DEFEND YOURSELF OR LOSE EVERYTHING

GOOD MORNING FLINT!
12/15/07
By Terry Bankert
attorneybankert@yahoo.com
810-235-1970
First posted to Flint Talk
The following will be the topic of my radio program "Know the law" on WFLT 1420 AM Radio , 12/15/07, this program is on every Saturday at 9:00 am. To 9:30 a.m. WFLT is a Flint Gospel station and My program is focused most of the time on Family Law. This is a call in station. 810-239-5733.
The case selected is a recent Michigan Court of Appeals case from outside Genesee County.This is written for a lay audience, my comments are interspersed.
Issues:
1.Motion to set aside the default; In this case the Husband did not think the wife would not go through with the divorce, he did not answer the pleadings and was defaulted. The man thought he was in control until the bitter end. A default means you lose the right to file any motions, pleading (like the answer to the complaint) or participate in a trial. The Wife just went into court with the judgement she wanted, too bad for him. When this happens many counsel and their client will over rfeach and get far more than they may have gotten in a trial.Moral of the story: Answer you pleading, if you can’t afford an attorney file something anything call it an answer.
2.Challenge to the trial court’s adoption of the value of the marital home as advanced by plaintiff-wife’s appraiser; Alken-Ziegler, Inc. v. Waterbury Headers Corp.; Maldonado v. Ford Motor Co.; MCR 2.603(D)(1); Saffian v. Simmons; Gates v. Gates; Olson v. Olson; Jansen v. Jansen; Pelton v. Pelton; Evne though the case was defaulted the court understoof it still ahd an obligation to be fair so it allowed some testimony on this fact. I have seen Jujdge Beagle in Flint do just this. A good fair judge will. Wife said the house was worth $142,500 the husband said it wa worth $106,000. Since the amount owed on the proopety is know this creats a significant net value. One party will have to pay the other party 50% of this net this creates an $18,500 difference in the payoff.
3.Whether the trial court disregarded the marital home’s SEV and the effect this would have if the property ended in receivership; The reciever would be constrained by the courts determonation of value posibly.
4.Whether the trial court properly awarded plaintiff a four-wheeler vehicle; Reeves v. Reeves; Dart v. Dart; This is an argumet about separate versu marital proerty. Once you bring property to marraige its marital property. You can then argue it is separate and yours only in a divorce. If you intemengal the assest its marital. Intermingleing could be making car payments from a family account, making insurance payments from the famuily account, letting your wife drive the car as in this case. If you have that cherry 57 Chevy you might reconsider using family money to repaint it.
Here, the record reveals that although the four-wheeler was a gift to defendant from his brother,
the four-wheeler was used by both parties, as evidenced by the facts that plaintiff had possession
of the four-wheeler at her mother’s house and that it did not remain with defendant at the marital
home. The trial court did not clearly err by characterizing the four-wheeler as marital property
and did not abuse its discretion in awarding it to plaintiff.

5.Spousal support; Thames v. Thames; Moore v. Moore; The elements of Spousal support are considered. When ordeed there is not a state formula like in child support. Many attorneys will have a computer sprogram but it’s a guess where a computerized child suppoprt calculation is based upon Michigan Law.
Factors to be considered by the trial court in determining whether an award of spousal
support is just and reasonable are set out in Thames v Thames, 191 Mich App 299, 308; 477
NW2d 496 (1991), and include:
(1) the past relations and conduct of the parties,
(2) the length of the marriage,
(3)the abilities of the parties to work,
(4) the source and amount of property awarded to the parties,
(5) the parties’ ages,
(6) the abilities of the parties to pay [spousal support],
(7) the present situation of the parties,
(8) the needs of the parties,
(9)the parties’ health,
(10) the prior standard of living of the parties and whether
either is responsible for the support of others,
(11) contributions of the parties to
the joint estate, . . .
(12) general principles of equity[, and
(13)] . . . fault . . . .

6.Whether the trial court placed too much emphasis on plaintiff’s age in determining the award of spousal support; Wiley v. Wiley; McLain v. McLain; Age is just one factor in a spousal support calculation. The older you are the harder it is to get a job.

The judgment of divorce provided that plaintiff was to receive twelve
years of spousal support divided into three periods of four years each: $1,000 a month for the
first four years; $750 a month for the next four years; and $500 a month for the final four years.
The trial court’s twelve-year, incremental step-down plan in spousal support was specifically
designed to "hopefully be offset by increases in her earnings." The trial court did not clearly err
in its findings concerning plaintiff’s ability to work.
AGE OF PARTY VS ABILITY TO EARN
Defendant also argues that the trial court placed too much emphasis on plaintiff’s age in
determining the award of spousal support; he contends that, because she was in good health, the
trial court should have placed more weight on her ability to earn income.
The record reveals that
the trial court recognized that plaintiff was 50 years of age, in good health, and "was only
sporadically employed part time." However, as noted above, the trial court also recognized that
plaintiff’s business had the potential for expansion and specifically awarded spousal support in
an incremental step-down format, in anticipation of her increasing income, as well as her

7.Whether the trial court properly declined to find the pensions could be used in determining spousal support; Magee v. Magee; Keen v. Keen;
"Pensions are considered part of the marital estate subject to award upon divorce."
Magee v Magee, 218 Mich App 158, 164; 553 NW2d 363 (1996).
"Pensions may be distributed
through either the division of property or the award of [spousal support], depending on the
equities and circumstances of the specific case." Id. at 164-165. "While the division of a marital
asset such as a pension through an award of [spousal support] is not always favored, see Keen v
Keen, 160 Mich App 314, 316-317; 407 NW2d 643 (1987), it is an acceptable method of
distributing a pension in some cases." Stoltman v Stoltman, 170 Mich App 653, 658-659; 429
NW2d 220 (1988).

8.Whether the trial court properly declined to find Husband defendant’s current expenses included paying for his adult daughter’s college loans; This is just what good parents do, its optional and considered a gift.
9.Whether the trial court properly did not consider plaintiff was living with her mother. This speakes to her expenses and in this default casxe it ment nothing.
10.

Court: Michigan Court of Appeals (Unpublished)
Case Name: Barney v. Barney, Unpublished 12/04/07 St. Joseph Circuit Court, 04-000876-DO
State Bar of Michigan e-Journal Number: 37797
Judge(s): Per Curiam - Murphy, Smolenski, and Meter
The Michigan Court of Appeals rejected Husband-defendant's challenge to the trial court’s adoption of the value of the marital home as advanced by the plaintiff-wife’s appraiser. As w ill be explained later even though this case is a default case there was a hearing to determine fairness of the property distribution.
Specifically, Husband- defendant challenged the comparables used by plaintiff’s expert, who appraised the home at $142,500, as opposed to defendant’s expert, who appraised the home at $106,000 using the State Equalized Value. Comparables is a valuation process where the value of your property is determined by looking at home sales in your neighborhood.
The trial court, which is like our local Family Court Division of our County Circuit Court, determined the appraisal advanced by plaintiff was more accurate and credible, and it valued the property accordingly.
Plaintiff’s appraiser explained in detail the method he used to determine the value of the marital home, and "where a trial court’s valuation of a marital asset is within the range established by the proofs, no clear error is present." When the big court ,Michigan Court of Appeals reviews a local courts decision it is not redetermnng the issues, it is looks for errors made by the local court.
The Higher Court believes , a trial court is in the best position to judge the credibility of the witnesses and has great latitude in arriving at a final valuation of a marital asset on the basis of divergent testimony about the asset’s value. These kinds of evaluations are presumed to be best done locally where the people are in front of the court.The Court of Appeals is reading pleading and listening to attorneys.
"The trial court may, but is not required to, accept either parties’ valuation evidence." The trial court’s findings with regard to the acceptability of plaintiff’s appraisal were not clearly erroneous. The Michigan Court of Appeals upheld the decision of the lower court.
–
[How does the court of appeals overturn a lower court.]
We review for an abuse of discretion a trial court’s decision with regard to a motion to set
aside a default. Alken-Ziegler, Inc v Waterbury Headers Corp, 461 Mich 219, 227; 600 NW2d
638 (1999).
An abuse of discretion is found if the trial court’s decision falls outside of the range
of reasonable and principled outcomes. Maldonado v Ford Motor Co, 476 Mich 372, 388; 719
NW2d 809 (2006).
The party trying to set aside must shows good cause and files an affidavit demonstrating a meritorious defense. MCR 2.603(D)(1).
Good cause can be shown by demonstrating a "reasonable excuse for the failure to comply with the requirements that created the default." Saffian v Simmons, 267 Mich App 297, 301-302; 704 NW2d 722 (2005).
HUSBAND DID NOT BELIEVE HIS WIFE WOULD GO THROUGH WITH THE DIVORCE.
Defendant averred that he "did not take full and complete part in this divorce action" for
the reason that he "believed that [his] wife was never actually going to go forward with the
divorce."
The trial court found that defendant had a meritorious defense, noting that, due to the
significant length of the marriage and substantial assets to be divided between the parties, the
proceedings would benefit from having both parties participate.
However, the trial court found that defendant’s statement, that he did not believe plaintiff would follow through with the divorce, did not constitute good cause sufficient to warrant setting aside the default under MCR 2.603(D)(1).
IF YOU DO NOT DEFEND YOUR SELF IN A DIVORCE YOU COULD USE EVERYTHING.
The trial court commented that parties proceed at their own risk when they decline
to involve themselves in litigation under the mistaken assumption that the other party will
dismiss the case. The trial court’s finding that defendant failed to demonstrate the requisite good
cause necessary to warrant setting aside a default under MCR 2.603(D)(1) did not fall outside of
the range of reasonable and principled outcomes. Maldonado, supra at 388.
A judgment of divorce must include a determination of the property rights of the parties.
MCL 552.19; MCR 3.211(B)(3); Olson v Olson, 256 Mich App 619, 627; 671 NW2d 64 (2003).
On appeal, defendant challenges the trial court’s adoption of the value of the marital home as
advanced by plaintiff’s appraiser. Specifically, defendant challenges the comparables used by
plaintiff’s expert, who appraised the home at $142,500, as opposed to that of defendant’s expert,
who appraised the home at $106,000.
The trial court determined that the appraisal advanced by plaintiff was more accurate and credible, and it valued the property accordingly.

Plaintiff’s appraiser explained in detail the method he used to determine the value of the marital home, and "where a trial court’s valuation of a marital asset is within the range established by the proofs, no clear error is present." Jansen v Jansen, 205 Mich App 169, 171; 517 NW2d 275 (1994).
Moreover, a trial court is in the best position to judge the credibility of the witnesses and has
great latitude in arriving at a final valuation of a marital asset on the basis of divergent testimony
about the asset’s value. Pelton v Pelton, 167 Mich App 22, 25-26; 421 NW2d 560 (1988). "The
trial court may, but is not required to, accept either parties’ valuation evidence." Id. at 25. The
trial court’s findings with regard to the acceptability of plaintiff’s appraisal were not clearly
erroneous, and the trial court did not err in adopting plaintiff’s appraised value as the value of the
marital home.
Defendant also argues that the trial court erred in disregarding the marital home’s state
equalized value (SEV) and the effect that this would have if the property ended in receivership.
As noted above, the trial court had broad discretion in determining the valuation of property. Id.
at 26.
Both appraisers testified regarding the notorious inaccuracy of using state equalized
values when attempting to determine the value of a marital home for property settlement purposes in a divorce.
Even though the Defendant had defaulted he was allowed to participate in a hearing review the property disposition. As an aside, we note that defendant ultimately admitted all of the allegations in plaintiff’s complaint and was also allowed by the trial court to participate in hearings involving the fairness and equity of the divorce judgment.
Thus, we do not find that the trial court clearly erred in deciding not to
use the SEV when determining the value of the marital home.
Defendant tangentially posits that the trial court "did not take into consideration the
economic realities of the soft real estate market when it allowed the receiver language to remain
in the judgment of divorce."
Defendant does not elaborate on this argument, and "[i]t is not
sufficient for a party simply to announce a position or assert an error and then leave it up to this
Court to discover and rationalize the basis for his claims, or unravel and elaborate for him his
arguments, and then search for authority either to sustain or reject his position." Wilson v
Taylor, 457 Mich 232, 243; 577 NW2d 100 (1998) (internal citation and quotation marks
omitted).
Further, a review of the trial court’s decision following the hearing reveals that the
trial court specifically recognized that "recent trends in the real estate market have been
somewhat downward in the area, as shown by Defendant’s exhibit and testimony."

In fact the trial court noted that if it was assigning value at the time it wrote the decision, it would devalue the marital home by two percent to reflect the slight downward trend. However, the trial court found that it would be unfair to calculate the equity in the home based on a current valuation and that to do so would reward defendant because of a delay of his own making.
Instead, the court fixed the equity as near as possible to the parties’ separation date. The proper time for valuation of an asset is within the discretion of the trial court, Nalevayko v Nalevayko, 198 Mich App 163,164; 497 NW2d 533 (1993), and no clear error is apparent.

Defendant also argues that the trial court erred in awarding plaintiff a four-wheeler
vehicle, contending that it was his separate property.
At the hearing, defendant testified that the
vehicle was a gift to him from his brother and that he "wanted it back."
Plaintiff testified that
she "had possession" of the vehicle.
"Generally, the marital estate is divided between the parties,
and each party takes away from the marriage that party’s own separate estate with no invasion by
the other party." Reeves v Reeves, 226 Mich App 490, 494; 575 NW2d 1 (1997). "Normally,
property received by a married party as an inheritance, but kept separate from marital property, is
deemed to be separate property not subject to distribution." Dart v Dart, 460 Mich 573, 585;
597 NW2d 82 (1999).
However, courts have the discretion to include property acquired by gift
or inheritance in the marital estate where the separate property has been commingled with the
marital property or used for joint purposes. See, e.g., Charlton v Charlton, 397 Mich 84, 94; 243
NW2d 261 (1976), and Pickering v Pickering, 268 Mich App 1, 13; 706 NW2d 835 (2005).

Here, the record reveals that although the four-wheeler was a gift to defendant from his brother,
the four-wheeler was used by both parties, as evidenced by the facts that plaintiff had possession
of the four-wheeler at her mother’s house and that it did not remain with defendant at the marital
home. The trial court did not clearly err by characterizing the four-wheeler as marital property
and did not abuse its discretion in awarding it to plaintiff.
Defendant next makes several allegations of error concerning the trial court’s award of
spousal support to plaintiff. In reviewing a trial court’s award of spousal support in a divorce
case, we review for clear error the trial court’s findings of fact. Gates, supra at 432. The
findings are presumptively correct, and the appellant bears the burden of showing clear error. Id.
If the trial court’s findings of fact are not clearly erroneous, we must decide whether the
dispositional ruling was equitable in light of the facts. Id. at 433. "The trial court’s decision
regarding spousal support must be affirmed unless we are firmly convinced that it was
inequitable." Id.
Factors to be considered by the trial court in determining whether an award of spousal
support is just and reasonable are set out in Thames v Thames, 191 Mich App 299, 308; 477
NW2d 496 (1991), and include:
(1) the past relations and conduct of the parties,
(2) the length of the marriage,
(3)the abilities of the parties to work,
(4) the source and amount of property awarded to the parties,
(5) the parties’ ages,
(6) the abilities of the parties to pay [spousal support],
(7) the present situation of the parties,
(8) the needs of the parties,
(9)the parties’ health,
(10) the prior standard of living of the parties and whether
either is responsible for the support of others,
(11) contributions of the parties to
the joint estate, . . .
(12) general principles of equity[, and
(13)] . . . fault . . . .
VOLUNTARY REDUCTION IN INCOME
Defendant argues that the trial court failed to consider that plaintiff voluntarily reduced her income by not charging her friends "the actual amount of what her work is worth" and by refusing to advertise her fledgling interior design/wall treatment business and instead relying on word of mouth. Defendant is correct that a voluntary reduction of income may be considered in determining the proper amount of spousal support. Moore v Moore, 242 Mich App 652, 655;619 NW2d 723 (2000).
IMPUTED INCOME
If a court finds that a party has voluntarily reduced her income, it may
impute additional income in order to arrive at an appropriate award of spousal support. Id.

Here however, plaintiff did not voluntarily reduce her income. The trial court specifically noted that
she earned a "very modest [gross] income" of $7,983 in 2005. Defendant essentially argues that
the trial court erred in failing to award plaintiff spousal support in line with plaintiff’s
prospectively attainable income.
However, the record reveals that this is exactly what the trial
court did. The trial court recognized that plaintiff was "hopeful of expanding her business and
her income in the future."
The judgment of divorce provided that plaintiff was to receive twelve
years of spousal support divided into three periods of four years each: $1,000 a month for the
first four years; $750 a month for the next four years; and $500 a month for the final four years.
The trial court’s twelve-year, incremental step-down plan in spousal support was specifically
designed to "hopefully be offset by increases in her earnings." The trial court did not clearly err
in its findings concerning plaintiff’s ability to work.
AGE OF PARTY VS ABILITY TO EARN
Defendant also argues that the trial court placed too much emphasis on plaintiff’s age in
determining the award of spousal support; he contends that, because she was in good health, the
trial court should have placed more weight on her ability to earn income.
The record reveals that
the trial court recognized that plaintiff was 50 years of age, in good health, and "was only
sporadically employed part time." However, as noted above, the trial court also recognized that
plaintiff’s business had the potential for expansion and specifically awarded spousal support in
an incremental step-down format, in anticipation of her increasing income, as well as her
forthcoming ability to draw on her social security and other retirement benefits.
This case is
similar to Wiley v Wiley, 214 Mich App 614, 615; 543 NW2d 64 (1995), where the wife had a
history of part-time employment and this Court recognized that "although the trial court certainly
intended to encourage her to work full-time[,] that objective is not always attainable for people in
their fifties, male or female."
Similarly, in McLain v McLain, 108 Mich App 166, 173; 310
NW2d 316 (1981), this Court found that the fact that the plaintiff was 55 years of age would
"probably be detrimental to her ability to find work, even if she is able." The trial court here
properly took into account plaintiff’s age, health, and ability to work in determining whether and
how much of an award of spousal support was warranted.
PENSIONS
Defendant next argues that the trial court erred in not finding that the pensions (divided
by the qualified domestic relations orders [QDROs]) could be used in determining spousal
support
The trial court awarded plaintiff one-half of defendant’s 457 plan and one-half of the
marital share of defendant’s municipal employee plan through two QDROs. The trial court
commented that "[t]he terms for the QDRO as set forth in the proposed judgment are deemed fair
and proper, including sole surviving spouse status for those plan benefits already accrued as of
the date of Judgment."
"Pensions are considered part of the marital estate subject to award upon divorce."
Magee v Magee, 218 Mich App 158, 164; 553 NW2d 363 (1996).
"Pensions may be distributed
through either the division of property or the award of [spousal support], depending on the
equities and circumstances of the specific case." Id. at 164-165. "While the division of a marital
asset such as a pension through an award of [spousal support] is not always favored, see Keen v
Keen, 160 Mich App 314, 316-317; 407 NW2d 643 (1987), it is an acceptable method of
distributing a pension in some cases." Stoltman v Stoltman, 170 Mich App 653, 658-659; 429
NW2d 220 (1988).
Here, the trial court characterized defendant’s retirement accounts as marital
property and divided them as such. This was in line with the more favorable method of
distribution of retirement assets. "[C]haracterizing any payment as a property distribution rather
than [spousal support] . . . entitle[s] the nonpension-holding spouse to receive the assets due him
or her regardless of remarriage or death." Keen, supra at 317.
This method achieves an
"equitable distribution of the marital estate . . . regardless of such events as death and
remarriage." Id. The trial court did not err in distributing the retirement assets through the
property division.
Defendant next argues that the trial court erred in failing to find that his current expenses
included paying for his adult daughter’s college loans.
The record reveals that the trial court
recognized that more than $400 of defendant’s monthly expenses was for the parties’ adult
children, but it noted that defendant voluntarily assumed those expenses.
Defendant testified that he was paying $300 a month on his adult daughter’s three college
loans, two of which he had co-signed.2 Defendant argues on appeal that, because he cosigned
the loans and because his daughter is not making payments on them, he has a legal obligation to
do so.
However, defendant did not advance this argument at trial or offer any proof that his
daughter was delinquent; therefore, the trial court did not clearly err in determining that
defendant’s payments were voluntary and in accordingly declining to consider those expenses
when calculating spousal support. See, generally, Lesko v Lesko, 184 Mich App 395, 405; 457
NW2d 695 (1990), rejected in part on other grounds by Booth v Booth, 194 Mich App 284, 290-
291 (1992).
Finally, defendant argues that the trial court erred in failing to consider that plaintiff was
living with her mother, thereby reducing her expenses. The record reveals that the trial court was
2 Plaintiff disputed that defendant had co-signed the loans.

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URBAN REVOLUTION

GOOD MORNING FLINT!
12/14/07 By Terry Bankert
attorneybankert@yahoo.com
Posted first to Flint Talk http://flinttalk.com/viewtopic.php?p=20161#20161

I think Genesee County and all of its communities must seriously debate the reorganizations of its basic services.

But we must differ from simplistic answers. I am not arguing for county executive.

There are many ways to deliver basic service like Fire protection.

Fire protection has many components that may avail them selves to being manipulated separately, unbundling.

For instance; Equipment purchased could be coordinated through a central purchasing department such as Genesee County Purchasing or the City of Flint purchasing.

Fire inspection work can be centralized to allowed the most professional to be available to all jurisdictions.

1.Health benefits could be centralized to get a better price.

2.There could be a central dispatch system.

3.There are many negative and positive spill overs caused by our current system. I support partial regionalization of this system.

I think fire service delivery differs significantly from a city setting to a rural system. In our reconstruction of fire service delivery this should be recognized.

Commissioner Curtis and others are providing a valuable service in the way they are raising this issue.

I attended the Meeting of the Flint Board of Education that rose Linda Thompson to the position of Superintendent. She received all but the support of Mr. Hatter who did pledge to work with her. I questioned whether or not Bashier should have abstained, but that’s his call.

Superintendent of Flint Schools Linda Thompson has the perfect temperment to face the fire storm brewing on the horizon as Flint Schools are closed.

Sherif Robert Pickell’s fundraiser was standing room only with barley enough space to park your car. He is an excellent sheriff and master politician.


Where will the dynamics of urban technological revolution take Flint? See[1]

As out cities evolve we sustain paradigm shifts in how we analyze city dynamics. V.Gordon Child In his article The Urban Revolution talks of the overlapping evolution of different eras. His basic proposition is that cities provide a social surplus to allow specialized activity and citizens are there for economic and physical safety. This sounds familiar.

We hear this in our political drum beat from our political leaders to provide increased police protection and jobs.

This drum beat is not new it is the basis of modern urban civilization. We no longer have walled fortified cities protecting us from foreign invaders. Required now is adequate police protection to protect us from ourselves. That is to protect city dweller from other city dwellers. Police protection and enforcement of the rules of law are of the highest importance.

Second is economic security. Easy access to “out of city” jobs and enticement and retention of small, medium and large business in Flint is the second highest importance. The job creation paradigm must include quality education for our citizens.

This is necessary for Flint to complete for jobs and enticement for business to locate here where a specialized work force will demand quality education for their children. Flint should prepare itself for change. We have a unique opportunity to change our mix of business activities in Flint combined with changes in our physical landscape.

The Flint Board of Education is tasked with providing a quality education for our residents.

The Future of Flint is the combined influence of the Flint municipal corporation and school system. Both bodies, Flint Board of Education and City of Flint Municipal Corporation, have the same general mission ,to improve the quality of life in Flint.

Terry Bankert. 12/14/2007

1.See Generally” The City Reader 3rd edition by LeGates and Stout 2003 Published by Routledge.

28005

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GREAT CITY INITIATIVE-FLINT

-
GREAT CITY INITIATIVE-FLINT

Q; How can we make Mid-Michigan cities, FLINT specifically great cities again?
Join me in this discussion thread/blog here at Flint Talk
or at Flint Citizen at
http://groups.yahoo.com/group/Flintcitizen/

Citizens in Michigans 5th Congressional District WHAT ARE YOUR SUGGESTIONS!We are a sounding board for Mid Michigan issue debate and political action. You are invited to participate.Post your community meetings, crime watches etc. to Flint Citizen. It has a calendaring feature that will send your group meeting dates to members. Join Flint Citizen to receive this feature.
http://groups.yahoo.com/group/Flintcitizen/

Let us know what your community group is doing ,your favorite candidate or the status of your favorite issue.

Join us today!

The 5th US Congressional District in Michigan consists of all of Genesee and Tuscola Counties, along with parts of Bay and Saginaw Counties. -Bay County Bangor Township, Bay City City, Essexville City, Frankenlust Township, Hampton Township, Merritt Township, Monitor Township, Portsmouth Township Genesee CountyArgentine Township, Atlas Township, Burton City, Clayton Township, Clio City, Davison City, Davison Township, Fenton City, Fenton Township, Flint City, Flint Township, Flushing City, Flushing Township, Forest Township, Gaines Township, Genesee Township, Grand Blanc City, Grand Blanc Township, Linden City, Montrose City, Montrose Township, Mount Morris City, Mount Morris Township, Mundy Township, Richfield Township, Swartz Creek City, Thetford Township, Vienna Township Saginaw County Birch Run Township, Blumfield Township, Buena Vista Charter Township, Frankenmuth City, Frankenmuth Township, Saginaw City, Zilwaukee City, Zilwaukee Township Tuscola CountyAkron Township, Almer Township, Arbela Township, Columbia Township, Dayton Township, Denmark Township, Elkland Township, Ellington Township, Elmwood Township, Fairgrove Township, Fremont Township, Gilford Township, Indianfields Township, Juniata Township, Kingston Township, Koylton Township, Millington Township, Novesta Township, Tuscola Township, Vassar City, Vassar Township, Watertown Township, Wells Township, Wisner TownshipJOIN TODAY! MAKE YOUR CITY A BETTER CITY. GET INVOLVED. YOU ARE INVITED!!!!!!!!
POSTED HERE BY
Terry Bankert
attorneybankert@yahoo.com

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Dale Kildee where are you? RE: Global warming/climate change!

GOOD MORNING FLINT!
By
Terry Bankert
11/18/07
Posted first to Flint Talk
http://flinttalk.com/viewtopic.php?p=18475#18475


Dale Kildees position on global warming? What is it?

Just something we all should think about since climate change does not look like it will stop.

“I do not feel obliged to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use. “
- Galileo Galilei


For most when we think about climate change/global warming its too large of an issue to understand quickly.

We believe what we see, we are just starting to see what may be changes, warmer winters, a major American city like Atlanta GA running out of water.

We hope this is not our future. The experts seem to be arguing, what are we to think.

It’s a global problem so I expect my Washington elected delegation and my president, when she arrives, to work aggressively on this issue.

But until then I expect my congressman to keep us informed. The experts on climate change are sending a signal to the American politicians that we need a change in U.S. policy.

It's a signal that politicians cannot afford to ignore. But they will!

The experts say the Ocean will rise 40 plus feet in 10 years. Atlanta GA will have no shortage of water if it become an ocean port.
The rest of this is FYI...

Global warming is "unequivocal" and carbon dioxide already in the atmosphere commits the world to an average rise in sea levels of up to 4.6 feet,... [AP-11/17/07]

Only urgent, global action will do... the United States and China — the world's two biggest polluters — to do more to slow global climate change.[AP-11/17/07]

I wonder what Dale Kildees position is?


This is a tough issue, complicated with horrible implications and you just hope it will go away. Its not.

If Al Gore was elected President we would not be in two wars, our schools would be funded and America would dominate the international global warming debate.

Today we just have our head in the sand.

Climate change imperils "the most precious treasures of our planet,... and the effects are "so severe and so sweeping that only urgent global action will do. We are all in this together. We must work together.[AP-11/17/07]

According to the U.N. panel of scientists, whose latest report is a synthesis of three previous ones, enough carbon dioxide already has built up that it imperils islands, coastlines and a fifth to two-thirds of the world's species.[AP-11/17/07]

FIRST AFRICA WILL BE HIT Where is Al Shrpton when you need him?

As early as 2020, 75 million to 250 million people in Africa will suffer water shortages, residents of Asia's large cities will be at great risk of river and coastal flooding, according to the report.[AP-11/17/07]

THEN EUROPE,

Europeans can expect extensive species loss, and North Americans will experience longer and hotter heat waves and greater competition for water,....[AP-11/17/07]

Think about what is happening in Atlanta GA with their water shortage.


... the Earth hurtling toward a warmer climate at a quickening pace and warns of inevitable human suffering. It says emissions of carbon, mainly from fossil fuels, must stabilize by 2015 and go down after that.[AP-11/17/07]

In the best-case scenario, temperatures will keep rising from carbon already in the atmosphere, the report said. Even if factories were shut down today and cars taken off the roads, the average sea level will reach as high as 4.6 feet above that in the preindustrial period, or about 1850.[AP-11/17/07]

Notice they just said we can do nothing to stop the rise of the Ocean 4 ft.


"We have already committed the world to sea level rise," the panel's chairman, Rajendra Pachauri, said. But if the Greenland ice sheet melts, the scientists said, they could not predict by how many feet the seas will rise, drowning coastal cities.[AP-11/17/07]

Can you internalize the how huge that sentence is. The..Greenland Ice Sheet melts...

Climate change... melting snow and glaciers, higher average temperatures and rising sea levels. If unchecked, global warming will spread hunger and disease, put further stress on water resources, cause fiercer storms and more frequent droughts, and could drive up to 70 percent of plant and animal species to extinction, according to the panel's report.[AP-11/17/07]


"The world's scientists have spoken clearly and with one voice," Ban said, looking ahead to an important climate conference in Bali, Indonesia, next month. "I expect the world's policy makers to do the same."[AP-11/17/07]


"This report will have an incredible political impact," Yvo de Boer, the U.N.'s top climate change official, told The Associated Press. "It's a signal that politicians cannot afford to ignore."[AP-11/17/07]


The report offered dozens of measures for avoiding the worst catastrophes if taken together — at a cost of less than 0.12 percent of the global economy annually until 2050. They ranged from switching to nuclear and gas-fired power stations, developing hybrid cars, using more efficient electrical appliances and managing cropland to store more carbon. [AP-11/17/07]

The Kettering fuel cell project appears to be at the cutting edge of a package of solutions. Go Kettering.

Ban said a new agreement should provide funding to help poor countries develop clean energy resources, adapt to climate conditions and give them the technology to help themselves. [AP-11/17/07]

He said he witnessed the devastation of climate change in disappearing glaciers of Antarctica, the deforested Amazon and under the ozone hole in Chile. [AP-11/17/07]

"These scenes are as frightening as a science fiction movie," said Ban. "But they are even more terrifying because they are real."[AP-11/17/07]

What will it take for us to take this seriously.

I think its serious but am skeptical it will occur.

What will have to happen before we panic, how will our lives change.

If this climate change occurs unchecked what will the lives of our unborn great grandchildren be like?

I claim no expertise here. I remember being at United Way when aids first surfaced and remember how long it took for the public to consider it serious. I was in fund-raising and the Red Cross was concerned about the annual contribution campaign and their blood drive, we were all concerned .

As to climate change how long is too long before we act.

If we are concerned we must act, our leaders must act.

Just what are our congressional leaders doing about this issue?

Dale Kildees position on global warming? What is it?

–end–


DID YOU KNOW! -

Climate change/ global warming..its continuing !
http://www.epa.gov/climatechange/

Our politics should be neither the left nor the right, go to the center, be a centrist, and pick and chose.
Why Centrists.Org?
http://www.centrists.org/

Consider participating in one of Phil Powers community conversations.
http://thecenterformichigan.net/


Get active in the major political party closest to your beliefs.
Get active in the Democratic Party. It needs your help to find new leadership
click membership and join today.
http://www.michigandems.com/

Terry Bankert
attorneybankert@yahoo.com
810.235.1970
http://groups.yahoo.com/group/Flintcitizen/

Internet political action in the 5th Congressional District
Consider joining the Action Team at Flint Citizen. 2008 will be a busy year with a lot of changes.


---
cites
---

http://news.yahoo.com/s/ap/20071118/ap_on_sc/climate_change_conference;_ylt=AgEnjuSTb5hrM556gYT6DYis0NUE

cite [AP-11/17/07]


Vlogg on getting child support ordered.
The 3 min topic concerns how you get child support lowered.
http://www.youtube.com/watch?v=CvW6V6HQCmQ

Sphere: Related Content

Division of marital property

GOOD MORNING FLINT
11/10/07
by
Terry Bankert
attorneybankert@yahoo.com
first post to Flint Talk
http://flinttalk.com/viewtopic.php?p=18145#18145


I will talk about this following case on my radio show WFLT 1420 a.m. radio. Call in your family law questions 239-5733 9 a.m. until 9:30 a.m. every Saturday morning.

DIVISION OF MARITAL PROPERTY
In a case called Bowditch
Duane [PLAINTIFF]
V
Barbara [DEFEDNANT]
unpublished from the Michigan Court of Appeals , No 270647 was decided on 10/23/07. It arose from the Ottawa Circuit Court N0. 05-051948-DO the following issues were decided.
See full article at:
http://terrybankert.blogspot.com/

Issues: Divorce;

1.Whether the trial court properly subtracted certain real property from the marital estate and awarded it to the plaintiff-husband as his separate property; Sparks v. Sparks; Reeves v. Reeves; Dart v. Dart;

2.Whether plaintiff intended for his property to be commingled with the marital property; Pickering v. Pickering;

3.Whether the trial court should have invaded the husband’s separate property to pay for the defendant-wife’s reasonable expenses; Grotelueschen v. Grotelueschen; Charlton v. Charlton;

4.Whether defendant contributed to the acquisition, improvement or accumulation of the property;

5.Whether the trial court equitably divided the marital property; Hanaway v. Hanaway; Whether the trial court considered the Thames factors; MCL 552.23; Olson v. Olson; Korth v. Korth;

6.Whether the trial court properly awarded defendant $205 per month from plaintiff’s pension benefit

Summary:

1.The trial court did not err when it held, inter alia, the plaintiff-husband was entitled to certain real property as his separate property.
2.The parties did not dispute the real property at issue was owned by plaintiff before the marriage or received by him as an inheritance or gift after the marriage.
3.Although the defendant-wife contended all of plaintiff’s real property was commingled and became marital property because he transferred the ownership of the properties into joint title with her a year or two after the marriage, the court disagreed.
4.Transfer of title into joint names can indicate the parties’ intent the separate property had become marital property.
5.However, title alone is not dispositive—rather, the parties’ intent to make separate property marital property is the determining factor.
6.After review of the record, the court concluded the trial court did not clearly err when it determined plaintiff did not intend to make his separate property marital property when he redeemed the property into joint names.
7.Further, less than two years after plaintiff deeded the real property into joint ownership, the couple redeemed the properties to their individual trusts.
8.The court also found unpersuasive defendant’s contention because plaintiff executed a will and wrote a letter explaining his wish to ensure defendant’s financial well-being should he predecease her, his separate property became part of the marital estate.
9.Defendant provided no authority to support her claim testamentary intent is relevant to whether or not property is commingled during life, and the court found no such authority.
10.The court held it did not believe testamentary intent was indicative of the intent to commingle property in life.
11.The court also affirmed the remaining aspects of the trial court’s decisions regarding the property settlement, spousal support, and the award of plaintiff’s pension.
-end-

DID YOU KNOW! -

Climate change/ global warming..its continuing !
http://www.epa.gov/climatechange/

Why Centrists.Org?
http://www.centrists.org/

Consider participating in one of Phil Powers community conversations.
http://thecenterformichigan.net/

Get active in the Democratic Party. It needs your help.
click membership and join today.
http://www.michigandems.com/

Terry Bankert
810.235.1970
http://groups.yahoo.com/group/Flintcitizen/
Internet political action in the 5th Congressional District


23407

Sphere: Related Content

10/28/07 Good Morning Flint!

GOOD MORNING FLINT !
http://goodmorningflint.blogspot.com/
10/28/07
By
Terry Bankert
attorneybankert@yahoo.com
*Contents*
-Property division
-Centerist democratic ideology
-global warming
*
On 10/16/2007 the Michigan Court of Appeals released an unpublished case which was on appeal from Kent Circuit Court,02-009694-DM. Susan Day was the Plaintiff and Ricky Engvall was the Ricky Engvall. e-Journal Number: 37366

Issues: Divorce;
Whether the trial court properly valued and distributed the marital assets; Whether the trial court should have awarded the plaintiff-wife an equity interest in the marital home;

MCL 552.19; Reeves v. Reeves; Byington v. Byington; Korth v. Korth; MCL 552.401; Sparks v. Sparks; Whether the trial court correctly valued the plaintiff’s medical practice; Kowalesky v. Kowalesky; Jansen v. Jansen; Dragoo v. Dragoo; Whether the trial court properly valued plaintiff’s retirement account.

The parties were married on June 26, 1995, and separated in September 2002.
At the time of separation, Susan Day was 38 years of age and Ricky Engvall was 52 years of age.
This was Susan Day’s third marriage and the second marriage for Ricky Engvall. Susan Day and
Ricky Engvall are the parents of one minor child, Olivia, born on March 24, 2000. Prior to entry of the judgment of divorce, Susan Day gave birth to another child who is not a product of the marriage relationship.

Susan Day initiated divorce proceedings on October 1, 2002, but due to the protracted nature of the litigation, which spanned 13 days of trial, and other delays a judgment of divorce was not entered until July 11, 2006.



The trial court properly did not award the Susan Day-wife an equity interest in the marital home, adopted the defense expert’s valuation of her medical practice, and assigned the value for distribution of her retirement account as of December 2004.

Susan Day argued on appeal, inter alia, the trial court erred in failing to award her any equity interest in the marital home.

"The distribution of assets in a divorce proceeding is controlled by MCL 552.19."
The trial court properly acknowledged and credited Ricky Engvall’s premarital interest in the home.

The fact the parties jointly expended monies in the remodeling and renovation of the property, which did not lead to an increase in the value of the residence, was irrelevant.
Thus, the trial court properly found the only marital increase in the home was $140,000, which was subsumed by the remaining mortgage debt of $200,000 assigned to Ricky Engvall as a liability, resulting in a negative equity for marital distribution.

If anything, the trial court’s decision did not go far enough to attain equity because Ricky Engvall had to assume all of the outstanding liability on the home.

If full equity had been attained, Susan Day would have been required to share the $60,000 equity shortfall.

Here, it was questionable whether Susan Day actually contributed to the improvement of the home.

While the appraised value of the home increased, it did not exceed the debt incurred to pay for the remodeling and improvements to the property.

The court held it was not inequitable for the trial court to account for Ricky Engvall’s prior and substantial equitable interest in the home, and affirmed the judgment of divorce.

Susan Day appeals as of right the judgment of divorce asserting the trial court erred in the
valuation and distribution of assets. We affirm.

II. Trial Court Ruling
On May 26, 2006, the trial court issued its bench ruling, resulting in a 105-page transcript
detailing testimony during the course of trial.

The trial court did attribute fault for the breakdown of the marital relationship to Susan Day based on her participation in extramarital affairs and lack of "regret or remorse" for its impact on the marriage.

In reference to the distribution of assets, the trial court awarded Ricky Engvall the marital
home along with responsibility for the outstanding $200,000 mortgage.

... In making the award the trial court indicated, "I have to give Mr. Engvall credit for the $310,000 asset that he brought into the marriage here." Despite an increase in equity over the course of the marriage of $140,000, the trial court observed that a debt of $200,000 remained "due and owing" resulting in a "$60,000 shortfall." There were loans student and otherwise rolled into the mortgage.
As a result, Susan Day did not receive any proceeds from the marital home.
..
Specifically, this statutory provision only allows the trial court to distribute assets, which have
"come to either party by reason of the marriage." As a result, "[w]hen apportioning marital
property, the court must strive for an equitable division of the increases in marital assets ‘that
may have occurred between the beginning and the end of the marriage.’" Reeves v Reeves, 226
Mich App 490, 493; 575 NW2d 1 (1997), quoting Bone v Bone, 148 Mich App 834, 838; 385
NW2d 706 (1986).
...
As a result, when determining the division of property in a divorce action,
the trial court is required to initially identify any assets, along with their respective values, which comprise separate or pre-marital property. Byington v Byington, 224 Mich App 103, 114 n 4; 568 NW2d 141 (1997). Typically, the equity accumulated by one spouse with regard to property that was owned before the marriage constitutes separate property, which that spouse is entitled to retain. Korth v Korth, 256 Mich App 286, 291-294; 662 NW2d 111 (2003).
...
When dividing property, marital assets are typically valued at the time of trial or when
the judgment is entered, although a court may, in its discretion, use an alternative date.
Byington, supra at 114 n 4. As such, Susan Day provides no legal support for her argument that the retirement account should have been valued at the time of separation. "A party may not leave itto this court to search for authority to sustain or reject its position." Sherman v Sea Ray Boats,
Inc, 251 Mich App 41, 57; 649 NW2d 783 (2002) (punctuation and citation omitted).
Further, in challenging the timing of the valuation of this asset, Susan Day ignores the trial
court’s determination that marital assets were used and included within her retirement accounts.
..
On Comcast Channel 17 on the show In My Opinion
Saturday- 10/27/07
Tomorrow children with Gene Warren, Henry Hatter and Tracey Atkins ATKINS
Wednesday -10/31/07
Improving public education.Lee Black Richard Dicks Jr., Ronald Berry Robinson and Terry Bankert.
--
- Climate change/ global warming..its continuing ! http://www.epa.gov/climatechange/

- Get active in the Democratic Party. It needs your help. click membership and join today!http://www.michigandems.com/

-
Consider participating in one of Phil Powers community conversations.
Michigan's Defining Moment - Public Engagement CampaignSpend a little time on the future of your state! Join us to build a bipartisan, grass-roots vision for a new Michigan and a network of citizens who will work to hold elected officials accountable during this era of change and challenge. Take action today:

The Center believes that the Michigan political system has in large part failed to live up to its responsibilities in that it has tended to be excessively partisan and largely driven by ideologues of the left and the right and thus failed to scope adequate policy responses to our present crisis. One result has been that most people, who are naturally in the middle of the road, feel discontented and left out in the cold. The Center intends to encourage a citizen movement of people who are moderate in attitude, bi-partisan in approach and aggressive in policy orientation.

An argument for a Centrist Democratic Ideology.

I support the argument for a Centrist Group within the small [d] democratic party. [d] is the rank in-file not the leadership or corporate structure of the various levels of the party.

ASSUMPTIONS

1. Michigan is in trouble.

2 As a state, we have been sluggish in our reaction to the political and economic transformation taking place inside – and perhaps more importantly – outside the United States.

3.Third, and on a more positive note, we in Michigan are blessed, more
than most States, with assets we can utilize to make the changes necessary to compete in a 21st
century world. The challenge is to use our resources in lucid, geometric, productive,
cooperative, and aggressive ways, and to do it now.

4.In both the public and private sector, the need for analytic skills, for competent scrutiny of all
sides of an issue, for even-handed, well-informed decision making has never been greater. The
polarization, the anger, the irrational posturing, sometimes extreme, that passes for learned
discourse, denigrates our time-honored tradition of thoughtful deliberation, measured dialogue,
and reasoned conclusion.

5.We can disagree, we can argue, we can engage in intense debate. All are part of the established
process of creating policy. But vapid, mindless ideology, trapping adherents in an irresolvable
clash of absolutes, locked and loaded, is not.

6. We cannot survive unless we quickly become more adaptable. If all sides are polarized, then no one is engaged in the necessary debate.

7.Frequently, when confronted with certain inconvenient details about an issue, the response has been that there is really no need to go into detail. Some organizations, public, and private,
demand total fealty, and threaten political or professional oblivion for non-compliance.

8.Some leaders would rather be more important in a world of chaos, than less important in a world of order – an unfortunate, but wholly accurate observation. We have no time, in 2006, for this sort of nonsense.

9. We need constructive engagement from all sectors.

10.Oppose Regionalism – the schism separating West Michigan from Southeast Michigan, and vice-versa, is wide, deep, and growing. For those who define our State as that territory west of the JacksonLansing-Claire-Straits of Mackinac line, or that which lies in Wayne, Oakland, and Macomb Counties, or the land north of the Muskegon-Bay City Line, or that land north of the Bridge, where we Trolls are unwelcome – get over it! Our State borders are what they are, and we are in this together, no matter in which of the 83 counties we reside.

11.Partisanship – simply put, there is too much of it! Ideas that help our economy, and in turn, help our people, all of our people, transcend narrow ideologies every time. I believe all members of the legislature go to Lansing honorably and nobly motivated. But, in fact, too many are
ultimately manipulated and captured by ideologues, not by ideas. There are no mentors left in
the legislature, and without guidance wrought from years of service, it is easy to take the wrong
fork in the road when formulating public policy. Experience counts! What the eye hasn’t seen,
the mind can’t comprehend.

12.We are in this together because we love this State and its people. We come at this not as Republicans or Democrats, labor or management, people from West Michigan or Southeast Michigan, public or private, but as Michiganders. Let’s get on with it!

WHAT DO YOU THINK? HOW CAN WE MAKE THIS HAPPEN?
SOURCE

http://69.5.25.110/blog/wp-content/uploads/2007/08/031406-remarks-for-centrist-group.pdf

see The Center for Michigan video at http://www.youtube.com/watch?v=NkMMM9PcD_A
or

http://thecenterformichigan.net/

see educations & Michigans Economic Future
http://www.thecenterformichigan.net/blog/education-michigans-economic-future/


Have a great Saturday
10/28/2007
Terry Bankert
http://attorneybankert.com/
My thoughts on The Flint Mayoral Race.
http://bankertsvoterguide.blogspot.com/

Sphere: Related Content

Grand parents Rights

GOOD MORNING FLINT By Terry Bankert 10/20/2007
http://attorneybankert.com/
origional post to: http://flinttalk.com/viewtopic.php?p=16826#16826

Issues: Grandparent visitation; Court: Michigan Court of Appeals (Published) The case originated in Wayne County Case Name: Brinkley v. Brinkley 10/16/2007 e-Journal Number: 37353 Judge(s): Per Curiam - Wilder, Borrello, and Beckering On remand from the Supreme Court sending the case back to the Michigan Court of Appeals “for plenary consideration of the grandparents-maternal grandparents’ constitutional issue,” the court held MCL 722.27b(5) does not unconstitutionally violate the defendants-grandparents’ due process or equal protection rights. 722.27b Order for grandparenting time; circumstances; acknowledgment of parentage; commencement of action; procedures; affidavit; notice; opposing affidavit; hearing; basis for entry of order; condition; record; court mediation; frequency of filing complaint or motion seeking order; attorney fees; order prohibiting change of domicile of grandchild; effect of entry of order; modifying or terminating order. (5).If 2 fit parents sign an affidavit stating that they both oppose an order for grandparenting time, the court shall dismiss a complaint or motion seeking an order for grandparenting time filed under subsection (3). This subsection does not apply if 1 of the fit parents is a stepparent who adopted a child under the Michigan adoption code, chapter X of the probate code of 1939, 1939 PA 288, MCL 710.21 to 710.70, and the grandparent seeking the order is the natural or adoptive parent of a parent of the child who is deceased or whose parental rights have been terminated. http://www.legislature.mi.gov/(S(jxtdsk45px1nm455buhaai55))/mileg.aspx?page=getObject&objectName=mcl-722-27b The Grandparents, the Bacas, had visited their grand-children frequently , taken them on vacations and bought toys after the divorce. Following a divorce, the defendant-mother became estranged from defendants and denied them further contact with the children. She/childrens mother persuaded the plaintiff-father to do the same. The Bocas the maternal grandparents argued MCL 722.27b(5) , the state Law that controls grandparent visitation rights, denies them their substantive due process right to maintain a familial relationship, which is in their grandchildren’s best interests. The Bocas/Defendants contended they have a fundamental right to maintain a relationship with their grandchildren and, therefore, the strict scrutiny test applies. The court held MCL 722.27b(5) is rationally related to the legitimate goal of protecting and encouraging the grandparent-grandchild relationship without infringing on the parents’ fundamental right to manage the upbringing of their children. MCL 722.27b was amended to avoid the constitutional deficiencies found in the previous statute. As amended, the statute affords broad deference to parents by limiting the circumstances in which grandparents may seek visitation, by imposing the burden of proof on grandparents, and by requiring dismissal of petitions for grandparenting time when two fit parents jointly oppose visitation. Subject to specific exceptions, MCL 722.27b grants absolute deference to parents who have an intact marriage or domestic relationship, and to fit parents who unanimously oppose visitation. The statute grants qualified deference in four circumstances. None of the circumstances are implicated where a child’s natural parents are both fit and both oppose grandparent visitation as in this case. The issues decided in this case were: Whether MCL 722.27b(5) violates the defendants-maternal grandparents’ constitutional rights to due process and equal protection; Substantive due process challenge to the constitutionality of MCL 722.27b(5); Morreale v. Department of Cmty. Health; Keenan v. Dawson; DeRose v. DeRose; Troxel v. Granville; Tolksdorf v. Griffith; W. A. Foote Mem’l Hosp. v. City of Jackson; Frame v. Nehls; Whether defendants have a fundamental right to maintain a relationship with their grandchildren; Johnson v. White; In re Morton; In re Clausen; Whether the strict scrutiny or rational test applied; Whether MCL 722.27b(5) deprives defendants of procedural due process; Hinky Dinky Supermarket, Inc. v. Department of Cmty. Health; Morales v. Michigan Parole Bd. In this situation, MCL 722.27b(5) was rationally related to the legitimate purpose of preserving the fit parents’ fundamental right in managing the care, custody, and control of their children. - The "In My Opinion" Show with Host Ronald Barry Robinson and Friends. Seen on Comcast Cable Television Channel 17 every Saturday at 6 P.M. and Wednesday at 8:30 P.M. Co-Hosts: Mr. Henry Hatter, Attorney Terry Bankert, Mrs. Tracy Blackwell Saturday October 19, 2007 6 P.M. Topic: Mayoral Candidate Mr. Dayne Walling - Host Mrs. Tracy Blackwell For further information please go to (flinttalk.com) Access Forums, follow prompts to The "In My Opinion" Show - My pick for Mayor follows. I have taken my stand you take yours. http://bankertsvoterguide.blogspot.com/ - On WFLT 1420 A.M. radio on my show Know the Law 9:00 A.M. until 9:30 A.M Judge Herman Marable will appears to talk about his student of the month. This is a call in show. 239-5733 Have a great day! Terry Bankert attorneybankert@yahoo.com or http://attorneybankert.com/ 21104

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Some definitions

FYI

Global warming refers to the increase in the
average temperatureof the Earth's near-surface air and oceans in recent decades and its projected continuation.

The global average air temperature near the Earth's surface rose 0.74 ±/wiki/Plus-minus_sign 0.18 EC (1.33 ± 0.32 EF) during the last 100 years. The Intergovernmental Panel on Climate Change (IPCC) concludes, "most of the observed increase in globally averaged temperatures since the mid-20th century is very likely due to the observed increase in anthropogenic greenhouse gas concentrations"[1] via the greenhouse effect.

Natural phenomena such as solar variation combined with volcanoes probably had a small warming effect from pre-industrial times to 1950 and a small cooling effect from 1950 onward.[2][3] These basic conclusions have been endorsed by at least 30 scientific societies and academies of science, including all of the national academies of science of the major industrialized countries.
However, a few individual scientists disagree with some of the main conclusions of the IPCC.
see
http://en.wikipedia.org/wiki/Global_warming

The Intergovernmental Panel on Climate Change (IPCC) was established in 1988 by two United Nations organizations, the World Meteorological Organization (WMO) and the United Nations Environment Programme (UNEP), to evaluate the risk of climate change caused by human activity.

The IPCC shared the 2007 Nobel Peace Prize with former Vice President of the United States Al Gore [1].

The IPCC does not carry out research, nor does it monitor climate or related phenomena. One of the main activities of the IPCC is to publish special reports on topics relevant to the implementation of the UN Framework Convention on Climate Change (UNFCCC).[2] (The UNFCCC is an international treaty that acknowledges the possibility of harmful climate change; implementation of the UNFCCC led eventually to the Kyoto Protocol.)

The IPCC bases its assessment mainly on peer reviewed and published scientific literature. [3] The IPCC is only open to member states of the WMO and UNEP. IPCC reports are widely cited in almost any debate related to climate change.[4][5] National and international responses to climate change generally regard the UN climate panel as authoritative.[6]


All IPCC technical reports face extensive scientific review. The summary reports (i.e. Summary for Policymakers), which draw the most media attention, include review by participating governments in addition to scientific review.[7]

see

http://en.wikipedia.org/wiki/Intergovernmental_Panel_on_Climate_Change


...
The Working Group I Summary for Policymakers (SPM) was published on
2007[12] and revised on 5 February 2007[13]. There was also a 2 February 2007 press release[14]. The full WGI report[15] was published in March. The key conclusions of the SPM were that[16]:

Warming of the climate system is unequivocal.

Most of (>50% of) the observed increase in globally averaged temperatures since the mid-20th century is very likely (confidence level >90%) due to the observed increase in anthropogenic (human) greenhouse gas concentrations.

Hotter temperatures and rises in sea level "would continue for centuries" even if greenhouse gas levels are stabilized[17], although the likely amount of temperature and sea level rise varies greatly depending on the fossil intensity of human activity during the next century (pages 13 and 18)[13].

The probability that this is caused by natural climatic processes alone is less than 5%.
World temperatures could rise by between 1.1 and 6.4 EC (2.0 and 11.5 EF) during the 21st century (table 3) and that:

Sea levels will probably rise by 18 to 59 cm (7.08 to 23.22 in) [table 3].

There is a confidence level >90% that there will be more frequent warm spells, heat waves and heavy rainfall.

There is a confidence level >66% that there will be an increase in droughts, tropical cyclones and extreme high tides.

Both past and future anthropogenic carbon dioxide emissions will continue to contribute to warming and sea level rise for more than a millennium.

Global atmospheric concentrations of carbon dioxide, methane, and nitrous oxide have increased markedly as a result of human activities since 1750 and now far exceed pre-industrial values over the past 650,000 years

An outline of chapters in the WGI report (as of November 3, 2005)[18] and a list of the report's authors (as of March 10, 2005)[19] were made available before publication of the SPM.
The Summary for Policymakers for the Working Group II [1] report was released on April 6, 2007[20]. The Summary for Policymakers for the Working Group III report [21] was released on May 4, 2007. The AR4 Synthesis Report (SYR) will be released in November 2007.

http://en.wikipedia.org/wiki/Intergovernmental_Panel_on_Climate_Change

More to come.

Terry Bankert
attorneybankert@yahoo.com

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GLOBAL WARMING-MICHIGAN

Global warming could further damage Michigan's economy
This review posted on Good Morning Flint,Michigan USA
http://goodmorningflint.blogspot.com/

Posted ORIGIONALY by By Elizabeth Shaw / Flint Journal

April 22, 2007 09:06AM
http://blog.mlive.com/michigan/earth_day/http://blog.mlive.com/michigan/environment/

[A review and conversation. Comments of Terry Bankert in captions , deleted text...-trb]


[Did you know..-trb]

According to the U.S. Department of Energy, Michigan's carbon dioxide emissions from fossil fuels grew 4 percent between 1990 and 2004. Michigan ranked 10th nationwide for the most carbon dioxide emissions in 2004,...

CLAYTON TWP. -

Jim Koan sees global warming in every damaged bud on his apple trees at Almar Orchards this spring.

More frequent and erratic weather extremes - hallmarks of climate change - are already happening here, Koan said.

"We haven't had any normal years in the last few years, with some of the worst extremes in weather closer together than I can ever remember," said Koan, 58. "It won't take too many catastrophes to wipe us out."

[This may bolster the argument that we are simply in a cycle.-trb]

Much may be at stake for the rest of us, too.

[I agree though it appears hard to get the publics attention.-trb]

Climate change could hit Michigan square in the economic gut - and not in the far-off future, but during the lifetimes of many of us.

From the anglers and shippers who ply the Great Lakes to a snowmobile dealer in Mt. Morris Township, changing weather could impact nearly every aspect of our lives and local environment: farming, hunting, fishing, wildlife, water quality and supply, tourism, recreation, air quality, fish and bird species, forests, wetlands, lakes and human health.

[How will global warming do this?]

"Agriculture, tourism and the automotive industry are the top three in Michigan's economy, and two of those are heavily dependent on water," said Abby Rubley of Environment Michigan.

"We're already feeling the loss in the automotive sector. We can't afford to see it in our other two major industries, too."

[This smacks of scare tactics to compare our loss of auto jobs withthe environment.-trb]

That already declining automotive sector accounted for nearly 10 percent of nonfarm jobs in Genesee County in 2005 - about 15,000 jobs in all, according to the state Department of Labor and Economic Growth. And global warming's impact on the industry could affect those jobs.
Transportation sources make up about a third of greenhouse gases, with cars, sport-utility vehicles and light trucks accounting for almost 22 percent, according to the National Environmental Trust.

That's led to intense political pressure to raise corporate average fuel economy, or CAFE, standards.


["What is CAFÉ? Corporate Average Fuel Economy (CAFE) is the sales weighted average fuel economy, expressed in miles per gallon (mpg), of a manufacturer’s fleet of passenger cars or light trucks with a gross vehicle weight rating (GVWR) of 8,500 lbs. or less, manufactured for sale in the United States, for any given model year. Fuel economy is defined as the average mileage traveled by an automobile per gallon of gasoline (or equivalent amount of other fuel) consumed as measured in accordance with the testing and evaluation protocol set forth by the Environmental Protection Agency (EPA)."
see http://www.nhtsa.dot.gov/cars/rules/cafe/overview.htm -trb]

The National Highway Traffic Safety Administration has estimated it would cost $100 million for the auto industry to meet proposed CAFE increases over the next 10 years. About 80 percent of that would be borne by domestic automakers, said General Motors' Washington spokesman Greg Martin.

[We have saftey legislation to make cars safer on the ground,why not in the air also?-trb]

"Transportation may be one-third of the problem, but the auto industry is being asked to bear 100 percent of the solution," said Martin. [ Is this true, it sounds like an overstatement.-trb]

Changes could cost consumers $3,000-$5,000 per vehicle, depending on the model, he said.

[Will mass production lower these prices?-trb]

"When you look at any CAFE increase that doesn't match up with what's technically achievable, it's going to have a devastating economic effect on the automakers and the communities in which they operate."

Others, however, say a CAFE increase is just what the industry needs to drive innovation toward fuel efficiency, hybrids and hydrogen-powered vehicles.

GM is also working to shrink the so-called carbon footprint of vehicle-making itself, said local GM spokeswoman Sharon Morton. In the Flint area, GM has reduced carbon dioxide emissions by 9.6 percent in the past five years by using less energy.

In the orchard business, meanwhile, this spring could be the worst yet, Koan said.

"This year, we had the warmest December and January on record, so the trees didn't harden down and go to sleep like they normally would."

Then another warm spell hit after a brief winter - just in time for budding plants to be ravaged by freak April blizzards.

"We haven't ever seen this much cold with the buds as far along as they were and with hard winds driving that cold," said Koan. "We're still waiting to see how much damage there is."
How much change is ahead, and how soon?

By the time a baby born today gets out of college around 2030, local summers may feel noticeably warmer, more like those in current-day Ohio, according to a recent report from the Union of Concerned Scientists, an independent scientific research and analysis group.

[The Union of Concerned Scientists is the leading science-based nonprofit working for a healthy environment and a safer world.
UCS combines independent scientific research and citizen action to develop innovative, practical solutions and to secure responsible changes in government policy, corporate practices, and consumer choices. http://www.ucsusa.org/..this is a group we should all join.-trb]


[At their web site :"The Nobel peace prize was awarded to the Intergovernmental Panel on Climate Change and former Vice President Al Gore and underscores the urgent need for action to ensure a safe and healthy world for future generations.

"The Nobel committee's recognition affirms that policymakers need to listen to the best available science and act upon it to avoid dangerous climate change," said Peter Frumhoff, a lead author of the IPCC's fourth assessment report and director of science and policy at UCS. http://www.ucsusa.org/ -trb]

By the time that newborn is a great-grandparent in 2095, a Michigan summer may feel like one in northern Arkansas today, with our winters milder and with little snow, like those now in Ohio.
By then, Michigan's average summer temperatures could be 5-10 degrees warmer in winter and 7-13 degrees hotter in summer, said the UCS report.

The Great Lakes might moderate some of the effects of global warming for Michigan, said Marty Kaufman, University of Michigan-Flint professor of earth and resource science.

The bad news: The Great Lakes themselves are at risk as shrinking winter ice results in more evaporation and lower lake levels.

"Michigan's primary feature is the Great Lakes, and that's where we'll feel our largest economic impact," said Kaufman. "It may affect shipping, recreation and tourism just for starters. And that's huge."

Local winter sports businesses are already feeling the heat.

Snowmobilers are driving farther north each year to find usable trails, said Michael Nord, owner of Nord-Ride Motorsports Inc. in Mt. Morris Township.

[I have wondered why I see fewer snowmobiles. Bad snow or dying sport?-trb]

"The true snowmobiler is always going to find snow no matter what. But it seems every year less and less people are snowmobiling and are switching to other alternatives like quad runners," said Nord. "We've shifted our business dramatically through the last 10 years because of the weather."

Michigan's greenhouse gas emissions are rising, even as industry in the state declines.
According to the U.S. Department of Energy, Michigan's carbon dioxide emissions from fossil fuels grew 4 percent between 1990 and 2004. Michigan ranked 10th nationwide for the most carbon dioxide emissions in 2004, the most recent year for which state-by-state data is available. [ If a national policing poicy attaches debts and credits and other costs for emissions can we absour this cost? Why should we now in our decline be punished for the economic wealth we have brought this county speaking of Michigan USA.-trb]

Much of that can be linked to Michigan's natural gas-fired power plants, where carbon dioxide emissions more than doubled in that same time period.

"Given the risks from global warming, it's incredibly irresponsible for Michigan's global warming pollution to increase," said Environment Michigan field director Abby Rubley. "It's like the doctor telling you that you need to go on a serious diet, but instead you go straight for the McDonald's."

[To say we are irresponsible is an easy out. You have to cost benefit it to Michigan. To ignore this economic disaster may be a prudent economic decision for Michigan. Who can fault us?....EVERYONE!-TRB]

Wind power, ethanol and fast-train technology are just some of the strategies that could help turn it all around, said UM-Flint's Kaufman.

"We're not shooting blanks here in Michigan. We've got the means in terms of engineering expertise, research groups, labor force and tangible resources," he said. "We just lack the motivation."
—
Sizzling impact of Global Warming on Michigan
Terry Bankert 10/17/07
http://groups.yahoo.com/group/Flintcitizen/

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GLOBAL WARMING

GOOD MORNING FLINT
10/15/07
By Terry Bankert
Posted to Flint Talk at
http://flinttalk.com/viewtopic.php?p=16637#16637
andFlint Citizen
http://groups.yahoo.com/group/Flintcitizen/
I haven’t paid much attention to the debate over global warming.
I guess it takes a Vice President to write a book [I have not read the book], win an Oscar [I have not seen the movie] and accept a Nobel Peace prize.Okay Al Gore you have my attention.

How to learn more quickly?
I knew there was this outfit called the Green Party.

SO I Googled it. Beats buying a book.

The following is from the 2004 Green Party Platform As ratified at the 2004 Green National Convention in Milwaukee, WI.
http://www.gp.org/platform/2004/ecology.html#753914
As usual from this point on my comments until –end--if any will be [-trb], no other comments will be added and if deleated will show as ...

–begin--

Earth's atmosphere is in great danger due to man-made chemicals and hydrocarbon emissions. Chloro-fluorocarbons, hydrochloro-fluorocarbons, and other related ozone-depleting substances should be banned as soon as is possible. [I have a ways to go. I don't know what products these are.-trb]The Green Party urges the U.S. Congress to act immediately to address the critical global warming and climate change issues.

When the U.S. Senate voted 95-to-0 to oppose any global warming treaty that does not also bind developing countries to specific, if smaller, carbon emissions reductions in the future, which many industrializing countries oppose, it put a roadblock in the way of progress by all nations. [This was in 2004-trb]With only 4% of the earth's people, the United States produces more than 20% of carbon emissions. [ I would think that we have a great responsibility.-trb]

From 1990 to 1996, total U.S. emissions grew by an amount equal to what Brazil and Indonesia produce every year. Per capita, the United States emits 85% more than Germany, twice as much as England and Japan, and currently nearly 10-times as much as China. [ I bet the rest of the world thinks we have an environmental debt to pay.-trb]

Climate change presents very real economic and social opportunities for new and sustainable jobs from new energy technologies, including both energy efficiency and renewables. Yet, too often, the focus of debate has been only on the pain of adjustment to carbon reductions, This is because of the influence of multinational business on government policies.

We must implement the following policies if we are to make a start on protecting our global climate:

1. An early target must be set to prevent emissions from rising so far that future reductions become even more difficult.

2. Avoiding loopholes is even more important now than an ambitious target. Unless a very ambitious target is set, which now seems unlikely, allowing sinks and trading within the protocol will create such loopholes that no real reductions will occur. Trading and sinks must be left until there is much more scientific precision in how they are measured.

3. Targets are not enough without credible policies and measures to achieve them. We urge all governments to table a list of the policies and measures they intend to adopt to attain their target, for example eco-taxes and energy performance standards.

4. Nuclear power is not an acceptable alternative to fossil energy. We should not accept country commitments that depend on increasing nuclear capability. We must join the solar age.

5. We endorse the Contraction and Convergence model under discussion at international talks (which as proposed would eventually give every human being an equal right to the atmosphere) as the most practical way to achieve justice and participation for developing countries.

6. As a nation, we must implement public and private initiatives at every level to support the Global Climate Treaty signed at the Earth Summit in 1992, committing industrial nations within a time framework to reducing emissions to 1990 levels.

7. The most authoritative assessment to date concludes that a worldwide carbon dioxide emissions reduction of 50-70 percent is necessary to contain climate change. The Kyoto Climate Protocol in 1998 falls far short, calling for only a five percent reduction. Nonetheless, the agreement is an important first step that all parties - especially the U.S. - should ratify as soon as possible.

8. We must drastically reduce, then eliminate, the use of fossil fuels. We must use energy more efficiently, and from clean, renewable sources. We must preserve the many valuable natural services including climactic stability provided by intact ecosystems....

9. If we fail to summon the political will now to make these investments, the costs of climatic disruptions will almost certainly force us to make them later at a greater expense. Greenhouse gases and the threat of global warming must be addressed by the international community in concert, through international treaties and conventions, with the industrial nations at the forefront of this vital effort.
—end–

Now this was two years ago, Al Gore and the Union of Concerned Scientist seem to have a lot to say.

Others say this Global Warming is a falsity being promoted by the left.
How can it not be happening, global warming?

How can we opposed moving to new technologies?

The issue is far to complicated to spout off on.

Any site recommendations are appreciated.

Yes Al Gore I am going to read your book and watch your movie.

Stay tuned.

Terry Bankert http://groups.yahoo.com/group/Flintcitizen/20394

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Changing Custody of a Child

S T A T E O F M I C H I G A NC O U R T O F A P P E A L S
Leder v Leder 7/26/07 NO:275237
Posted here with modification of style by Terry Bankert

http://attorneybankert.com/
full article
http://terrybankert.blogspot.com/
summary at
http://goodmorningflint.blogspot.com/

REQUIREMENTS FOR CHANGING CUSTODY OF A CHILD

In a recent case a Mother appeals as of right the trial court’s order denying her motion to change the custody of the minor children born during her marriage to defendant. On cross-appeal, defendant challenges the trial court’s determination that he had been uncooperative with plaintiff regarding legal issues related to the children and the court’s imposition of additional requirements to ensure cooperation in the order. The Court of Appeals did not disagree with the trial court.

II. No Change In Circumstances Or Proper Cause For A Change Of Custody

This Court applies three standards of review in custody cases. The great weight of theevidence standard applies to all findings of fact. A trial court’s findings regarding the existenceof an established custodial environment and regarding each custody factor should be affirmedunless the evidence clearly preponderates in the opposite direction.

An abuse of discretionstandard applies to the trial court’s discretionary rulings such as custody decisions. Questions oflaw are reviewed for clear legal error.

A trial court commits clear legal error when it incorrectlychooses, interprets, or applies the law. Vodvarka v Grasmeyer, 259 Mich App 499, 507-508; 675 NW2d 847 (2003). [Citations omitted.]

A trial court may modify a custody award when the moving party establishes that a"change in circumstances" has occurred or when the party establishes proper cause forreconsideration. MCL 722.27(1)(c); Phillips v Jordan, 241 Mich App 17, 24; 614 NW2d 183(2000).

To establish "proper cause," the moving party must present evidence of "one or moreappropriate grounds that have or could have a significant effect on the child’s life to the extentthat a reevaluation of the child’s custodial situation should be undertaken." Vodvarka, supra at511.

To establish a "change in circumstances," the moving party "must prove that, since theentry of the last custody order, the conditions surrounding custody of the child, which have orcould have a significant effect on the child’s well-being, have materially changed." Id. at 513.The moving party must establish something beyond "normal life changes" in order to justify thecourt’s reconsideration. Id. at 513-514. "[W]hen a modification of custody would change theestablished custodial environment of a child, the moving party must show by clear andconvincing evidence that it is in the child’s best interest." Phillips, supra at 25.

However, thetrial court may not reconsider the best interest factors until the moving party has establishedproper cause or a change in circumstances by a preponderance of the evidence. Vodvarka, supraat 509.

In determining whether a plaintiff has established proper grounds for reconsidering theexisting custody order, a trial court may use the best interest factors of MCL 722.23 as a guide.Vodvarka, supra at 511-512. MCL 722.23(c) requires the court to consider the "capacity anddisposition of the parties involved to provide the child with . . . medical care."

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Holmes, Yoots and adult responsibility

Good Morning Flint

September 15 2007 By Terry Bankert

attorneybankert@yahoo.com

posted at http://flinttalk.com/viewtopic.php?p=15934#15934

Da 2 yoots rights have been violated by the Adults, now what?

Saturday-suspended http://www.mlive.com/news/flintjournal/index.ssf?/base/news-46/1189248653292530.xml&coll=5

Tuesday-back in game http://www.mlive.com/news/flintjournal/index.ssf?/base/news-46/1189518654113150.xml&coll=5

Wednesday-Public opinion rears its ugly head http://www.mlive.com/news/flintjournal/index.ssf?/base/news-46/1189633630252640.xml&coll=5

Bloody -Friday- Students suspended, coach relived of duties http://blog.mlive.com/flintjournal/newsnow/2007/09/flint_southwestern_academy_foo.html#more

Law at : http://flinttalk.com/viewtopic.php?p=15871#15871

Q:Should Home Invasion excluded a student from Holmes Youthful Trainee status.

Q:What internal rules did the coach violate.

Q:Has the Flint Board of Education and Interim Superintendent violated the law by taking the ability to play football away from the students because of their YT status?

Q:Was there anything improper about the public comments of the Prosecutor and Sheriff? Discussion has been lively, heated, silly and serious on the boards concerning issues in Flint MI about the two suspended football players “discovered” to be spending their nights in jail for 90 days as part of an order of a 7th Circuit Court Judge who assigned to them the status of Youthful Trainee. [YT].

These YT’s , after successful completion would have no criminal record.

They were convicted of no crime.

They were assigned a status.

As Andi03 on Flint Talk , http://www.flinttalk.com/post-15929.html#15929, stated “For some reason, the image of the Movie "My Cousin Vinnie" comes into play, where Joe Pesci talks in his Bronx accent to Lurch, the judge......."The two 'yoots." "What?!" "Oh, excuse me the two yoooooouuuuttttthhhhs."

The initial coverage when the status of these yoots was leaked was slicker and sicker than a Pesci hair do.

The press launched on them like “tax deadline” coverage.

They were almost as exclusive as a 1 inch snow fall weather team special report.

The Flint Journal and TV 12 intellectuals raised the 5th estate on their shoulders to give us the High Definition view of a “ Jerry Springer” out pouring of moral outrage capped by the Journals con of Khan gutter ball, foul play ,front page of the sports section ,above the cut below the belt, minor league clutch when he dropped the ball of ethics.

That was fun, what I meant was I think the press coverage left something to be desired.

Somewhere in the onslaught of outrage I posted my analysis of the law concluding the privacy right of the yoots was violated. Others had already voice concerns.

Case law seems to indicate that officials who leaked this information like the Prosecutor and Sheriff may have not been with in line with statutory interpretation of the Holmes Youth Trainee Act and case law. But I could be wrong. This part of the puzzle is for others to decide.

After watching closely the boards:
Flint Talk http://www.flinttalk.com/
Flint Town Talk http://www.mlive.com/forums/flint/index.ssf
Flint Citizen http://groups.yahoo.com/group/Flintcitizen/
and the comments on the Flint Journal New Now http://blog.mlive.com/flintjournal/newsnow/

I think the community has an asset in the ability to disseminate information quickly, through the boards cited above, and a wide variety of competent posters giving falsehood no where to run no where to hide.

Starting around the late afternoon of 9/14/07 I notice a shift . The posters began to post that the real blame belongs with the adults not the yoots. Success I agree. A deal was agreed to where privacy of the yoots was part of the deal. The deal was broken by adults in authority and responsibility, and adults in the press exercising free speech and outraged fed up citizens exercising their right to bitch real loud.

Oh no did you hear! Felons in jail released to play sports we disagree they said in harsher tones.

When the whole story comes out their opinions may change.
Here is my point.
Why did not more of the whole story come out sooner.
Why did the press not do their home work on what Holmes is.
There are 50 criminal attorneys who would have explained it to them.

Why did they not know the yoots had YHTA status, or what that status has as its objectives.

Where is the Flint Journal article that explains this. I suspect we will see it in the next issue of the Uncommon sense http://www.downtownflint.com:

Why did the Prosecutor and Sheriff need to run on and on when faced with a photo op.

They as adults and responsible official actors were obligate to operate responsibly .

Failed they did ! An the Interim one pressured was she, resources with a law firm at her disposal, acted wrong rescinded right tripping back to wrong.

What a dance! If she be wrong she be real wrong a competence test to her bones.

But that is for others to determine. SO ....as this develops several hundred of us have shared information high and low immediately molding public opinion on the spot.

We did not have to wait for the next TV 12 report or the next edition of the Flint Journal.

Good job community.


My post on YTA can be found here http://flinttalk.com/viewtopic.php?p=15871#15871

The cable 17 Comcast show In My Opinion airing of Saturday at 6 pm and Wednesday at 8:30 was taped yesterday.

In one round table I went off a bit on this subject. I am mortal and was angry at Khans article in the 9/13/07 Flint Journal.

It may air on Sat. Let me know what you think. Saturday morning at 9 am on WFLT 1420 a.m.radio

I will have as my guest Genesee County Commissioner Rose Bogardus talking about the county budget, and as usual I will add a little family law.
-end-

September 15 2007

By Terry Bankert
attorneybankert@yahoo.com
http://attorneybankert.com/
http://groups.yahoo.com/group/Flintcitizen/

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