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Metallurgical engineer, troublemaker....

Decision Time: DW&SD Rain Tax Comes To A Head In Court

Detroit Water & Sewerage Division Has Colluded With Trial Lawyers To Avoid A Constitutional Test Of Their Outrageous 'Stormwater Fee'

The Detroit Water & Sewerage Department’s Non Residential Drainage Rate became a political hot potato in 2013 when the City finally started applying this breathtaking, disguised tax to all non residential properties within the City.  Mayor Duggan is scraping the bottom of the barrel for every revenue dollar he can find.

Prior to 2013, the City of Detroit only extracted this rate from 12,000 non residential property owners, although 41,237 non residential property owners should have been paying it. They also extracted this rate from the State of Michigan and Wayne County for roads in Detroit, after a lengthy appeals process which ended in the U.S. Sixth Circuit Court of Appeals.  Detroit shielded politically preferred and connected property owners from this tax for 35 years, notably the politically powerful black churches.  But that ended in 2013 when the City of Detroit “discovered….that there are some errors with respect to our billing of stormwater charges”.

This rate, which is often referred to as a stormwater fee or the rain tax, is not inconsequential. It is now $ 660 – $ 750 per acre, per month. Run of the mill churches with on site parking were rudely surprised with $ 3,500 monthly charges in 2015, on top of their already expensive water bills. They thought as religious entities they were tax exempt. Tee-hee.  No one in Michigan is truly tax exempt!  Michigan Public Act 178 of 1939 (MCL 123.161 et seq.) converts unpaid DW&SD stormwater fees into a property lien, same as unpaid property taxes, so these fees quickly result in property foreclosures.

Ever wonder why Detroit has such a problem with commercial property blight? Now church blight is in the offing.

Non residential property owners in Detroit have just received a legal notice in the mail announcing a proposed settlement of a Wayne County Circuit Court class action case filed by Michigan Warehousing Group LLC and Midwest Valve and Fitting Company against the Detroit Water & Sewerage Department over the DW&SD’s outrageous stormwater fee. This case is identified in the Wayne County Circuit Court as 15-010165-CZ. The parties reached a settlement agreement which is carefully constructed to cripple legal challenges to the constitutionality of the stormwater fee in higher courts and handsomely pay off the trial bar.

The settlement notice fails to inform non residential property owners that another, far more comprehensive class action law suit is progressing in the Michigan Court of Appeals. Detroit Alliance Against The Rain Tax v. City Of Detroit in the Michigan Court of Appeals, Case Number 339176, just got consolidated with a similar suit on 24 October and appears ready for litigation – also as a class action.

You Betcha! (15)Nuh Uh.(0)

The American Cultural Revolution Kicks Off On November 4th

Michigan College Towns Should Be Hopping With The Latest Chinese Import

The fun loving boys and girls of Antifa met in cities across the nation on August 19th to plan a new, national round of antidemocratic riots and intimidation which will kick off on November 4th. They are planning an American Cultural Revolution, no less. The only omission from the full Chinese experience will be Mao Zhedong, who has been shoveling thunder out of hell since 1976.

The enthusiastic and fawning media which Antifa received after Charlottesville and Boston seems to have emboldened them. Five cities – New York, Chicago, Austin, San Francisco, and Los Angeles are expected to be ground zero for this new wave of highly disruptive ‘protests’ that should continue until the snow flies. This time around they won’t even need the pretext of ‘Nazis’ or ‘White Supremacists’, nor politically incorrect historical monuments. Anyone questioning these rioters will be immediately targeted as Nazis or Klansmen, including police.  Anything offensive to the revolution will be destroyed.

In their own words, here is the plan:

You Betcha! (10)Nuh Uh.(0)

2017 Solar Eclipse

Take A Break From The Left's Fabricated Race War, Have Some Fun On Monday

The 2017 solar eclipse will cover 70% – 85% of the sun across Michigan on Monday, 21 August. Long range weather forecasts suggest some cloud cover in the 2:00 PM – 2:40 PM (EDT) peak Michigan viewing time, but not total cloud cover or any rain. Peak coverage of the sun by the moon will occur from 2:10 PM – 2:20 PM (EDT) in the Upper Peninsula and 2:20 PM – 2:30 PM (EDT) in the Lower Peninsula. The moon will cover some portion of the sun from about 12:30 PM – 4:00 PM (EDT) across Michigan.

The view from Michigan will not be as spectacular as the total solar eclipse which will occur 300 miles south of us, but it will still be pretty impressive. Because there will be no totality in Michigan, everyone here who wants to view the eclipse directly will require serious eye protection – no exceptions. The only safe way to look directly at the sun or the partially eclipsed sun is through special solar filters, such as ‘eclipse glasses’ compliant with ISO 12312-2: 2015.

There has been a lot demand for solar eclipse glasses and many vendors are sold out. Even worse, there appears to be a lot of chicanery going on with unsafe counterfeits being sold. Even the compliant solar eclipse glasses are sort of cheesy. It is exceedingly difficult to tell that your are getting genuine eclipse glasses compliant with ISO 12312-2: 2015 in this age of cheap Chinese knockoffs.  Nothing here inspires confidence.

There is, however, an alternative.

You Betcha! (12)Nuh Uh.(0)

Crony Capitalism: Not Just For Companies And Politicians!

'Scandal Free' Obama Administration AG Eric Holder Spiked Criminal Charges Against UAW VP General Holiefield Sometime In 2014.

Detroit is atwitter over the criminal indictments that dropped on 26 July against former FCA (Chrysler) labor negotiator Alphons Iacobelli, UAW VP General Holiefield’s widow, Monica Morgan, and FCA financial analyst Jerome Durden. They looted the the UAW-Chrysler National Training Center (NTC) and bought a lot of bling with the proceeds, which were laundered through a charity called Leave the Light On Foundation created by General Holiefield.  Criminal use of bogus charities is a whole story in itself best left to another day.

Prior to this little imbroglio, General R. Holiefield and his wife Monica Morgan are fondly remembered for a ‘gun cleaning accident’ on 30 December 2013. In light of last week’s indictments, that event is now probably subject to some reinterpretation.

Were they battling over ill-gotten lucre?

You Betcha! (14)Nuh Uh.(0)

Fox Conned

Go Big, Or Go Home

Just as Governor Snyder signed the SB 242 – 244 ‘Good Jobs’ subsidy package yesterday, Foxconn announced that they accepted Wisconsin’s insane subsidies. The new Foxconn industrial campus will be built in the Badger State, not Michigan. The Foxconn competition, however, was the bait used to stampede the Michigan Legislature into passing the ‘Good Jobs’ package much sought by Michigan’s government and business establishments.

Wisconsin is going to lavish $ 3 billion in subsidies on Foxconn for somewhere between 3,000 and 13,000 new jobs. That works out to somewhere between $ 1 million and $ 230,769 in subsidies per job. Amortized over a 10 year period, the state of Wisconsin will be paying somewhere between $ 48.00 and $ 11.09 per labor-hour of every Foxconn worker’s wages using taxes extracted from other less fortunate Wisconsin workers. Subtract these per labor-hour subsidies from the headline wages touted for the future Foxconn workers and their ‘Good Jobs’ don’t look quite so good. Gussied up minimum wage jobs at best, wage theft at worst.

The little pig gets to feed at the trough, the hog gets taken to market and slaughtered.

You Betcha! (17)Nuh Uh.(1)

The Aftermath of Riots

Detroit's Decline And Bankruptcy Were Indeed Due To Its Riots - Plural!

Apologists for the 1967 Detroit rioters and the feeble responses of Mayor Cavanagh and Governor Romney to that mayhem usually start off by noting that Detroit’s population and economy peaked in the early 1950’s. The implication being that the 1967 riots were just another incident in the long running, preordained decline of Detroit. Detroit’s population did peak in the early 1950’s, but its economy continued to grow right up to the 1967 riots due to productivity increases. And Detroit’s economic decline was not preordained, it was very much the consequence of both of its two major 20th Century riots.

The National Bureau of Economic Research (NBER) also studied the aftermath of the 1960’s riots in urban America, specifically their effects upon African-American economic well being. Two key NBER Working Papers examine the effects of the 1960’s riots on African-American income, employment, and real estate holdings. Unsurprisingly, these NBER Working Papers found the effects were decisively negative. Surprisingly, these NBER Working Papers found the adverse economic effects actually accelerated over time, with the worst hits coming well into the following decade.

The deceit in the apologists’ chronology of the decline of Detroit is their failure to mention or consider the June 1943 race riot in Detroit. The 1943 Detroit riot was unequivocally a race riot and its deaths and injuries were on a scale quite comparable to the 1967 Detroit riots. During the 1943 Detroit riots, 34 people were killed and 433 were wounded. Property destruction was then estimated at $ 2 million ($28.3 million in 2017 US dollars), but this estimate is probably quite low due to lower casualty insurance coverage rates at that time. By comparison, 43 people were killed and 1,189 were wounded during the 1967 Detroit riots. Property destruction in the 1967 riots is disputed, but was somewhere around $ 50 million ($ 366.7 million in 2017 US dollars).

The different ratios of deaths and injuries to property damage in the two 20th Century Detroit riots also reflects the fundamental difference in their basic character. The 1943 riot was most certainly a race riot whose participants targeted people, but not much property. The 1967 Detroit riots were an all out economic attack on small businesses, but 1967 rioters did not target people to any particular degree.

Prior to the 1967 Detroit riots, the 1943 Detroit race riot was tied with the 1965 Watts riot for the second worst American riot death toll during the 20th Century, and probably tied with Watts for the third worst American riot death toll of all time. The 1943 Detroit race riot had only been surpassed in death toll during the 20th Century by the 1921 Tulsa race riot at the time of the 1967 Detroit riots. The 1943 Detroit race riot has not been studied by academia or covered by the media in much detail because it exposed New Deal incompetence and reflected very poorly on the American war effort underway at the time.

The 1943 race riot certainly did affect the thinking of Detroit residents and Detroit’s economic actors well into the 1950’s. Most of them lived through those 1943 race riots and were intimately familiar with the the racial tensions it revealed, even if they were not much publicized. You need to consider the causality issue underlying the decline of Detroit’s population during the 1950’s.

Were the factors usually cited for Detroit’s population decline in the 1950’s sui generis, or a response to the 1943 riots?

You Betcha! (16)Nuh Uh.(0)

Why Riot?

What causes a riot in urban America?

The news media, social scientists, and political scientists are eager to offer up the usual stale left wing bromides on urban riots, but at best those bromides are based upon a lot of anecdotes rather than hard data. The plural of anecdote is not data. The disingenuousness of their bromides arises from the clash of facts with their committed leftist politics.  Economists were far less political, at least 25 years ago.

A pair of economists working under the aegis of the National Bureau of Economic Research (NBER) applied linear regression computation modeling to various community statistics from a broad range of cities to determine which underlying issues cause riots and, further, to determine their intensity. Their results are a real eye opener and run contrary to the drivel being peddled by the media and academics on this 50th anniversary of the Detroit riots.

The National Bureau of Economic Research is a private nonprofit research organization which distributes its work product to financial officials and the public around the world. NBER is best known as the official arbiter of the start and end dates of economic recessions in the United States, a not uncontroversial subject. Its economists have run the gamut from the good (Milton Friedman, Wassily Leontief), to the bad (Austan Goolsbee), to the ugly (Paul Krugman). As a fun side note, it is comforting to know that an economists’ organization as august as NBER can lose money on their financial portfolio. No crony capitalists there!

The NBER divides its research into 20 programs; one of which is ‘Labor Studies’. Denise DiPasquale and Edward L. Glaeser produced NBER Working Paper 5456, The L.A. Riot and the Economics of Urban Unrest on behalf of the NBER Labor Studies Program. This paper was written after the Los Angeles riots of 1992, but its research reaches back into the 1960’s and across the world to construct its data base.

The DiPasquale/Glaeser study has two major components: a cross-national study which covers urban rioting around the world (including the U.S.), and a cross-city study which covers urban rioting across just the U.S. They assembled data sets on a large number of cities which included dependent variables representing the frequency of riots and the intensity of riots, along with many independent variables suggested by previous studies as being responsible for the frequency and intensity of those riots – poverty, unemployment, ethnic composition, and so on.

You Betcha! (13)Nuh Uh.(0)

Riot, Insurrection, Rebellion, or Uprising?

A Cure Always Requires a Correct Diagnosis

All Americans alive in 1967, of all races, called Detroit’s five day long spasm of violence, arson, and looting in July 1967 a riot. Some labeled it a race riot, others just a riot. Not for long. Within a year, government and media were plying the public with a long list of racial grievances said to be responsible and an even longer list of expensive liberal programs which promised to cure them.

The Detroit riots were deceitfully recast as an insurrection, rebellion, or an uprising to drive those liberal programs, but ultimately this revisionism just glamorized base criminality, Fifty years later, billions have been doled out in Detroit through those liberal programs and Detroit is in even worse shape by every metric.

Let’s start with some definitions from Merriam-Webster:

Definition of riot

  1. archaic a : profligate behavior : debauchery b : unrestrained revelry c : noise, uproar, or disturbance made by revelers
  2. a : public violence, tumult, or disorder b : a violent public disorder; specifically : a tumultuous disturbance of the public peace by three or more persons assembled together and acting with a common intent
  3. a random or disorderly profusion the woods were a riot of color
  4. one that is wildly amusing the new comedy is a riot

Definition of insurrection

  1. an act or instance of revolting against civil authority or an established government

Definition of rebellion

  1. opposition to one in authority or dominance
  2. a : open, armed, and usually unsuccessful defiance of or resistance to an established government b : an instance of such defiance or resistance

Definition of uprising

  1. an act or instance of rising up; especially : a usually localized act of popular violence in defiance usually of an established government

Note that the definitions of insurrection, rebellion, and uprising all state that these events are a defiance of established government, while the definition riot does not.

Were the events in Detroit from 23 to 27 July 1967 a defiance of established government?

You Betcha! (14)Nuh Uh.(0)

Battles of the Lower Depths in Detroit

Davis et al v. Detroit Downtown Development Authority et al; U.S Eastern District of Michigan Case Number: 2:17-cv-11742

Eastern District of Michigan U.S. District Judge Mark A. Goldsmith ruled on June 19th that Detroit’s Downtown Development Authority can issue $34.5 million in bonds to pay for the relocation of the Detroit Pistons basketball team to the new Little Caesar’s Arena. The Judge’s ruling rejected arguments that the eventual use of school tax money to repay these tax increment finance bonds violates Detroit residents’ constitutional and statutory right to vote on a school tax money diversions.

Judge Goldsmith’s ruling denied Robert Davis‘ and D. Etta Wilcoxon’s motion for a preliminary injunction or temporary restraining order in their lawsuit against the Detroit Downtown Development Authority. The Judge said the plaintiffs did not establish the need for an emergency injunction. The Judge politely neglected to mention that Robert Davis was sentenced in the very same Eastern District U.S. District Court to an 18 month Club Fed vacation for stealing $ 200,000 from the Highland Park School District in 2014. Mr. Davis should still be on probation for this minor peccadillo.

One complication here is that the tax monies being diverted are not those of the current Detroit Community Public School District, but rather those of the legacy Detroit Public School District which was reduced to zombie status last year in the DPS bailout. Is the old DPS really a school district today, or just a financial entity? The Detroit Community Public School District is a near bankrupt ward of the State of Michigan that won’t receive any Detroit property tax revenues until the legacy DPS district debts are paid off. No one alive today will live to see that.

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Political Self Perpetuation

Making The Democratic Process In Michigan Just A Little Bit Less Democratic With A 21st Century Poll Tax

Representatives Steve Marino, Tommy Brann, Julie Calley, Kimberly LaSata, and Jim Lilly have just introduced six bills, HB 4745 to HB 4750, to increase filing fees for various down ballot political offices across the State of Michigan by 50% to 300%.  These are the fees prospective candidates can pay to get on the ballot in lieu of filing nominating petitions.

As you might expect, the highest (300%) filing fee increase proposed applies to candidates for State Representative (and Senator).

The kicker here? The filing fee is also no longer refunded to the runner up.  So running for political office in Michigan just became more expensive exclusive.

You Betcha! (13)Nuh Uh.(0)