Thursday, July 25, 2013
To provide some perspective about the lengthy legal battle
involving the owners of a beautiful Washington Township mansion and their
neighbors, consider how much has changed since it was filed nine years ago in Macomb County Circuit Court:
·
* Carl Marlinga was Macomb County prosecutor.
· *
Mark Hackel was sheriff.
·
* The defendants’ former attorney, David Viviano, was
just that. He was an aspiring prosecutor whose dream was derailed in that year's election but later became a circuit court judge and is now at the top of the legal field in
Michigan as a Supreme Court justice.
·
* The plaintiffs’ attorney, Tom Kalas, has seen
his three children grow up from youngsters to teenagers and a high school
graduate.
· *
The Detroit Pistons had just won their third NBA
championship with Chauncy, Ben, Rip, Sheed and Tay.
·
* The Detroit Tigers were bad, 18 games below .500
and managed by beloved but overmatched former Tigers player Alan Trammel.
·
* President George Bush and John Kerry were going
at it in the presidential campaign.
TThe case -- involving a palatial 9,00-square-foot home being built too close to its neighbor, per enforceable deed restrictions, has gone through two court of appeals rulings, one trial and one trial-like evidentiary hearing. But it finally may be resolved. We'll find our for sure next Tuesday.
Tuesday, July 16, 2013
Hackel: better days ahead for employees
Macomb County employees may be past their worst days as far as paychecks are concerned, based on remarks made to me by County Executive Mark Hackel.
Hackel told me during an interview Monday that unionized workers, starting with their next contracts in 2014, will not have to concede any more wages, although he didn’t rule out them having to give up more in benefits. Negotiations are just starting.
The county has operated annual budget deficits in recent years, saved by a previously robust rainy day fund. But due to slashing of the employment rolls and structural changes in county government, things are looking up.
“Now we’re seeing better opportunities and the light at the end of the tunnel,” Hackel said. “This is good for all employees. We’re hoping we won’t have to take away from employees or that they will have to make concessions. … I don’t want to say we’re completely out of the woods but we are getting there. .. We do have better days ahead of us as far as contracts with employees.”
When pressed, Hackel backed away from assuring no cuts.
“I don’t’ guarantee” the lack of concessionary contracts, he said, mentioning employees may have to pay more for their “defined contribution.”
I’m not sure if he was referring to health care or retirement plans.
Hackel made the comments while discussing the county winning a court ruling regarding his imposition of concessionary labor contracts on two employee union groups, two of only three units among 26 total units that have been without contacts the past two years.
County officials already announced an end next year to the six furlough days employees take each year to save $3 million.
One employee, however, told me that many workers don't want the furlough days to end. They prefer them on the theory that if they’re going to be paid less, they might as well as have more time off surrounding weekends, often a holiday.
Tuesday, July 2, 2013
Attorney's guardianship, custody strategy worked
Family law
attorney Renee Tegel executed an effective legal maneuver for her client,
Arthur Scavone, in winning him custody of his grandchild, the son of
murdered Sterling Heights woman Jennifer Scavone.
Grandparents on
both sides pursued custody of Jennifer’s then 11-year-old son after
she was found shot to death Feb. 9 in her running vehicle along a Detroit
freeway.
Temporary
guardianship was immediately granted to Keven Finley, Jennifer’s live-in
boyfriend who has a child with Jennifer. Tegel quickly filed for Arthur’s
guardianship, and it was granted in March by Macomb Probate Court
Judge Carl Marlinga.
But guardianship
can be attacked and challenged by other parties, so Tegel's ultimate goal for
Arthur Scavone was full custody. It provides stronger legal protection.
The fraternal grandparents dropped from the picture, probably
because they knew they didn’t have legal standing over their son, Josef
Zbercot, who also filed for custody. But
severely damaging Zbercot’s case was his conviction for molesting a minor
relative last summer while staying in a motel in Sandusky, Ohio, during a Cedar
Point trip.
Circuit Court
Judge Kathryn Viviano also included Arthur Scavone's guardianship among other factors in awarding custody to him. Scavone during his guardianship also had provided a loving, stable environment for the boy.
It was the right ruling despite its uniqueness because a grandfather gained custody
over a natural father.
Viviano left the
door open for Zbercot, who lives with his parents in Roseville, to possibly
gain custody or at least parenting time, which the judge suspended, sometime in
the future if he deals with some personal issues.
Although Arthur
Scavone probably would have won custody anyway, gaining the guardianship first
certainly helped.