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Vexatious Litigant – County Zoning

Letter to Editor, Philipsburg Mail

May 14, 2012

In 2006, the citizens of Granite County voted for a Growth Policy. Page 1 restricted the policy stating,  “… this policy does not advocate, nor authorize county-wide zoning”. Pg. 27-28 also restricted the Policy to local district zoning. Appendix A, Pg. 58, prescribed the procedure for implementing local zoning by petition of 60% of the landowners in the effected area. The citizens clearly stated that they wanted to develop and participate in district growth plans and that they didn’t want zoning imposed without their consent.

Rather than complying with the restrictions imposed by the citizens of Granite County, the Commissioners approved the Georgetown Lake District and Zoning Regulations based on the request of a “contingency of citizens”. The citizens were members of the Georgetown Lake Homeowners Association, most of whom reside in Anaconda-Deer Lodge. The meeting was held in the Deer Lodge fire-hall. A straw poll of 36 people indicated that they would consider zoning regulations. It should be noted that there are approximately 500 land owners in the district. There was no signed petition filed by 60% of the landowners. The zoning regulations were written by Bob Horne, Whitefish.

The County Commissioners approved the Zoning Regulations with minimal participation from the citizens of Granite County. The Commissioners are now amending the Growth Policy by individual district and including a provision for zoning. The Policy is being written by Brent Moore, API, Red Lodge to include zoning. The Towns of Philipsburg and Drummond, as separate municipalities, should have their own Growth Policy or an inter-local agreement with the County. Rather, the Town Councils are amending the County Growth Policy with outside consultants. Again, there is minimal participation by Granite County citizens. If the County is going to rely on outside consultants to develop our future growth plans, what is the purpose of hiring a Planning Director, Planning Board,  County Attorney and the Commissioners?  One has to conclude that the real objective of the Growth Policy was to introduce zoning regulations.

My law suit challenged the Commissioners authority to implement zoning without a signed petition of 60% of the effected landowners per MCA 76-2-101, District Zoning. Rather than using the County Attorney, the Commissioners retained the MACO law firms of Swimley, Bozeman and Sironi, Billings to represent them in the suit. The attorneys contended that the Commissioners could impose zoning per MCA 76-2-201,  et seq., County Zoning, The County does not have county-wide zoning regulations, boards, budgets or administrative personnel to enforce zoning. Despite the lack of an infrastructure for county-wide zoning, Judge Larson, substitute for Judge Dayton, affirmed that district zoning could be imposed per county zoning regulations and that a petition was not required. Because the law suit challenged the County Commissioners, I have been branded as a “vexatious litigant”. The message should be clear to all residents of Granite County. If you oppose the dictates of the County Commissioners, they will hire attorneys to silence public protest and you will pay the costs. Your Constitutional Right to seek redress of grievances and due process in the Courts is meaningless.

Granite County voters specifically stated in the Growth Policy that they did not want county-wide zoning. The County Commissioners are intentionally circumventing the will of the people by using outside consultants, facilitators, grants, lawyers and the courts to impose zoning regulations. It is apparent that the Commissioners are not representing the people that voted them into office and not complying with the intent and restrictions imposed by the peoples vote. The Growth Policy is a “plan” that should be developed by participation of local residents. Zoning is regulatory! The regulations are being drafted by non-residents and will be imposed by the contrived process, interpretation and enforcement of the County Commissioners. If the Commissioners don’t want to represent the will and vote of the people of Granite County, they should resign.

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Neil Livingstone Governor Candidate Forum Response

Neil C. Livingstone January 19th, 2012 Republican Governor Candidate Forum in Bozeman.

Answers (in brief) to the Questions Posed by the Governor Candidate Forum in Bozeman.

We have Pledged to Create an Economic Revolution

Q) Why are you the best candidate for governor?

ANSWER: I believe I’m the best candidate for governor because I represent a departure from the past and an end to business as usual. I’m campaigning on a platform of real change, not incremental change, but revolutionary change aimed at getting our economy moving and creating jobs, not sometime in the future, but NOW. Montana is 47th in per capita GDP, next to Arkansas, West Virginia, and Mississippi, and we need to turn this situation around while there’s still time.

Q) What is your vision for the state of Montana? What would Montana look like if you are successful?

ANSWER: My vision for the state is to try and mirror the success of our neighbors, Wyoming and North Dakota. North Dakota has the lowest unemployment in the country and thousands of new jobs have been created in the state over the past two years. Wyoming has a large state surplus, every road in the state has been resurfaced and every school rebuilt, and their teachers earn almost twice as much as those in Montana. Their prosperity is based on sound natural resource development: especially coal, oil, and gas. Montana, by contrast, suffers from over-regulation, a negative business environment, and taxes, and desperately needs significant tort reform and workers comp reform. Left-wing
environmental extremists, funded by out-of-state elitists, and their judicial a! llies have opposed all economic progress in the state and need to be shown the door
. Four years after being elected governor, Montana would be open for business, the judicial dictatorship would have been ended, and we would have created 100,000 new jobs in the state, the kind of jobs that would permit workers to support their families, their churches, and their communities.

Q) What are the top three issues facing Montana government today?

ANSWER:Jobs, jobs, and more jobs. There is no higher priority than creating jobs in Montana today, with the resulting tax revenue and decreased demand for social services. Too often state government is an obstruction to creating good jobs rather than a facilitator and expeditor.

Q)Over 40% of Montana’s government spending is financed with federal funds. Do you believe this is sustainable and in the interest of Montanans? If not, what would you do to reduce our dependence on federal dollars?

ANSWER: Montana gets back $1.47 for every $1 it contributes to the federal government. However, federal dollars generally come with too many strings attached and variety of unfunded mandates, like those in Obama’s health care program, that could bankrupt the state in the future. We should lower our dependence on federal money by increasing our resource development programs, thus offsetting the need for federal dollars. Like Wyoming and North Dakota, if we were managing our resource development programs correctly we would have a substantial surplus and little need of federal money with strings attached.

Q) In many areas of Montana, a significant schism has developed between the traditional GOP base and newly activated grass roots conservatives. If you win the nomination, how would you bridge this gap and unite both groups at the polls in November?

ANSWER: I am a blue collar, working man and woman’s, Republican; not a country club Republican. I embrace my friends in the Tea Party and other grass roots organizations supporting good government, gun owners, veterans, ranchers, loggers and those committed to family values. They are the ones who have energized this election and given it momentum. I believe in jobs and good sound economic management, less government, and lower taxes and I am confident that all Republicans, and I hope our Libertarian and Constitutionalist friends, will rally to our banner when we win the primary. I am the only candidate that can beat the Democrats and draw the support of working men and women across the state, along with Native Americans and others fed up with too much go! vernment and too few opportunities.

Q) What is your position on state land purchases? Would you support transferring more land from private to state ownership, and for what purposes? Or would you support divesting some state lands to the private sector?

ANSWER: With a few minor exceptions, I’m opposed to any further acquisition of priva

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Economic Outlook David Frazier

Economic-outlook-worsens-stay-in-cash?

The reality of deficit spending is beginning to have an impact throughout the world. Mr. Frazier’s economic analysis projects a declining economy. The forecast is in direct contrast with the contrived projections being provided by government propagandists.

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From the Missoulian:

An al-Qaida threat to burn western Montana’s forests hasn’t had the intended effect on Darby Marshal Larry Rose.

When the terrorist organization’s English-language magazine recently advised its readers to use forest fires to destabilize the United States, it used the fires of 2000 as an example – and said western Montana was the ideal location for such an attack.

http://missoulian.com/news/local/darby-marshal-on-al-qaida-wildfire-threat-kind-of-a/article_9b0fd438-965b-11e1-a680-001a4bcf887a.html

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University of MT Law Trumps City-County Law?

Apparently, the DOJ isn’t totally convinced that the University of Montana has jurisdiction over rape cases either. The University assumes they are a court jurisdiction and attempts to handle cases internally. The cases were not reported to local authorities on … Continue reading

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Oklahoma City Anniversary

OKLAHOMA CITY BOMBING ANNIVERSARY – PART 1 By Dennis L. Cuddy, Ph.D. April 16, 2012 NewsWithViews.com Note: Relevant to my recent series on disarming America, if parts to our military’s weapons don’t work, it’s as though they’re disarmed. The first sentence … Continue reading

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RUMORS OF WAR III, TARGET U.S.

  By Betty Freauf April 30, 2012 NewsWithViews.com Anyone who has ever opened their Bible for some study time has read Matthew 24:6 about rumors of war. After World War I books were printed declaring it was the end of the world … Continue reading

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Another word for Public/Private Partnerships…

…FASCISM!

If you live in a small county in desperate need of money like…Oh…I don’t know…say Granite County (AKA: Grant It County)…you may want to mention this company and it’s “to die for” proposition to your County Commissars.  I especially like CCA’s last fine “quality” that sets it apart. Apart from what, I wonder? Other Global Tyrannical State partnerships?!!!!!!!

 

A Proven Partner

With state and federal budgets stretched and public needs always competing with limited dollars, legislators are faced with critical choices on where to spend scare resources. Creating a partnership with CCA to construct, manage and maintain their prisons allows governments to care for hardworking taxpayer dollars, while protecting critical priorities like education and health care. When agencies partner with CCA, that can mean more money in the pipeline for new schools, better hospitals and improved roads. It can mean a real difference in the quality of life for local residents.

Five qualities that set CCA apart in the minds of corrections and government leaders include:

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Louisiana Shocker: Ron Paul Wins

Did you read this in your local news paper? Here it from Fox News? Ever wonder why it’s even called “Fox”? Wonder who the “chickens” are? Dogood says: Do go to the link and do read the comments. Sometimes more informative that the article.  Mrs. S.D.

Louisiana Shocker: Ron Paul Wins

by Doug Wead

Well, the cat is out of the bag. Saturday’s district conventions in Louisiana give the Ron Paul campaign 74% of the delegates headed into the June state convention where the delegation to the Republican National Convention in Tampa will be finally determined. Another state, another unseen victory for the Texas congressman. And, it should be noted, another embarrassment for the apparent nominee, former Governor Mitt Romney. Now, the question is this. How many other states have their own surprises coming?<SNIP>

 

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