WEDNESDAY, DECEMBER 6, 1995
On behalf of the League, former State Representative Stephen Dresch advised the Sagola Township residents to contact appropriate officials in the Michigan Department of Treasury. On February 6, 1995, Joan E. Peoples, Executive Secretary of the State Assessors Board in the Treasury Department, formally notified the Sagola Township supervisor that the assessor's trespasses were illegal and that she had advised property owners to call the police in the event of continuing, unauthorized entry.
When the illegal entries continued, two property owners filed formal complaints with the Michigan State Police in Iron Mountain, and, after investigation, the State Police referred the complaints to the Dickenson County Prosecutor, who brought two trespassing charges against Sagola Township Assessor Dennis Karas.
At a hearing on November 27, 1995, attended by Dresch and Michael Heikkinen representing the Property Rights League, the defendant, supported the the U.P. and Michigan Assessors Associations, argued that his office granted him a right to enter private property. Rejecting this argument, 95th District Court Judge Michael Kusz ruled that there exists no statutory authorization for an assesor to enter private property and scheduled jury trials on the two charges for January 18 and 19, 1996.
Judge Kusz' ruling is supported by the opinion of legal counsel to the Michigan Townships Association, Bauckham, Sparks, Rolle &Thomsen, P.C., "Can Zoning Administrators, Building Inspectors or Assessors Enter Private Property?" Michigan Township News, January 1994, pp. 24-5, which concludes: "An assessor has no legal authority to enter upon private property to appraise its value. An assessor can only enter private property with express consent or implied consent."
In early November, Ray Maki and Leonard Manninen, checking the property for the Delenes, who are out of state as a result of an outstanding civil bench warrant for the arrest of Richard Delene, found a vehicle parked outside the locked gate, directly in front of a prominent NO TRESPASSING sign (one of many which ring the Delene property). On entry, Maki and Manninen met two persons who identified themselves as officials of the Michigan Tax Commission and indicated that they were touring the property on official business.
At a November 13, 1995, hearing before the Michigan Tax Tribunal, at which the Delenes were represented by Dresch and Sally Santeford, Michigan Tax Commission agents Michael Wainio and David Piippo revealed that they had personally visited the property while preparing to testify on behalf of Baraga County Equalization Director Pauline Cayanus against the Delenes.
Informed of the trespass and of the Dickenson County precedent, Lt. Michael Lloyd, commander of the L'Anse post of the Michigan State Police, has assured Dresch that the incident will be fully investigated and that the findings of the investigation will be submitted to Baraga County Prosecutor Richard White for possible prosecution.