UPDATE: For the first time in two years, Mark Oberly can hold auctions at his rural Dundee Township farm without the threat of a lawsuit hanging over his head.
That’s because Monroe County Circuit Judge Joseph A. Costello has granted a motion from Dundee Township to dismiss its lawsuit without prejudice against the longtime auctioneer regarding the twice-a-month consignment sales at his farm off Dennison Rd.
The township entered the motion Tuesday on the first day of a scheduled two-day trial after its attorney, James Petrangelo, met in conference with Judge Costello and Mr. Oberly’s new attorney, Cindy Victor. The term “without prejudice” means the lawsuit could be refiled if necessary, Mr. Petrangelo said.
“The township agreed to dismiss the lawsuit with the idea to continue to monitor the situation (and) see if a satisfactory agreement can be reached,” the attorney said Wednesday. “We discussed that with their attorney and they certainly agreed to it.”
Every day we hear about the absurd happening in our country. Huge bonuses for executives who have driven their business into the ground, the Pentagon overspending it’s budget by hundreds of billions of dollars or police officers losing their jobs because of investigations that may have embarrassed a mayor. These absurdities can be national or in our own back yard. In fact, there is an absurdity happening now in Dundee Township, MI. Mark Oberly is a longtime resident who owns a farm on Dennison Rd. He mainly makes his living as an auctioneer specializing in agricultural and livestock auctions. For 20+ years, Oberly ran an outdoor auction every other Saturday near Downtown Dundee. Occasionally, he conducted an auction at his farm and a few years ago when the land was no longer available for use at the downtown location, he moved the Saturday auctions to his farm. The Township notified Oberly that he was in violation of running a commercial business on land zoned agricultural. They are spending taxpayer dollars litigating this case through the Monroe County Circuit Court.
Oberly feels that his constitutional rights under the right to farm act are being violated. He auctions hay and livestock as well as consignment items from the area which largely consists of tools, farm equipment and household items. In the summer and fall, you can sometimes find a small produce stand selling tomatoes, peppers and other vegetables during the auction. A lunch truck sells food and beverages. It is pure Americana, during a time when it seems Americana is fading. Locals make a little money selling their goods, bidders get to purchase items in a friendly environment and people mingle, socialize and grab a bite to eat, just like going to a Farmer’s Market.
The situation Oberly desires is a part of the American Dream…. of taking his two passions, auctioneering and the farm life and combining them together to provide a steady source of income. Times are tough enough out there than to deny an honest attempt to carve out a living, providing a service to the detriment of no one.
You may think “there has to be something disruptive going on due to the auctions?” Well, if 100+ signatures from all the neighboring homes and farms is any indication, then the twice-a-month event is not harming a soul. To date, no complaint has been brought forth by any neighbor. I have been to this auction many times as a consignor and a bidder and I will tell you that two hours after it is over, you would never know that there was an auction. (I also tend to drop money at the local gas station and restaurants when I come into town) Your next question might be “Well…if nothing is being disrupted by the auctions, what gives?” Here is the absurdity….One of the four township trustees behind the lawsuit, who is also on the Zoning Board of Appeals and was a long time Township Supervisor, happens to be Oberly’s former auction company partner and a competing Auctioneer from Dundee. LET’S REVIEW THAT AGAIN….Oberly’s main auctioneering competition in the area is one of the township trustees who is trying to halt his auctions on the farm. Can we see a possible conflict of interest here?
Zoning rules can be amended with what is called a Special Uses Permit. Oberly’s twice-a-month auction could easily be granted with such a permit. There appears to be nothing in the township’s ordinances that would be a sticking point. If the thought process is that the township cannot allow every other working farm to hold regular auctions, it can easily be explained that Oberly has been conducting a similar style auction for over 20 years in the township, and if that does not constitute being grandfathered in, than what is?
Let’s have our local trustees and political figures concentrate on things that really matter in our communities…our schools, our roads, crime and fiscal responsibility with taxpayer dollars. Leave the hard working among us alone who to try to make an honest days living. Or in this case…twice-a-month.
