On Friday a check for $650,000 was put into the client trust account of Belleville attorneys DePietro & Day by insurance attorneys for settlement in a First Amendment law suit brought against Van Buren Township on behalf of VBT resident Paul Bevins and four others.
By Monday the total was expected to be divided up among the litigants, with 30% going to the attorneys who have been working on the case since September 2013.
The township paid about $100,000 of the settlement – the deductible — with the rest paid by its insurance company.
Plaintiffs were Paul Bevins, owner of 11605 Haggerty, commonly known as the Lakeview Motel, and his tenants Doreen Meyers Corp, Corey Budek, Kenneth James Phieffle, and Robert Bleeker. A fifth plaintiff, Bevins’ now ex-girlfriend Deborah Sutherland, withdrew from the suit early this year and retained other counsel.
Named as defendants in the suit were the Charter Township of Van Buren, Arthur Mullin, Judy Fields, James Taylor, and VBT Police Lt. John Doe.
The case was filed in Wayne County Circuit Court in the fall of 2013 and then was moved on to U.S. District Court when it was deemed a Civil Rights case.
Attorneys Hugh M. Davis and Cynthia Heenan came on board as co-counsel for the plaintiffs to assist DiPietro & Day in federal court.
And, said attorney Day, it never would have gotten into the courts at all if the township just would have turned the water service back on as they had asked.
Water service to the property was off for six months before the township’s insurance attorney told them to turn it back on.
The whole convoluted situation appeared to start when Bevins applied for a township permit to replace his roof. Bevins said he thinks that may have led the township to take notice of him and to suddenly find a 2008 letter to his father from the county advising that the septic tank needed replacement.
Or, it may have been May 11, the night Bevins rented his home out to a Wiccan group and they put out a sign “Passion Fest” that generated some calls to the township.
Bevins said that renting it to them was a bad idea and he’ll never do that again. He doesn’t put out signs for his personal gatherings.
Bevins participates in an alternative lifestyle and had his Rebel’s Realm parties about once a month. His tenants, who do not attend the events, say the events are quiet and their only complaint is that on those nights it’s hard to park.
The lifestyle involves a variety of erotic practices or roleplaying involving bondage, dominance and submission, sadomasochism, and other interpersonal dynamics.
At about 7 p.m. on May 25, 2013, the Friday before Memorial Day, three VBT Police cars pulled up to the motel carrying Officers Raschke, Champagne, and Vettraino. They called their shift supervisor Sgt. Bart Devos to join them. Earlier, at roll call, Sgt. Devos read a letter to his officers from Director of Planning and Economic Development Arthur Mullen advising that if anyone was at the address of 11605 Haggerty Road that they were to be taken off the premises.
The letter said the property was condemned, the water was shut off, and nobody was to be occupying it until an occupancy permit was gained.
In his sworn deposition, Sgt. Devos said he observed several vehicles and people on the premises, so he called Mullen at his home “to confirm the removal of the subjects from the property.” He testified that Mullen said to remove them.
The tenants that were home said police told them they had an hour to get out. They were to grab their things and leave and they couldn’t come back.
Former tenant Robert Bleeker, who now lives in Kalamazoo, said if he would have been home at the time, the story would have taken a different turn since he knows tenants’ rights and police can’t just come and evict anyone without notice.
Since it was the Friday of Memorial Day week end, no one was in the township offices until Tuesday, so Bevins couldn’t talk to officials about why they evicted everybody.
The water was shut off on June 4 and Sgt. Louis Keele stood by as the water department disconnected service and secured the building.
The tenants said there was never any postings on the building or caution tape.
Corp said she has two cats and was worried about them. She said the police told her she could come back to feed them. She left when told to, but then came back and moved back in. She had no where else to go and was battling recurring cancer.
Budek said he came home later that evening and was surprised that no one was around. He said he just got a snack and went to bed.
Bevins said he thought they would just be waiting out the week end until the township told him what was wrong – but it turned out the water would be off for six months.
The tenants moved back in and carried in water to bathe and cook and clean. A neighbor across the street allowed them all to use his spigot and they carried bucket after bucket of water across the South I-94 Service Drive to their homes.
“You just don’t realize how much it means not to have water,” Bleeker said.
On May 28, when the offices reopened, Bevins was told by Mullen that the reason for the actions was his septic tank, so he put in an upgraded septic system for his building.
Then he was told that building inspector Judy Fields had revoked his certificate of occupancy. That was done orally before her inspection of the property that he had to pay $300 for. During the inspection, she took about 50 pictures of the insides of the tenants’ apartments and private areas of Bevins’ home.
Fields didn’t write up her reports until Sept. 18, 2013 after attorney Day requested documents under the Freedom of Information Act. The township withheld other documents requested by Day, so DiPietro & Day filed a FOIA law suit against VBT and got $7,000 from the township for that suit.
Day said half-way through that litigation the township lost the original files and lost the pictures.
Day said Bevins’ water bill was current and he tried to jump through all the hoops the township put before him and didn’t call attorney Day until mid-August.
“He told me his story and I didn’t believe him,” Day said. “It was so unusual.”
But Day reviewed township building files and found no notices, no condemnations, no inspections. He said he did a FOIA request and found the files the township had on this address were duplicates. The township had no originals.
He said he filed suit in August because of statute of limitation concerns, but didn’t serve the township until later on.
Day asked for a meeting with Blevins, Supervisor Linda Combs, Arthur Mullins, and township attorney Dave Greco.
“We wanted the water turned back on…” Day said.
Also, Day didn’t have all the documents requested. He said a whole lot of pictures were missing and later Ethan Vinson, the insurance attorney who just took over the case, didn’t know anything about them. At the next meeting, they had the pictures, Day said.
It was September and still no water, Day said.
In early November, Vinson said to turn the water on and they did. The building had hot water heat and having no water in the septic system would have destroyed it.
The case went forward through the court system and a couple of mediations that didn’t work.
Then came a series of about a dozen depositions of township employees that Tom DiPietro took for the case last spring. The final pretrial settlement was the first of September, Day said, and they reached a settlement.
“It’s half of what we originally started off wanting,” said Bleeker.
“This never would have gotten this far if they had turned the water on,” Day reiterated. “That’s what we asked them to do.”
On his Rebel’s Realm website, Blevins told his story. He said when he pulled a building permit for a roof repair in May 2013, it apparently sent up flags on a septic system issue the previous owners, his parents, had on the building back in 2008.
“They ended up losing the building and I bought it back at the very tail end of ’09,” he said. “When I bought it I knew there was an issue with the septic, but wasn’t fully aware of the extent of the issue.
“I just pumped the system out more often ‘til I could afford to put in a new system. The new septic system required two 1,500-gallon tanks and one 1,000-gallon pump tank as well as a 3,300-square-foot raised bed drain field. Not a small system by any stretch and was rather expensive to have installed.
“Luckily I knew a contractor and was able to catch a bit of a break. So within three weeks a new system was installed up to code and passed all inspections during the installation process.
“The new system passed all inspections for approval on June 19. At which time I went to have the water turned back on, only to be told that the township had revoked my certificate of occupancy and refused to turn on the water to the building for other code violations.
“During this time I’m being told that no one is allowed to live at the building. Considering this building is my personal home and the home of four other tenants that rent here at the building this went from a bad situation to a complete nightmare.
“The township came back at me upon completion of the septic system, [saying] that they believed there were many code violations and that I was required, due to the certificate of occupancy being revoked by the township, to have a special inspection to decide what those violations were.
“I needed to draw a floor plan [with architect’s seal] of the entire building and submit it for a $300 permit to inspect the property so they could tell me what I needed to bring up to code. There were delays to actually getting this special inspection done due to requiring all building trade inspectors and the fire marshal to come out on the same day at the same time to do this inspection.
“Once it was finally scheduled and completed I received a letter from the township a week later which amounted to absolutely nothing. It told me I had violations but did not tell me what the violations were for. I was told to hire contractors and have them inspect the building now and they would tell me how to bring it to code. My question was, then why did I just pay you $300 for an inspection?”
That’s when he went to see his family’s attorney Day. Day found that police officers, acting under the direction of Lt. John Doe, continually entered the property and conducted unauthorized searches of the property without the benefit of a search warrant or consent of the owners of the property.
Bevins asks: “When did a township or city get so much power that they can forcibly remove you from your home without due process of any kind? There was never any notices sent, never any court dates, never any chance to even try and respond to any concerns the township had regarding this property. But they feel they can walk all over a person, bully them and try to run them out of town on a rail. There are policies and procedures for the actions taken against me and the Realm building. None of them were followed or even made to look like they were following them.”
Day said years ago Bevins’ father came to see him. He was trying to sell the property, which is three to four acres on two lots. The south lot is Commercial and the north lot is Residential. The motel had been there for 60-70 years and was an old fishing motel.
The land is between the North I-94 Service Drive and eastbound I-94.
Day said they petitioned the township back then to change the Residential zoning to Commercial because a person wanted to buy it. But, the township refused saying it wished to protect the residential area.
“Had they granted our request, the motel wouldn’t be there,” Day said. “It would be a gas station or retail.”
“The township didn’t like his lifestyle so they took it out on innocent people,” Corp said, adding Bevins is a very good landlord, the location is quiet and peaceful and she likes living there.
She said it is so remote that pizza deliveries have trouble finding the address.
Day said the first six months he worked on the case by himself and, “The longer it went on, the madder I got.”
Bleeker said police told him, “We’re going to get them out one way or another.”
During the depositions witnesses stated that a dispatcher, police, and Mullen were all assessing Blevins’ Rebel’s Realm website.
Day said, “The last piece of evidence we acquired was a 1:40 p.m. Friday, May 24, 2013 email from Karen LaMothe to a township trustee that said: ‘Paul Bevins, Jr., 11605 Haggerty Road. Illegal commercial operations was reason for shut down; water was a separate issue (with Wayne County septic).’”
LaMothe was the executive assistant to Supervisor Combs at the time and the email was addressed to Trustee Brenda McClanahan.
Day said thinking that way about “illegal commercial operations” people could be evicted from their homes by the township for having a Tupperware party.
Bevins said he had been pumping his old septic system twice a year, but there were never any backups or funny smells. He said he knew the pipes were old.
“It seems they think their moral authority is higher than anyone else’s,” Blevins said. “I didn’t allow drugs, anyone under 18, no alcohol.
“If someone came and talked to me, I would explain it to them. No one was doing anything illegal.
“I was following the rules. I put in a septic field that cost from $15,000 to $20,000,” Blevins said.
“It wasn’t until we were without water for three months that I got an attorney,” Blevins said. “What they were doing was grossly inappropriate and they didn’t want to stop. They were digging their heels in and wanted to hide and hide and hide.
“If they had just turned on the water, it never would have gone to court,” Blevins agreed. “We went on to prove a point.
“No one in the township should be treated like this.”
Blevins said that on a night after the eviction he saw a VBT police car parked in front of his property. The only reason he noticed it was because the door was partially ajar and a light showed out the door.
He went outside and walked around his property and found a police officer with a flashlight walking in his backyard toward his beehives. He called out to him. “What are you doing?” The policeman, a very tall, skinny officer, answered, “Who are you?”
Bevins told him he was the owner of the property and he wanted to know what he was doing on his property. He said the officer waved a letter in the air that he said was from Mullen that said no one should be on the property.
Bevins said he ordered the officer from his property and the officer left.
There were never any charges filed against Bevins and he cooperated with the interview because he wants the public to know how residents are being mistreated.
Township officials were unavailable for comment for this story.
Next week: Part Two – Palace Politics
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23 Comments
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Wow, what a story! Good reporting, Rosemary. The inhumane treatment of turning off water should not be allowed unless there’s an emergency.
Lucille, I understand your comment, but the Township must pay for the water, which is metered at main inlets to the township at several points. The actual cost of the water is free, but the water mains and distribution costs (water maintenance workers, trucks, gasoline, specialized equipment, ect.} are included in the per gallon cost. Who will pay if a resident does not pay, or several residents do not pay. If the water was free, then usage would skyrocket. Free water is available to most residents, just dig a well or drive a point and then pay for the water pump and the electricity to get it to the faucet, and maintenance on your pump and lines. However, public water is cheaper, safe, and plentiful. Sewerage is a cost too. No sewer service, your own septic and elevated leeching field can cost about $15 to 20 THOUSAND dollars. For a business, water is a cost of doing business. Be very thankful we do not live in California with their water restriction on use.
The issue with the water had nothing to do with whether the water bill was paid, as it was current and paid at the time it was shut off. So I have no clue why you are talking about costs of water. The water was shutoff so that they could bully the owner of the property as we proved continuously in the suit.
Mr. Bevins, read the Lucille comment, to which I was replying. Then, read my reply. I do not think You were mentioned at all in my reply!
This is quite the story. This is another lawsuit that could have been avoided if we had educated people running our departments, office and police.
Harmon, the problem may be inadequate communication between all involved in this particular issue. The Township Supervisor should be involved in all water cut-offs. The Twp. Supervisor should discuss the cut-off with the resident, and work out a payment schedule suitable to both parties. What part did the Twp. SV play in this water cut-off? Could this have been prevented with a better communication between the parties? Sure looks like this lawsuit could have been prevented if the Supervisor took charge and gave direction to all, including posting of “Certificate of Occupancy” notification, among other notices, meetings with all Department Heads involved, including attorneys in this particular situation. Proper procedures must be followed in issues concerning the health and welfare of our residents.
A little true story about a situation I encountered on a water cut-off. The Water Director came to my office and discussed a cut-off with me and told the resident to talk with the Twp. Supervisor.. I was filled in with certain info on this case. The home owner came in an hour later, and we talked for a few minutes about the cut-off. I excused myself for a minute, and asked an office employee to see if she could find out what the fellow drove to the township. (She asked a few employees and told me he was in a new pickup) The resident asked me, are you from the South? I said yes, and we talked for a few minutes socially, as he was also from an area very close to where I grew up. I asked him what kind of vehicle he drove to twp. hall. He said a pickup. I asked if he was retired, he said yes. I stated he could afford a new pickup, and had just received his SS check, and I thought he could pay his water bill. However, I offered him a deal to pay half of his water bill, and pay the other half over the next 4 months and keep his account current. He said he could do that, but did not want too, that he would pay the whole water bill today. He pulled out a roll of money from his pocket his hand would not fit around, and I grinned. We walked to the water dept. and he paid the entire water bill. He said to me “You are not as dumb as you look.” and I said to him, “Thank You Sir for paying your water bill.” Communication with the Director was beneficial to all in this meeting. Advance information made the difference. This story is shortened as I had a long discussion with the fellow and cannot include some info. Another water bill issue where children were concerned broke my heart, but I was able to help the resident keep his water on for his family. We worked with him and everything worked all for the best for his family and the township. True stories where communication made a huge difference, benefiting the township and the residents. The Township Supervisor must take charge in these situations to protect the residents and VBT.
Yes it could have been avoided and I jumped through hoops for 3 months to avoid it. I brought the attorney on at that point as the roadblocks were getting insurmountable. We tried with legal counsel retained to have the water turned on, but the township refused. Again, it had absolutely nothing to do with a bill…. There wasn’t anything owed on the account at the time of the shutoff.
Excellent reporting Rosemary. It’s amazing to me that an Executive Assistant is allowed to make any determination about the legality of a business without a search warrant. Where was the Public Safety Director in all this? From my experience, he was probably writing a mission statement . What a joke! Can’t wait for next week’s Palace Politics, I’m sure there’ll be an attempt at a cover-up.
I must agree, why is an Exec. Assistant suggesting “illegal operations”? Who made this determination? Why do we pay attorneys anything at all? Why are we not using resources that are readily available? Lots of questions and no answers. Let us just continue to pay lawsuits.
Mr. White, I don’t think the homeowner on Haggerty Road was past due on a water bill, I think the water was shut off because of an outdated septic tank which is even more unfair since the owner had every intention of replacing it. No wonder he referred to it as a nightmare especially when he had to displace the tenants. Even if he was late on a water bill it could have been handled with more maturity, better
communication and some humanity.
Lucille, I agree this issue should have been handled better. However, a failed septic system is a community health problem, on many fronts. Please read the time frame on this issue.
Thank you Mr. Bevins for the clarification that there was not an overdue water bill. This had to have been a very stressful and intimidating time for you and it is such a shame that not one township employee, elected official or police officer could see the unfair and hateful way you were being treated. What a terrible waste of time and money not to mention the mental turmoil. I commend your wonderful neighbor for allowing the use of an outdoor spigot. Congratulations to you and your fellow litigants for fighting with honor and winning this law suit against so many hurdles. Your attorney did an awesome job!
Wake up Mr. White, this has nothing to do with a water bill and everything to do with discrimination against his choice for alternative lifestyle. What he does in his own home should not have any bearing on his water being shutoff. Sounds like Mr. Blevins took every opportunity he could to communicate. It wasn’t reciprocated and in the end, $650k is awarded for something that could have been worked out. I have to ask Combs, fields and Mullen – how stupid can you be?
I’m ashamed of our “township representatives”. I’m just disgusted.
After reading the article again, I agree the water was not turned off because of payment of the water bill. I think the condemnation was for the septic system failure noticed by Wayne County Board of Health. Should there have been continued involvement by Wayne County, and was the water turned off because of the condemned septic system?. The article states the septic was in failure in 2009 when purchased and not replaced until 2013. And I ask, what was Combs participation? Was the homeowner noticed on the reason for the water turn off? Lots of ??? we do not have answers to these questions. Otherwise, I agree with yuu Erica.
Did Wayne County notice me ? Nope…. Did VBT notice me ? Nope…. My notice was them showing up to my house memorial weekend in may 2013 and telling me that I have to vacate my property. Then add to the fact that I had a new system to Wayne County specs to which allows for 11 bedrooms when I only have 7 in the building, installed within 3 weeks… and continued refusal to turn on the water by the Township. I spoke with the supervisor at Wayne County when this started. Obtained the necessary permit, met with VBT Arthur Mullins and Judy Clark along with Druecilla from Wayne County for the site visit before work could begin. Installed the new system passing all inspections within 3 weeks…… Guess what ? Still no water….. And with a fully inspected new septic system it took me 5 more months and court to get my water turned back on.
Did Comb’s know what was going on ? Why yes she did…. But wasn’t interested in doing anything to bring the water back on to the building and made that clear in sit down meetings with both sides retained legal counsel. The courts was the only option I had left. Also considering the Story written above states that the “The last piece of evidence we acquired was a 1:40 p.m. Friday, May 24, 2013 email from Karen LaMothe to a township trustee that said: ‘Paul Bevins, Jr., 11605 Haggerty Road. Illegal commercial operations was reason for shut down; water was a separate issue (with Wayne County septic).’”
LaMothe was the executive assistant to Supervisor Combs at the time and the email was addressed to Trustee Brenda McClanahan.”
And again I state…. Within 3 weeks I had the system installed and all inspections passed. Wayne county gave the all clear…. Again no water because the township felt they had more power and wanted me run out of town because I lived differently then they felt was morally right.
I commend your courage Mr.Blevins. The treatment you received from the township is inexcusable. To withhold water from a resident is downright despicable! There are a few people that should be held accountable and a few people that need to lose their jobs.
How many more stories will come out about this township and the webs they weave.
I enjoyed Mr. White’s story about his “hands on” treatment of residents but Mr. Bevins did not have a delinquent water bill. Had Mr. White been supervisor this issue would have been resolved earlier especially because the owner replaced the septic tank and still no water turned on due to the township plumbing inspector revoking the occupancy permit. This is too much authority for a plumbing inspector but Mr. Bevins was not able to cut through all the red tape because the current administration has an absent supervisor. Mr. White, we all realize that a faulty septic system is a health hazard but this was not the only issue here, it was too much power to individuals that didn’t seem to care about this resident. This treatment of a VBT resident by the police entering his property without permission, intimidation by giving one hour notice to evacuate, etc.. is a perfect example of why so many VBT residents fear coming forward and why so many have lost all confidence in our current administration. Here is another reason the residents voted down the millage request: no confidence. It’s too late for a Recall but next year our voices will be heard. We have 3 full time elected officials at township hall and not one of them came to the aid of this resident, maybe they felt it’s not my job but this resident was without support. Thank you Mr. Day and Rosemary for exposing this disgusting behavior.
The 3 officials at Township hall owe Mr. Bevins much more than money, they owe him a public apology. I would like to see them stand up at a board meeting and apologize for this lack of caring and support for a resident. This is a resident that tried everything to “comply” but they had him in a maze of red tape. Mr. Mullens, Judy Fields and the Police Department owe Mr. Bevins an apology for this tangle. It sounds like these three departments at township hall (building department, Police and supervisor) communicated with each other to throw down hurdles for this gentleman to jump through, they must have enjoyed this power of watching him struggle and make his way through this obstacle course they created for him. The amount of money he won for his civil suit does not cover the harassment and intimidation he was subjected to. His tenants were kicked out of their homes by cops with no legal reason and no notice, those tenants are also owed a public apology. The police evicted them because a building department director told them to? Shame on the township supervisor for doing nothing to order the water turned on after having a meeting with them. The neighbor that allowed them to use an outdoor faucet has more humanity than the 3 elected officials that are at township hall 8 hours every day and should be aware of what is going on especially the township supervisor. Why did a township resident have to file a lawsuit to get them to do the right thing? It looks like Trustee McClanahan was preparing for a meeting to discuss this issue and wanted to be educated for the discussion and vote so she questioned the supervisor’s office for an update and the answer she got wasn’t from the supervisor but from the executive assistant with the statement that there was “illegal commercial operations” . The Trustee does not work at the township hall 8 hours per day so she must rely on the employees for information. She received an answer to her questions and had no reason to doubt the truthfulness of it. It makes you wonder which department Karen contacted to come up with this “illegal commercial operations” as an answer to the Trustee. Who made this up? Is this the excuse used to keep the water off so they could continue to make Mr. Bevin’s suffer.
The Sumpter Township Board of Trustees honored Rosemary Otzman at a board meeting for her contributions to their community with her investigative reporting and keeping residents informed with her widely read newspaper. Why hasn’t the Van Buren Township Board honored her in this same manner? Her newspaper has been our only way of communication with what is really going on at VBT township hall. Maybe it’s because she publishes the police wages?
Diane Madigan referenced the mission statement from the public safety director: I sure hope this mission statement includes rules on how to treat a resident with compassion and honesty. What was done to Mr. Bevins should be referred to as a way NOT to treat a human being and resident.
Maybe in Part 2 of this story we will find out who is responsible for lying to Trustee McClanahan with the statement about “illegal commercial operations”. Karen got that from someone in order to answer the trustee’s questions. This location is residential with a residential use so where did commercial operations come from? Again, just an excuse to prolong Mr. Bevins ordeal.
I wanted to thank Van Buren Township for completely dropping the ball and causing all the residents in the district to have to pay for your folly. Everybody, expect your taxes to go!
Unbelievable! How is VBT not broke after all the law suits they have had to pay out, not to mention the blended rate fiasco and the outlandish law suits paid out to jerry champagne and other police officers!
Just so we are all clear, the ballot proposal for Public Safety will be back on the ballot until it passes probably. We will have to live with a 4 mil renewal and maybe a 2.5 mil increase. The library millage is going again, lower than last time but still a new tax. There is talk about a millage for the Visteon debt. Will there be more payouts to Karver? Other lawsuits? How much are we willing to pay for this horrible, vindictive leadership? I am VOTING NO on every millage from here on out until they get the spending under control. We will be paying for their screw-ups, I do not want to vote for higher taxes in addition.
I am right with you. I believe we need a new library, and I try to support the schools, police, and fire as much as I can. But it is evident that people in City Hall are not concerned about spending, so until we get our money right, I can’t vote yes on these any longer.