Ypsilanti In Denial

Defendant-Appellant's Brief

2008-05-14T10:57:00.003-05:00

This is request for oral arguments in the case of Ichesco and the City of Ypsilanti v David Kircher.

It deals with the Judge Shelton's decision to act without jurisdiction and order the 107 E Cross to be demolished as well as his violation of my constitution rights of private property of said property.

OPRA Appeal

2008-05-14T10:54:00.003-05:00

This is my appeal to the Circuit Court for the County of Ingham in David Kircher v Stewart Beal.

Background Information

2008-05-14T10:45:00.002-05:00

This is background information on what happened during receivership of the Thompson building.

Exhibit One

2008-05-14T10:37:00.002-05:00

Here is the exhibit #1 mentioned in the previous blog.

Tax Commission Disclosure Documents

2008-04-20T19:10:00.000-05:00

Attached are documents provided by the Michigan State Tax Commission in the case of David Kircher v Stewart Beal and Michigan State Tax Commission et al.

THE FISH ROTS FROM THE HEAD DOWN

2007-11-03T15:18:00.000-05:00

The City of Ypsilanti wants an income tax because they need more money. They threaten to cut services. Why can't the highest property taxes in the state cover services? What they don't tell you is that 1.2 million dollars goes for Water Street bond interest. Yes, that piece of contaminated land with shacks on Michigan Avenue cost 1.2 million in interest alone, purchased by the same people asking for the city income tax. They also spent 1 million dollars on the "historification" of City Hall. Appearances are important. Their appearance -- your money. These people also have a goal to downsize city zoning to reduce population. Reduced population reduce State Aid. Then there are tax abatements: 2 million to Beal Properties, 5-6 million to Penninsular Place, and more to Chidester Apartments. The new assistant city manager is $75,000 plus fringes. No end in sight. The papers don't print this. All you see is how the Blue Ribbon Committee (Farmer's friends) is worried about Ypsilanti's Future. For Ypsilanti to have a future, Vote No! on the City Income Tax and hold these people accountable. Those who are incompetent should be replaced. The City Manager and Farmer's Council blew 20 million dollars on Water Street, then got praise and a raise. This sends the message that Ypsilanti rewards incompetence. The Mayor gave tax abatements to her friends. This message says -- Corruption! Government makes bad decisions, ignores good advice, fire's those who differ. This shows stupidity. They may mean well, but the Citizens of Ypsilanti need people who can get the job done right!

A "VOTE NO" ON INCOME TAX IS A VOTE FOR CHANGE!
SEND THEM A MESSAGE ON TUESDAY, NOVEMBER 6TH AND VOTE NO!

YPSILANTI IN DENIAL

[Download this flier HERE and distribute it to everyone you know.]

Kircher v. Beal

2007-08-06T22:00:00.000-05:00

The lawsuit I filed against Stuart Beal over the Thompson Block OPRA.

CLICK TO DOWNLOAD BRIEF:

Kircher v. Ypsilanti Township [FEDERAL]

2007-08-02T23:00:00.000-05:00

The lawsuit I filed in Federal Court against Ypsilanti Township over Eastern Highlands.

CLICK TO DOWNLOAD BRIEF:

Kircher v Ypsilanti Township

2007-07-17T16:46:00.000-05:00

The lawsuit I filed against Ypsilanti Township over Eastern Highlands.

CLICK TO DOWNLOAD BRIEF:

Eastern Highlands Appeal and Appendix

2007-07-01T11:53:00.000-05:00

My appeal to the Michigan Court of Appeals and appendix on the Eastern Highlands case.

CLICK TO DOWNLOAD APPEAL:

CLICK TO DOWNLOAD APPENDIX:

Defendent's Reply Brief

2007-04-10T17:28:00.000-05:00

My dependent's reply brief to the Michigan Supreme Court.

CLICK TO DOWNLOAD BRIEF:

Michigan Supreme Court Appeal

2007-03-05T23:37:00.000-05:00

My appeal to the Michigan Supreme Court regarding the Thompson building.

CLICK TO DOWNLOAD BRIEF:

On the record with David Kircher

2007-03-02T08:10:00.000-05:00

The following is from an article that appeared in the March 1, 2007 edition of the Ypsilanti Courier.

Editor's Note: The following is a Q and A article with Ypsilanti landlord David Kircher. Kircher, 64, was recently released from prison after posting a $1 million bond. He faces five years in prison for dumping raw sewage into the Huron River. In the following, he talks about the incident that led to his arrest and his experience as a landlord in Ypsilanti.

How long have you been renting property in Ypsilanti and what made you decide to become a landlord in Ypsilanti?
I have been renting property in the area since 1964.

I was the president of the Inter-Cooperative Council, a student-based cooperative housing group. When I was at University of Michigan, we did our own house repairs and I enjoyed that experience, which got me interested in becoming a landlord.

You have a bit more notoriety than other landlords in the city, how do you explain that?
For 30 years, I worked 12 hours a day, seven days a week to subsidize low-income rentals, often from people who had bad credit and who didn't pay. On an eviction, the only defense for non-payment is to claim code violation even if they had to be created.

I have had several successful defenses against the city for code violation cases, including one where the judge ruled the city building code was unconstitutional. The city has held a grudge.

You have been described as a "slumlord" by city officials. How do you respond to that?
It wasn't just notoriety, it was notoriety that I was a bad landlord.

Since I typically rented to a lot of low-income people, who eventually couldn't pay their rent, their defense was not that they didn't have money but that they had sub-standard facilities.

The city has been inspecting properties since 1986, and all of my properties have passed inspections.

Inspectors don't find electrical, plumbing or heating violations. They find housekeeping violations.

The city does not cite tenants for housekeeping violations, they cite the landlord if carpets aren't clean, dishes aren't washed or clothes aren't hung up.

You had owned the Thompson Building since the 1960s, until the Barnes and Barnes group was named the receiver. The Beal Group, who purchased the rights, has revealed plans to restore the building. Who do you think owns the Thompson Building?
The court will decide that. But, I haven't sold it, and I have not been paid for it.

Do you think the building will ever be back in your hands?
It remains to be seen.

You told City Council that you were in favor of a tax freeze for the Thompson Building, why?
Initially, I thought the abatement went with the building. Upon reading the statute further, I didn't think the abatement met the statutory requirements.

What is happening in court about the Thompson Building now?
The case is heading for the State Supreme Court, pending at federal court and sitting in circuit court.

You have been convicted of dumping several thousand gallons of raw sewage into the Huron River at Eastern Highlands, your former property. Your out on bond now, but how do you explain your actions?
We had living-space backup.

We pumped the sewage into a field, not the river. There was an unknown drain in the field.

That drain, on the construction prints, went to the treatment plant.

An unknown amount of sewage, containing no solids because of a screen on the pump, may have gotten into the Huron River. However, only 16,000 gallons went through the water meter.

In my opinion, the judge's interpretation of the statue makes everybody felons. Other statutes specify this was, at most, a misdemeanor.

I have a lawsuit pending against the Township Board.

Are you appealing the verdict against you from Eastern Highlands? On what grounds?
Yes I am appealing the decision.

In order to get 100,000 gallons of sewage, the 20 apartment units would have had to flush their toilets once a minute for 48 consecutive hours.

Tenants would have no time to sleep, no time to eat, no time for the tank to refill. Only the township officials would think that amount was appropriate.

Where is your appeal now?
It's in the process. My lawyer is handling it.

What made you run for City Council last summer?
To let people know the devastating consequences of the failed Water Street project and the impact on the city. To me, this is the city officials putting lipstick on a pig.

How do you feel that went?
Fine. I found the people, unlike the courts and politicians, view taking ones' property without payment as stealing, i.e. legal thievery.

Do you think you'll run for City Council again?
I can more easily get more information out on the Internet, under "Ypsilanti in Denial," my blog. The address is www.ypsilanti-in-denial.blogspot.com/.

Inspection

2006-12-05T10:30:00.000-05:00

The city's response to a request to inspect the Thompson building.

CLICK TO DOWNLOAD:

Background History

2006-11-15T14:42:00.000-05:00

A copy of a report by a structural engineer on the Thompson building at the beginning of the receivership process.

CLICK TO DOWNLOAD:

Ypsilanti in denial

2006-08-22T07:39:00.000-05:00

YPSILANTI IN DENIAL

Pre-Election:

The topics of transportation, subsidy cuts, recreation department cuts, and festival costs are the focus of discussion regarding city financial problems. The need to fill the vacant store fronts on Michigan Avenue, the Ford plant closing, and trying to attract new businesses are also issues.

WATER STREET

Alice Burg, City Planner, 1992-98, warned that Water Street would bankrupt the city. She was fired for her opinion. The city borrowed $16 million, bought property, evicted tax payers, and ran out of money and developers to do the construction. The interest on the loan is about a million dollars a year or $80,000 per month. This project has been going on for seven years. The re-elected council and mayor praise the city manager who lost the money, and give him a big raise and guarantee his retirement. They pay the old developer three-quarters of a million dollars not to sue. They pay $3 million to refinance and put off the loan payments. No one talks about the millions in interest or the $16 million wasted. They talk about attracting new businesses after they evict a twenty year company from Depot Town. They talk about savings after increasing all city pensions, including the city manager's.

THE THOMPSON BUILDING, 400 RIVER STREET

(RE: A license to steal)

This is a story about making your cronies rich. The city took over The Thompson Building in Depot Town to repair a broken window. The court order gave the exclusive right to make repairs to the city. The city attorney wrote a contract with the mayor's friends to:

do whatever they wanted
charge as much as they wanted
add 25% profit to all expenses including taxes, utilities, and legal fees
provide that the owner can't go on the premises so he is unable to check on what the bills are for
get a deed if not paid promptly

The city building inspector refused to inspect the property before the city took over. The fire marshall let the $300,000 sprinkler system freeze and become worthless. The inspector refused to enforce code, letting damage to the roof go unrepaired. The city fought in court the owner's request to be allowed to repair the roof to protect his property. The city allowed billings of $300,000 to be made -- none of which were for any repairs. These charges were for tearing out offices and apartments and for putting holes in the roof. The city then allowed for a deed to those who destroyed the building and ran a viable business out of the city. The 22 year old EMU student placed in charge pays $60 an hour for a sweeper, $250 per hour to talk to his parents for advice, plus 25% profit on top of it all. Where else but in Ypsilanti can you make $150,000 a year as a sweeper? Even better, with no supervision, they may not be sweeping at all. The city puts the building department supervisor across the street on a stake out trying to catch the owner checking on his property. The police are kept busy trying to investigate allegations that the owner was seen near the property. You can't get a response for a break-in, but 3 police cars are sent after a property owner accused of being on his own property. Don't take my word for it -- seven years on Water Street, five years on the Thompson Building. Look at what your governement does -- because what it does, it does very well. It fills the pockets of their cronies. It loses tax payer money. It lies to the public saying everything is fine, that the mayor (who lost $16 million) is doing a great job, that city council (who lost $16 million) should be re-elected, because with an income tax, they can lose that money too.

Ypsilanti in denial.

When you ask a question and the politicians sidestep the issue, they're communicating that you are too dumb to know the difference. Sure they may mean well, but since when does being nice, having a record of community service, a beautiful lawn, and helping out at the soup kitchen give these city officials the right to bankrupt the city? Do people tell you that they'll get good advice, but have a history of firing those who have already given good advice (and ignoring those they can't fire) sound sincere? Whatever happened to "Actions speak louder than words?" These people think the voters are stupid enough to put them back in office. Prove them wrong!!

Say NO to No Bid Contracts!
Say NO to Embezzlers!
Say NO to Secret Deals!
Say NO to Cover Ups!

USE YOUR VOTE TO TURN THIS CITY AROUND!!!