Thursday, June 19, 2014

The Ultimate Evil – An Insult to All Americans

This news outlet has been silent for a 
while since your editor has been busy 
suing the City of Iron River and Iron 
County under the Headlee Amendment. 
Original jurisdiction lies with the Court 
of Appeals. In my opinion, the court's 
finding does not comply with Michigan 
laws , any system of morality and ethics, 
or any modern laws.

The ultimate evil, I think, is to hold a 
person responsible today for what some 
random unknown stranger may do in 
the future. Avoiding all religious 
trappings normally associated with the 
word “evil,” I only contemplate ethical 
and moral meanings devoid of any 
organized religion. There is no historical 
ethic, let along a formal legal system 
since the classical Greeks that allowed 
one person to be punished for the acts of 
another. So far as I know, the last one to 
permit such injustice was Hammurabi in 
about 1750 B.C. That's more than 3,700 
years ago! Yet here we are today, in 
Michigan, reverting to ancient forms that 
have long been abandoned as unjust.

Still, the Michigan Court of Appeals 
found it provident to impose the City 
of Iron River's financial interests over 
those of its citizens, and make that 
citizen financially responsible for what 
someone might do in the future. How 
far in the future? They didn't say. It 
could be next month, or a hundred years 
from now, but your humble 
correspondent is financially responsible 
for such speculative people performing 
such speculative acts as asking that the 
water be turned on.

As if that isn't bad enough, there's a 
kicker. It isn't just me, but if you read 
the water ordinances for Iron River, and 
it is found in just about all towns and 
cities, anyone who owns property near a 
water main can be held responsible to pay 
for water they don't use on their vacant lot 
because the city is required to provide water 
to you in 48 hours after request! It's right 
there in ordinance § 52.18, “Written notice 
given not less than 48 hours in advance 
shall be made to the city by the property 
owner and/or occupant of the premises when 
water service is desired.” You don't have to 
have a house or any other structure!

Here's what the Court of Appeals, at the 
instigation of the City of Iron River, wrote:

Plaintiff provides no authority from which 
it may be inferred that, by turning off the 
water at curbstop, the City is released from 
its continuing obligation to maintain the 
capacity to provide water and sewer 
services to the Plum Street property 
should plaintiff or a successor owner 
request a resumption of the water 
supply. Under such circumstances, 
plaintiff receives the benefit of use of 
the municipal water distribution and 
sanitary sewer systems, albeit to a lesser 
degree than other users of these systems, 
and the City's allocation of maintenance 
costs to those like plaintiff who are 
connected to these systems constitute a 
fee for service for purposes of the Headlee 

As the cornerstone for the Court of 
Appeals finding, it is morally, ethically, 
and legally bankrupt in my opinion. I 
filed my motion for reconsideration. 
Anyone with access to a computer has 
only to ask for a copy and I'll gladly 
provide it since all court documents 
are public unless a judge issues an 
order privatizing it in some form or 

You can find the court's complete 
order at:

Another significance of what happened 
here is what will this do to our future? 
How long will it be before this mindset, 
that government can do simply anything 
to us that they want, finds its way into the 
criminal laws? Hammurabi's code 
authorized the killing of an innocent 
child of a builder whose shoddy 
construction collapsed and killed the 
child of the homeowner. Is that what we 
want? No sir!

Like it or not, that's where this thing is 
headed unless I manage to stop it.
Please join me by pestering the city 
fathers with your objections, all in the 
legal way, of course, by writing letters 
and speaking at City Council meetings.

Iron River, you're back on the map again. 
But sorry, it isn't for any reason we should 
be proud of. 

Bill Vajk

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