Lary Holland: Official Blog, Links, and Resources

Local ordinances are quite a pain, especially where local officials think they can encumber your deed without a contract as if you are part of some new property owners association. I have to put my stance out there that if you want to manage my property, you have to buy my property. Simple as that.

Enter this Wisconsin story, Court to reverse foreclosure over parking-related fine, that appeared in the Journal Sentinel on September 11, 2008.

A disabled man by the name of Peter Tubic who:

According to the Social Security Administration, Tubic has been disabled since 2001. He has been diagnosed with psychological disorders that limit his “ability to understand, remember and carry out detailed instructions,” according to documents from the administration.

In essence, because of a van that was parked in his parent's driveway that did not have current plates, fines continued to be levied against this disabled man. Can you say excessive fines and bail? Well that is for another story.

Tubic, 62, got the fine in 2004 for parking his van with no license
plates in the driveway of his parents’ home — a violation of city
zoning codes.

The radiator had broken, and Tubic couldn’t renew the plates without passing the emissions test. He said he couldn’t afford to fix it and was overwhelmed with caring for his sick parents. The city Department of Neighborhood Services sent inspectors to his house for several months, each time adding a fee and sending him a notice because the van remained. Tubic ignored at least 15 notices.

What these local ordinances do not take into consideration is the fact that the American citizenry enjoy several absolute rights and liberties. Unfortunately many people are not fully aware of these unalienable rights and liberties, mistakenly thinking they are privileges. Because of a lack of full understand, it is making the citizens easy targets of unenlightened city, state, and federal authorities that aim to diminish a citizen's power.

Eminent domain is not just "the taking" but also includes "whose use and enjoyment of such property is interfered with" and that "just compensation" should be provided. In essence, the city should have been paying this man for their interference with his enjoyment of the property where he is not part of a property owners association that voluntarily encumbered this absolute right and liberty.

''When . . . [the] power [of eminent domain] is exercised it can only be done by giving the party whose property is taken or whose use and enjoyment of such property is interfered with, full and adequate compensation, not excessive or exorbitant, but just compensation.'' The Fifth Amendment's guarantee ''that private property shall not be taken for a public use without just compensation was designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.'' Source (Findlaw.Com)

Now keep in mind this man's original disability that prevents him from understanding, remembering, and carrying out detailed instructions... The city honestly believed that their local ordinance trumps this man's disability and this man's property interests in enjoying his own property.

Rather than challenging necessary issues of Constitutionality an attorney paid the fines associated with the case at hand and saved this man's house.

The city on Wednesday agreed to have the court reverse its foreclosure
on Peter Tubic’s property after a prominent local attorney paid the fine, which had escalated to $2,697.10 over the years.

The settlement came after William Cannon, of Cannon & Dunphy, sent a cashier’s check for the total amount along with a letter dated Sept. 8 to the city attorney’s office expressing his wish to have the city halt its case against Tubic’s property on the city’s southwest side.

I generally just want to thank the attorney and his firm for this Act of Random Kindness, but in essence I wish that the attorney's firm would have fully challenged the legitimacy of a city ordinance that unnecessarily infringes upon a disabled man's or any persons' unalienable Constitutionally protected rights and liberties to enjoy their own property. We must stand firm in all of our unalienable rights or lose them all one by one, which includes our right to parent, have property, be free from unlawful searches and seizures, and the right of free association among others.

The Signal in Santa Clarita Valley area recognized parental alienation in their most recent headline. Original Article Headline: "Ex-Wife hides two girls; Deputies return children to father"

Sheriff's deputies arrested a Valencia mom for investigation of child concealment, child endangerment and interfering with a law-enforcement investigation after they searched her home and found what they called poor living conditions, an official said Monday.

Carol Hershey, ex-wife of former Santa Clarita City Council candidate and sheriff's Lt. Mark Hershey, was taken into custody Sunday evening after she failed to comply with a court-ordered visitation by her ex-husband, said Lt. Tom Bryski. The couple's daughters, ages 12 and 13, were found hiding in a closet, Bryski said.

Mark Hershey is a lieutenant at the Santa Clarita Valley Sheriff's Station.

"This is a serious case of parental alienation," Mark Hershey said.

The lengths that some parents go through after an adversarial court proceeding for divorce, separation, and custody to conceal a child or to use their children to punish their former spouses is sometimes limitless. The court systems generally encourage this type of fighting as well as attorneys, counselors, and psychologists because it generates steady streams of revenue as a result of conflict.

Deputies asked for access to Carol Hershey's home on Sunday, but she refused, Bryski said. She also refused to tell the deputies the whereabouts of the two girls and falsely identified herself as Kathy, Carol Hershey's sister, he said.

Parental Alienation, according to Parental Alienation Hurts, "is any behavior by a parent, a child's mother or father, whether conscious or unconscious, that could create alienation in the relationship between a child and the other parent. Parental alienation can be mild and temporary or extreme and ongoing. Most researchers believe that any alienation of a child against (the child's) other parent is harmful to the child and to the target parent. Extreme, obsessive, and ongoing parental alienation can cause terrible psychological damage to children extending well into adulthood. Parental Alienation focuses on the alienating parents behavior as opposed to the alienated parent's and alienated children's conditions."

By recognizing that adversarial proceedings encourage parental alienation, we can put into place solutions that solve the majority of the ongoing conflict by protecting the parent-child relationship of both parents. A court system that lets parents know up front that disrespecting the other parent-child relationship will send a stronger message of positive government policy in support of both parents and children. In what should be an otherwise co-equal parenting environment reshaping the divorce, legal separation, and custody proceedings and outcomes for substantially equal time between parents will cause government systems to refocus on the parent-child relationship instead of on revenue generation for state bureaucracies.

Several websites provide information on protecting the parent-child relationships through legislation. Visit "Children Need Both Parents" at http://www.childrenneedbothparents.net for information on Federal and State proposed Constitutional Amendments as well as a study by Professor Donald Hubin on Parental Rights and Due Process.

In an Associated Press Report on December 2, 2008 the Pennsylvania Ethics Panel found District Court Judge Willie Singletary guilty for violating "various conduct rules in the courtroom and governing standards for district judges" and promising "favorable treatment to campaign donors." (Orig. Article: Evening Sun, Dec. 2, 2008) Contact the Pennsylvania Conduct Board of Pennsylvania and request removal of Judge Willie Singletary and help keep your judiciary fair, balanced, and impartial. Let them know YOU are watching too.

PA JCB Website: http://www.judicialconductboardofpa.org/

Filing a Complaint: http://www.judicialconductboardofpa.org/FilingAComplaint.html

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While perusing Yahoo News in the U.S. section today I couldn't help but
notice the headline "Paper: Man forced to support someone else's child." More problems in the child support enforcement industry. Overzealous system focuses on collections and revenue generation for the state rather than what is right. (Orig. Article: Yahoo News! December 6, 2008)

"HARRISBURG, Pa. – A Philadelphia man was forced to pay more than $12,000 in child support for another man's daughter and spent two years in jail for falling behind on payments."

"He served four six-month jail terms for not keeping up with support
payments between 2001 and 2005, then lost his job. Petitions he filed
for DNA testing were opposed by the court's domestic relations officials and denied by the judge."

This is another fine example of how the system currently encourages "Paternity Fraud" because it is not common practice to require repayment of child support payments that are being received as a result of fraud, deceit, or mistaken identity. By enacting laws that require repayment of monies received, it will naturally reduce the number of paternity fraud cases and protect actual parents and their parental-rights, especially when a parent names another person knowing they are not the real payment.

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