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January 8, 2004Bay Township: Trailer owner requests reconsiderationLyle Barkley wants judge to reconsider caseByRecord-Eagle staff writer CHARLEVOIX - A Bay Township landowner who threatened anyone attempting to remove illegal trailers from his property is fighting to get his dismissed court case reconsidered. Lyle Barkley, his wife and their daughter each this week filed documents asking circuit Judge Richard Pajtas to vacate his dismissal of their case, and re-hear and reconsider it. Barkley maintains he will meet with armed force any attempts to enforce the court's order that the trailers be removed. Members of various militia groups have stated they will defend the Barkleys if they are "attacked" by local authorities. "I'm not going to lay back like an old dead dog and let them walk all over top of me anymore," Barkley said. At a Dec. 19 hearing, Pajtas dismissed all three Barkley family members' appeals. Last August, district Judge Richard May sided with Bay Township and Charlevoix County building officials, declaring that two trailers and a former school portable the Barkleys added to their property off Camp Daggett Road violated local zoning and construction ordinances. Barkley said it is unconstitutional that he was not allowed a jury trial. He continues to maintain the township's zoning ordinance is illegal, an argument the courts rejected. Following December's dismissal, Bay Township attorney James Murray said township officials were free to enforce the district court's earlier ruling whenever they saw fit. Township officials contacted this week said they have made no determinations when or how to act. "Obviously, we're going to proceed cautiously," Bay trustee Chris Monk said. Bay trustee David Simmons said it may be difficult to mediate with the Barkleys, because the courts have already found them in violation of the law and in contempt of court. "You don't want to set an example that all somebody has to do is make a lot of noise, go to the media and get a lot of militia people involved," he said. Charlevoix County Sheriff George T. Lasater said his department stands ready, but still hopes to avoid any violence. "We're waiting on orders from the judge," he said. "We will do our job."
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