6th Circuit Opinion

The government may not decline to recognize long-established interests in property as a device to take them. That was the effect of the Michigan Act as applied to the plaintiffs here; and we agree with the plaintiffs that, on the facts alleged here, the County took their property without just compensation. We therefore reverse the district court’s dismissal of their claim against the County under the Takings Clause of the U.S. Constitution.

The Magna Charta itself had provided that a debtor’s lands could be taken only to the extent necessary to satisfy the debt. Magna Charta ¶ 26 (1215); see also Den ex dem. Murray v. Hoboken Land & Imp. Co., 59 U.S. 272, 277 (1855).

In an 1808 case, for example, Chief Justice Marshall held that a tax collector had “unquestionably exceeded his authority” when he had sold more land than “necessary to pay the tax in arrear.” Stead’s Ex’rs v. Course, 8 U.S. 403, 414 (1808); see also, e.g., Margraff v. Cunningham’s Heirs, 57 Md. 585, 588 (1882) (tax collector’s “duty is to sell no more than is reasonably sufficient to pay the taxes and charges thereon, when a division is practicable without injury”); Loomis v. Pingree, 43 Me. 299, 311 (Me. 1857) (applying the same rule); Martin v. Snowden, 59 Va. 100, 118–19, 139 (1868) (same).

“According to the long-settled rules of law and equity in all the states whose jurisprudence has been modelled upon the common law,” the Court wrote, “legal title to the premises in question vested” in the creditor upon the debtor’s default; yet the landowner still held “equitable title” to the property. Bronson v. Kinzie, 42 U.S. 311, 318 (1843)

Hall v. Meisner

Lehto Commentary

Hearing Oct 13th

Clinton Court House

The actions of the Town of Bolton the Landlord in this case constitute a Constructive Eviction against me, Alan DiPietro the Tenant. I reside at 110 Teele Road the locus of this case. A Fact pattern exists which stretches back to at least 2016, which has violated the Implied Warranty of Habitability and created a Breach of Quiet Enjoyment and is part of the Violation(s) of Due Process before the court. The Town has and continues to prevent me from complying with a Superior Court Order to provide equitable and injunctive relief to said Town, (Ex. AW) by withholding approved permits and confounding the sale of the property. The Town has conducted an unconstitutional taking of property without just compensation, keeping property that is significantly beyond the amount for which they have a claim, a grossly disproportionate and excessively punitive windfall. No individual would be allowed to violate the law in this way. Why should the town, which is just a municipal corporation of its residents? Were these actions in the common conduct of business? What is the just cause? Whether these actions were intentional and/or malicious or just a nuisance is for the jury to decide. Will those who authorized these actions be required to repair? Who else have they done this to?

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Exhibits

Eviction (Summary Process Session) Hearing September 1

We have been busily preparing for his day in Court, as Farmer will be representing himself.   The Summary Process Session is scheduled for Thursday, Sept. 1, in the Clinton District Court and is open to the public.

As part of our research went sat in several cases last week. It was actually quite interesting. The judge struck me as being very fair and thoughtful, and went out of his way to explain things which is so important, especially when defendant have hastily assigned Public Defenders or no lawyer at all, and those for whom require the assistance of a translator. We witnessed all these situations.

Farmer filed this “Answer” under the advisement of Legal Aid.  Since then we have researching similar cases, printing out documents, and trying to get a lawyer or some press coverage (unsuccessfully so far). Dipietro-Answer-07.13.22.pdf

Right to Farm?

 Right of Farm Community

Bolton is a “Right to Farm” community. This is not a unique designation: the right to farm is already given to all citizens of Massachusetts through the state constitution. The Bylaw and Commission strengthen it through support, education, and advocacy.

Docket Number 19 TL 001139 Town of Bolton v. Alan DiPietro et. al.

I humbly request and pray that the court order the release of the previously signed and approved permits for Parcel I (3e-33) and provide time to sell the property and redeem the tax titles. The town of Bolton has been at the same time demanding payment and withholding permits preventing the sale and payment of the back taxes on my farm and homestead.

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Click to access LandCourtResponse.pdf

Got Gas?

Russian president Vladimir Putin has signed a decree that demands ‘unfriendly countries’ must pay for Russian gas in rubles.

The new law dictates that ‘unfriendly countries’ must open accounts in Russian banks and will come into force on April 1.

Current gas supply contracts will be stopped if buyers from ‘unfriendly countries’ do not meet new payment terms.

Farmer for Selectman

Do you think we can convince Farmer to run for Selectman?

Maybe then we can break through the bureaucracy at town hall.

The Caucus is Monday March 7 at 7:30pm in the library

https://www.townofbolton.com/town-clerk/news/town-caucus