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Yesterday's Traverse City Record Eagle reports on the continuing situation with Lyle Barkley. Considering all the problems experienced by Self Defense Pact Militia recently, I very much doubt that Mr. Barkley can count on any support from that quarter.
Keith Matheny, `Deadline for Brief Looms: Trailer Dispute Has Already Sparked Threats,` Traverse City Record-Eagle, 031130.
HORTON BAY - A Bay Township man in a dispute with local government over trailers on his property has until Monday to file documents or face dismissal of his appeal of a Charlevoix County court ruling.
Lyle Barkley has threatened an armed confrontation with officials who attempt to enforce a district court ruling that he remove two, 12-by-60-foot trailers and a 24-by-34-foot former school portable from his land off Camp Daggett Road.
Representatives of state and national militia groups have said they will defend Barkley and his family if they are "attacked" by police or government officials.
District Judge Richard May this year sided with township officials who maintained the buildings were not properly permitted and violate local zoning and construction codes.
Barkley appealed the decision to circuit court. But in a hearing this month, circuit Judge Richard Pajtas found Barkley had abandoned his appeal by failing to file a brief with the court. By statute, Barkley now has until Monday to file the document outlining the legal reasons why May's ruling was erroneous and should be overturned.
Barkley said he and people assisting him intend to file a brief by Monday. But he blasted the court's denying him a jury trial, or the ability to present new evidence.
"Half of the facts we've brought out weren't brought out by the people helping me with my legal case before," he said.
Bay Township attorney James Murray said Barkley is improperly trying to do more than have Pajtas review May's decision.
"Mr. Barkley is simply confused as to the appeal process," Murray said. "You don't enlarge the record, and add new documents and evidence. It's not a re-trial."
Pajtas had earlier asked both sides if they had considered mediation to resolve the dispute. But negotiating a resolution with Barkley would not be appropriate, Murray said.
"I don't think you reward threats against the life and safety of a zoning administrator and a sheriff and a township by sitting down and negotiating once a judge has declared (Barkley) in violation of the law," Murray said.
Barkley said he should not have needed permits of any kind for adding the buildings onto his property.
"This thing is all unconstitutional, and I feel I am within my rights," he said.
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