Thursday, July 25, 2013

Legal dispute serves as a time capsule



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.