime in our case. Won't be posting for awhile. Attorney has given us instructions, so we're incommunicado. Thanks for your understanding. Will post something when I can.

"Used Car Dealer Regulations Kill Small Businesses"

We've had the first meeting regarding our case - a scheduling conference. Our first deadline is October 15 to turn over all of our documents. While searching for some, I ran across the following article I was asked to write in conjunction with Jack McHugh, Legislative Analyst with the Mackinac Center for Public Policy detailing the devastating affects Public Act 495 had. I hope you find it interesting.

Progress Report on New Case

After our new case was filed in April, a motion was filed almost immediately by the Defendants' attorney to change the venue from Michigan Circuit Court to Federal Court. Then prior to the conference to schedule discovery such as depositions, etc., they filed a motion to have it heard by the previous judge, and have it termed a 'companion' case with our first case. All of this is strategy and maneuvering, and was shot down immediately. But it delayed any further progress. Consequently, the scheduling conference has been delayed from July to September. So glad we're not impatient to get things underway.

Due to the sensitivity of much of the information regarding the case, I can only give updates of actual events. Nothing of substance regarding the case, itself, can be shared at this time, alhough, some of you may have heard the news that the Thetford Township Police Chief (Yes, the one in the book) was arrested last week (August 22, 2018) on charges of embezzling money from the sale of military equipment obtained through the LESO program, and obstruction of justice. This certainly throws a new twist into the situation. The arrest was the culmination of a year-long investigation by the local Sheriff's Department as to what had become of some of the equipment the Chief had obtained, and where some of the money was from equipment that had been scrapped at a local salvage yard that hadn't been turned into the Township. The Clerk promptly resigned the next day on the heels of the Police Chief's arrest. One thing is clear, the regime that has been in control, doing whatever they wanted with no fear of reprisal or being held accountable, is fast losing its grip. Stay tuned!

WOW! THINGS HAVE BEEN HAPPENING.

We got our new case filed in April. Now for the long road ahead. We meet with our attorney on July 23 to discuss strategy, and then meet with opposing counsel to set the schedule for discovery - depositions, and such. No promises...Anything can happen when you get into court. BUT, for those of you who have read the book or know our story, based on the decision made last August by the Zoning Board of Appeals to change how they were interpreting their Zoning Ordinance, just YESTERDAY (they had to wait until the minutes of that meeting were approved, and then get advice from their attorney), we received from Thetford Township newly signed Municipality and Zoning Approval forms stating our property IS properly zoned for a used car license, AND in compliance with ALL municipal ordinances. After 12 1/2 years, we finally have what we were entitled to have in December of '05.

Several have asked if I'm planning to write a sequel to "Under Color of Law." No one can believe we've hung in here as long as we have, OR are at the point we are. Can't say I haven't toyed with the idea, but for now, I will just keep working on our case - Still researching information to show our unequal treatment, and reviewing depositions from our previous case. GETTING READY! Have to see this through before thinking about the future. Will keep you posted, I promise!

Blog Stats & Progress Report

To date, there have been over 6,000 views on this blog, 523 just last month! We've completed exhaustive remedy in preparation for our new case. More revelations came to light through this process. I actually was in shock at one meeting with what was said implicating multiple officials. It's taken us 12 years to get to this point. Hope 2018 will bring resolution to this whole ordeal.

Update on Stanislaw v Thetford Township

My apologies for not posting for so long. It was late last year when I posted last. As you know, those of you who have read Under Color of Law, or are close to the story, new details were revealed to us toward the end of the book. This led us to new revelations, some of which we could never have imagined! All of this has opened up new possibilities for justice and resolution, and the possibility of a whole new case.  Though that has not yet happened, it's becoming a distinct possibility. We're currently going through exhaustive remedy in Circuit Court. This is a necessary process for bringing a new case for civil rights violations, and are diligently working to bring that to pass. Needless to say, my attention has been taken up on this new possibility.  A sequel may be in the works. In the mean time, I am planning a book signing on May 6th from 10 to 4 at the LaFurgey Community Room attached to the Mt. Morris District Library. Hope to see some of you there.

Beware:  Late Term Legislative Session Looming

Hidden Agendas, Secret Deals, and Last Minute Revisions

Typical of Late Term Legislative Sessions

 

On the last day of the Michigan legislative session in December of 2004, and at the point when passage was imminent, new requirements for auto dealers were inserted into Bill 4231 which dealt with abandoned cars. This resulted in the loss of an estimated 1,000 businesses throughout the state, including our own.  Under Color of Law highlights the last minute antics, secret deals, and hidden agendas typical of late term legislative action, and tells the personal story of those affected by them. With another late term, end of the year legislative session looming, Under Color of Law becomes even more relevant.

Under Color of Law, the Story of P.A. 495 was written to increase awareness of how the legislature conducts business, and to tell the story of what happened here in our state. It raises key questions about procedural safeguards and constitutional guidelines that were bypassed by the legislators, the late night passage of P.A. 495 after 'last minute' revisions, and details the devastating effects on those caught in its crosshairs. It’s an enlightening story of what can happen to anyone when government operates without parameters or accountability, and at the behest of those with money and power.

 

A big "Thank You" to the Tri-County Citizen for the excellent article in the September 11, 2016 issue. The paper is distributed throughout Genesee, Saginaw, and Shiawassee Counties, and can be viewed at http://tricountycitizen.mihomepaper.com. Click on "News".

A big "Thank You" to the Genesee County Herald for mentioning the book signing at the Clio Center for the Arts Art in the Park event on Friday, August 26th. To those of you who have read the book, and are interested in our ongoing legal issues with Thetford Township, you will be happy to know new action was filed on Thursday, August 25, 2016 in the Circuit Court of Genesee County, MI. appealing the Zoning Board of Appeals' denial  of our appeal to them that Thetford Township adopted a policy that conflicts with their zoning ordinance, and, in effect, changed our zoning defacto leading to the basis of their claims on which they based the denial of our ability to renew our licenses at the end of 2005, resulting in the loss of our business. We believe we have presented adequate proof this policy exists, and that it has been used in an arbitrary way violating both our rights to due process, and equal protection.

Due to this new action, I have not had time to promote the book as I would like, so a big "Thank You" for the interest the book is generating. The comment heard most often from readers is that once they start reading, they can't put the book down. That's very gratifying! A former Thetford Township Trustee told me it should be required reading for every trustee elected to the township board.  To date, the blog has had nearly 400 views, and as mentioned in a recent post, Under Color of Law is now in the Library of Michigan.

Because of the interest the book is generating, and the importance of addressing the questions we have identified regarding the way in which Public Act 495 was passed, I am reposting them for new viewers. Michigan State University College of Law and Hillsdale College have both notified me by letter that they are distributing information on the book for use as a possible research project. Any effort to address these questionable actions by our lawmakers is appreciated. It our hope that Under Color of Law will make an impact by promoting awareness and prompting discussion that will bring about real change in how our lawmakers conduct business. Thank you for all who are having a part in making this happen.

Questions Raised by Under Color of Law the Story of P.A. 495

Since the passage of P.A. 495 has raised several significant questions involving the actions of legislators, and encompasses public policy as well as constitutional and procedural issues we are seeking public policy organizations and groups to address these issues. Questions that have yet to be addressed include:

·         Why fiscal impact studies were not done to determine the impact on the businesses being regulated per the Michigan Administrative Procedures Act 24.240 Reducing disproportionate economic impact of rule on small business MCL 24.245(3) Section 40,

·         Since the new “Established Place of Business Requirements” were applied to license renewals of those who were home-based and others whose business models did not require them to operate a full retail establishment, should the appropriate department have reviewed the takings assessment guidelines prepared under the Property Rights Preservation Act 101 of 1996 24.424 (3) and a consideration done of the likelihood that the governmental action may result in a constitutional taking per Section (4) of that Act?

·         Since the Michigan Constitution states, “No law shall embrace more than one object, which shall be expressed in its title” and “No bill shall be altered or amended on its passage, was the Michigan Constitution violated by adding the “Established Place of Business Requirements” the day of its final passage into a bill that dealt only with abandoned vehicles, had nothing to do with business or licensing up to that point, and had already been passed by the House on August 9, 2004?

·         Does the definition of ‘rule’ as defined in the Administrative Procedures Act 24.207 apply to the “Established Place of Business Requirements,” and what are the parameters of “on its passage” as intended by the Michigan Constitution?

·         P.A. 495 Section 248 (1) states “this subsection does not apply to renewals.” If this is referring to the new “Established Place of Business Requirements” as it appears, does this mean that a ‘grandfather clause’ was overlooked or intentionally ignored?

• Were Senate Rules of Procedure violated since they prohibit an amended bill from being considered in the Committee of the Whole or on Third Reading until the amendment or amendments have been printed in the Journal (Senate Rules Chapter III Section 4 3.403. And yet Bill 4231 was voted on for passage by the Senate the same day amendment S-2 with the new “Established Place of Business Requirements” was added.

A book signing is planned at the next Clio Art in the Park event on August 26 from 10:00 to 5:00. It will be at the park by Walmart near the intersection of Linden and Vienna Roads. Hope to see you there!

Under Color of Law

The Story of P.A. 495

and the Search for Justice when Caught in the Crosshairs of Money, Power, and Government

NOW IN THE LIBRARY OF MICHIGAN

Notified August 4, 2015, Under Color of Law has been accepted into the Library of Michigan. According to their letter, library users will be able to locate the item by searching the ANSWER online catalog system. Go to www.michigan.gov/libraryofmichigan. I tried locating the book and couldn't yet access it, so it may not be catalogued yet, but will make sure it can be found or contact them, and put any updated info on the blog.

 

 

Owosso Books & More is now carrying Under Color of Law

 

Along with Totem Books in Flint, Owosso Books & More is carrying Under Color of Law.

Call (989) 729-7336 for availability.

Book Signing for "Under Color of Law"

A book signing for Under Color of Law will be held at:         Owosso Books and More at 119 W. Exchange Street, Owosso

July 16, 2016 from 10:00 to 12:00.

Featured Article on Front Page of Owosso Argus Press

"Durand native pens book on 'money, 'power and government' is front page headline in the Sunday, June 19, 2016's edition of the Owosso Argus Press. The article highlights "Under Color of Law," the way the new requirements for auto dealers were slipped into Public Act 495 just before its passage, and the devastating effects it had on auto dealers and small business owners throughout the state of Michigan. It also announces the next book signing at Owosso Books and More on July 16 from 10:00 to 12:00.

Photos from Book Signing at Totem Books in Flint

 

 

Book Signing & Discussion

at Totem Books, 620 W. Court St.

(across from White Horse Tavern) 

Saturday, June 18, 2016   2:00 – 4:00

With Larraine Stanislaw

Winner of the Aspiring Writers Association of America

2015 Manuscript Critique Award

 Come Join Us!