by Ray Kisonas , last modified May 19. 2010 11:03AM

A battle is being fought in a Monroe County court over property rights involving a group of motocross enthusiasts and their desire to allow riding on a piece of remote land in Ida Township.

Testimony is being heard before Monroe County Circuit Judge Joseph A. Costello Jr. in the bench trial that is pitting Ida Township against Chuck Mudge and Southeast Michigan Motorsports, a group of property owners that wants to ride dirt bikes on a track that was built on a 100-acre parcel of land off Ida West Rd.

On Tuesday, several witnesses testified in the sixth day of the trial that began on April 26 and is expected to continue on Friday. It is one of two civil trials that will help determine whether the owners will be allowed to use a track as they wish on the property they purchased for $420,000 two years ago.

“We simply want to use the property like any other private landowner,” Cindy Rhodes Victor, a Troy attorney representing the property owners, said in court during Tuesday’s proceedings. “We have argued through this case that the principal use is not a private park. We’re simply riding on property.”

The trial is weeks away from concluding. Judge Costello must listen to testimony and then review the case before rendering his decision once oral arguments are completed. He will decide whether there is a township ordinance that specifies the use of motocross on private property and whether the Ida Township Board applied the ordinance properly. It is expected that his decision will not be made until late June. Ida Township is being represented by Monroe attorney Philip Goldsmith.

Even when this trial concludes, the issue will not be completely resolved. A second trial is scheduled to begin in July with an alternative date in November. That trial will involve a jury, which will determine whether the township’s actions deprived the owners the use of their land. If the jury decides in favor of the owners, it also could decide on the amount of money they should be awarded by being denied the motocross track use.

During Tuesday’s proceedings a key witness was Ida Township building inspector David Friend, who answered questions for much of the morning and afternoon. While on the witness stand, Mr. Friend answered questions regarding Mr. Mudge’s private residence on Ida West Rd. where dirt bikers often ride legally. Mr. Friend testified that he once went to the home to see whether the Mudges were charging people to ride on the track behind his home. But he said on the stand there was nothing to indicate such a practice was occurring.

The idea of charging riders to use the 100-acre parcel of land in question as a motocross park is being alleged and contested. Neighbors have complained of dust and noise being created when riding was being practiced. But that has stopped after Judge Costello earlier disallowed the use of dirt bikes and ATVs until the issue is legally resolved.

“There was no park created,” Ms. Victor told the judge.

Edward S. Desbrough of the Ida Township Planning Commission testified that a public hearing on the special land-use application was held in May, 2008, but a site plan had not been submitted.

Mr. Desbrough said on the stand that without the site plan, the public did not have the full information regarding the property owners’ intent.
“Without the site plan, we didn’t know what exactly we were putting before the public,” Mr. Desbrough said.

http://www.monroenews.com/apps/pbcs.dll/article?AID=2010705199995

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For the first time in two years, Mark Oberly can hold auctions at his rural Dundee Township farm without the threat of a lawsuit hanging over his head.

That’s because Monroe County Circuit Judge Joseph A. Costello has granted a motion from Dundee Township to dismiss its lawsuit without prejudice against the longtime auctioneer regarding the twice-a-month consignment sales at his farm off Dennison Rd.

The township entered the motion Tuesday on the first day of a scheduled two-day trial after its attorney, James Petrangelo, met in conference with Judge Costello and Mr. Oberly’s new attorney, Cindy Victor. The term “without prejudice” means the lawsuit could be refiled if necessary, Mr. Petrangelo said.

“The township agreed to dismiss the lawsuit with the idea to continue to monitor the situation (and) see if a satisfactory agreement can be reached,” the attorney said Wednesday. “We discussed that with their attorney and they certainly agreed to it.”

Dundee Township Supervisor Joanna Uhl said the township offered the motion because it saw an opportunity to work with Ms. Victor on a mutual agreement and out-of-court settlement with Mr. Oberly. The auctioneer had been cited by the township for running a commercial business on agricultural land in violation of the zoning ordinance. The dispute has been brewing between the two parties since 2007, when the township sued for a court order to halt the auctions.

“This gives us a window of opportunity to work on an” out-of-court agreement, Mrs. Uhl said Wednesday. “We know they have a new attorney and she’s not had time to make herself familiar with the (case). This allows us some time.”

The trial was supposed to start Monday, but was delayed one day due to a criminal trial before Judge Costello. There was a chance that further court proceedings might prevent the case from wrapping up until the end of May, Mr. Petrangelo said.

“That was a factor,” he said. “We didn’t want the proceedings to be delayed. For now, the case has ended, without binding anyone with any court rulings on either side.”

He added both sides have time to “re-examine” the zoning issues.

Louis Galloro, Dundee Township ordinance officer, was the only witness to testify Tuesday before the case was dismissed. Mrs. Uhl said she was waiting to testify when the motion was being discussed.
The township didn’t oppose the raising of livestock and produce at the 50-acre farm. Just the sale of animals, tools, household goods and other merchandise not raised or made at the farm, local officials said earlier. Under the ordinance, a person can hold up to six garage or barn sales a year in an agricultural area.

Mr. Oberly said he and his brother, Mike, who handles growing produce for the farm, are both relieved with Tuesday’s outcome.

“We’ve been exhausting a lot of time and money into this,” the 46-year-old farmer said Wednesday. “This is a big pressure off my back. Although we still have details to iron out, we’re just so relieved that it’s over.”

He credited the backing of his neighbors and people sending him words of encouragement through e-mail and regular mail for contributing to the dismissal.

“It’s been wonderful to have support from all my neighbors and the people sending me letters… that’s what’s kept my hopes up,” he said. “I just want to go back to work and make some money so I can make an honest living.”

The next farm auction is May 16. About 1,800 people came to the last auction April 18, but were not present all at one time, he said.

READER COMMENTS

I urge Dundee Township Residents to read Mrs. Uhl’s and Mr. Petrangelo’s statements in this article slowly and carefully. The trial had already started and witnesses were being questioned. After Cindy Victor questioned Mr. Gallaro, the Judge asked for a recess asking both attorneys into private chambers. When the Judge asked both attorneys into his private chambers, it was to save the Township from further embarrassment. This has happened in other situations where Dundee has lost cases in the past. Mr. Petrangelo and Mrs. Uhl were forced into working out an agreement with Mr. Oberly. Mrs. Uhl states, “We know they have a new attorney, and she’s not had time to make herself familiar with the case.” This is not the truth. If it were so, why didn’t the Township postpone the trial to give Cindy more time? Remember, Mrs. Uhl is using political words to confuse Dundee Township Residents into thinking the Township is the good guy here. She is covering up the Board’s costly mistake. Mr. Petrangelo states, “That was a factor, we didn’t want the proceedings to be delayed. For now the case is ended, without binding anyone with any court rulings on either side.” Excuse me, the Judge saw that Cindy Victor was eating the Township up. This is why he stopped it early to save the Township further embarrassment. Again, this honorable Judge saved the Township from further embarrassment. Mr. Petrangelo was told by Judge Costello to work out an agreement with Mr. Oberly. It was not Mrs. Uhl or Mr. Petrangelo who appear to be good guys in this article. They were in the wrong. Thank you to Judge Costello, Cindy Victor and Mr. Oberly for sticking up for what is right.
– Posted by Allen on Sat, May 9, 2009, 6:45 pm EST

Let me see if I have this right: Dundee Township calls Ordinance Officer Louis Galloro to the witness stand, and after Mark’s new attorney, Cindy Victor, is finished cross-examining him, they decide to dismiss the lawsuit, and they want us to believe that it’s because this attorney isn’t familiar with the case? I may have been born at night, but it wasn’t last night!! I Googled Cindy Victor, and it appears that she has made a career out of fighting these kinds of cases. She won a $31 Million settlement against Sterling Heights, represents farmers and yard waste facilities against the City of Detroit, Macomb Township, Richmond Township and Casco Township, represents Brooke Heike against her former basketball coach at CMU, represented Ted Nugent and is an authority on the Michigan Right To Farm Act. I think Mark hired some heavy artillery, and Dundee Township didn’t know what hit it.

I think it is much more likely that after Mr. Galloro’s testimony, Dundee Township had no choice but to dismiss its lawsuit or lose badly. I don’t know how much the Township spent since 2007 fighting Mark, but it was a total waste of time and our money as taxpayers. I hope Mark gets all the money he paid in legal fees back from the Township. It isn’t right that he should have to fork over his hard-earned money to pay his attorneys to fight a lawsuit that should never have been started in the first place. Maybe if the Township had to pay those fees, then it might think twice before starting another lawsuit that it drags out for 2 years, and then dismisses after its first witness testifies.
– Posted by Nobody’s Fool on Thu, May 7, 2009, 11:46 pm EST

I was certainly pleased with the outcome of this seemingly never ending saga. The auctions are a historical factor in Dundee. Years ago (over 45 at least) I can remember going with my father to Dundee to buy chickens and other farm animals. After coming back to this area I had the pleasure of working for them for a short while in town and out at the farm. They are kind, courteous and caring business people. I’ve watched them educate kids in caring and raising all kinds of animals and give positive reinforcements for their efforts. The misconception that it was just a glorified unorganized selling of “junk” is deplorable. There are memories of the young and old that far out-weigh some archaic ordinance. The people of Dundee and Dundee township should embrace the Oberly’s efforts. As one last further comment, I admired the marketing move the people on Dennison Road who had the garage sale the weekend of the Oberly’s consignment sale – 1800 potential customers? Hmmm, I wonder how many more business in town capitalized on the Oberly’s efforts on that day, while complaining about Mark and Teresa. Rita Gust
– Posted by Rita Gust on Thu, May 7, 2009, 10:06 pm EST

I am glad this saga can finally be settled. It seems to me that the Dundee officials have always gave Mark a hard time with his sales dating back to his days at the old elevator. Its nice when adults can sit down and get things settled, even if it took the courts to get this going. If there is a conflict of interest (business competitors) with certain members of the township board and Mark Oberly, this seems like its the best way to settle this whole mess. I would have liked to see this member who is in question excuse himself from the entire process. If I am wrong on this statement, I do apologize, but sometimes perception becomes reality.
– Posted by local resident happy for Mark on Thu, May 7, 2009, 4:05 pm EST

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