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TMLC Successfully Represents Religious Order Prosecuted In Zoning Case – State Judge Dismisses Case

September 25, 2007 by

September 25, 2007

ANN ARBOR, MI – Judge Michael Gerou of the 35th District Court ruled yesterday that a provision of the Northville Township, Michigan Zoning Ordinance under which Miles Christi, a Catholic religious order, was being prosecuted was unconstitutionally vague, and dismissed the civil infraction on a motion for directed verdict after the Township attorney rested his case. The religious order was represented without charge by the Thomas More Law Center, a national public interest law firm, based in Ann Arbor, Michigan.

At issue was the phrase “more intensive use” which the Township employed in an attempt to force the construction of additional parking facilities at the residence occupied by 6 priests and brothers. The cost of this construction would have been over $100,000. The phrase “more intensive use” was not specifically defined in the zoning ordinance of the Township, nor were Township witnesses able to explain what the phrase meant in definitive terms—admitting its application was a subjective evaluation.

Richard Thompson, President and Chief Counsel of the Law Center commented, “In my opinion, the Township targeted the home occupied by this religious order as a result of pressure by a neighbor. The home was placed under police surveillance, cars parked at the home were photographed, and license numbers noted ─ all in an effort to detect a zoning violation. The Law Center considers these actions a serious violation of the U. S. Constitution, federal and state laws, and is further pursuing the matter in federal court.”

The mission of the Miles Christi religious order includes spreading the Gospel message and sanctification of the laity, particularly university students in Michigan and across the country. It has occupied the home in Northville Township since 2002. Daily Mass is held in one of the rooms which the priests converted into a small chapel in order to celebrate Mass everyday, a requirement of the Order’s religious vocation. Additionally, the priests conducted private Bible study groups at their home as part of their religious vocation. These activities have been hosted by the Miles Christi order for the past four years.

In 2003, after the initial complaint of the neighbor was investigated, the Township approved the religious order’s use of the home. No further enforcement action was taken until the neighbor again made complaints beginning in February 2007.

Before the Law Center entered the picture, this small religious order had already expended $5,000 for a consultant to draft site plans for increased parking in an attempt to comply with directives of the zoning officials.

The civil infraction issued on June 5, 2007 charged the Miles Christi religious order with failure to follow site plan review procedures, a civil infraction, carrying a fine of up to $500 per day for each day they were in violation. Judge Gerou determined that the standard used by the Township to demand a site plan was so vague that the religious order as well as the general public, were incapable of understanding when use of a home would be considered “more intensive” as to require a site plan to be filed.

The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

Miles Christi v. Northville Township, Michigan

September 25, 2007 by

Another Marine Officer Has Landed: Brandon Bolling Joins the Thomas More Law Center

September 24, 2007 by

ANN ARBOR, MI – The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, today announced the appointment of former Marine Major Brandon M. Bolling as its newest Trial Counsel.

As a Marine, Bolling served as a Judge Advocate in a wide variety of assignments, including two hostile fire/combat zone tours during Operation Enduring Freedom. He prosecuted and defended many high profile military criminal cases which garnered national media attention. The story behind one of his criminal cases became a bestselling novel. Brandon’s military education includes Officer Candidates School, The Basic School, Naval Justice School, and Expeditionary Warfare School.

Bolling reports directly to Richard Thompson, President and Chief Counsel of the Law Center. On this new appointment, Thompson commented, “He’s a great addition to our staff. Brandon has already demonstrated his faith, love of country, proficiency as a lawyer and commitment to our mission. He served his country well as a Marine – he will continue to serve his country on behalf of Christians on a new battlefield – the courts. I have a bias for lawyers with combat backgrounds, and hope to add more as the funds become available. They make great lawyers in the Culture War.”

A Michigan native, Bolling received a B.A. in Political Science from Michigan State University in 1995. While a student, he joined the United States Marine Corps and was commissioned a Second Lieutenant. As a law student, Bolling also worked as a full-time clerk for a large Farmington Hills law firm. In 1999, he completed his Juris Doctorate at the University of Detroit-Mercy School of Law.

Brandon Bolling served eleven years as a Marine, attaining the rank of Major. He received seventeen medals and decorations for his distinguished military service. Brandon was regularly sought out by peers and the media for his opinion on a wide variety of legal issues.

Brandon is a dedicated husband and proud father of three children. He and his family relocated to Michigan from Rhode Island in order to establish permanent roots and begin his work with the Law Center.

Said Bolling, “I accepted this position at the Thomas More Law Center to help defend attacks upon traditional American values and the foundational principles of the United States Constitution.”

Two other Law Center attorneys, Robert Muise and Brian Rooney, are former Marine officers who served combat tours as well. Muise is a former Marine infantry officer veteran of the first Persian Gulf War and a former Judge Advocate who joined the Law Center in 2000. Rooney is a Marine veteran of Operation Iraqi Freedom and a former Judge Advocate. Rooney joined the Law Center in the Fall of 2006, shortly after returning from a combat tour in Iraq. Both Muise and Rooney have been actively involved in the defense of Lt. Colonel Jeffrey Chessani, the highest ranking Marine officer charged in the so-called “Haditha Massacre.”

The Law Center is defending Chessani without charge. To assist with deferring the costs of litigation, the Thomas More Law Center has set up a fund called “LtCol Chessani Defense Fund.” You can visit the Law Center’s website (www.thomasmore.org) to make a donation to this worthy cause.

ACLU’s Attempt to Depose Thomas More Law Center’s West Coast Regional Director Defeated

September 17, 2007 by

ANN ARBOR, MI – On September 13, 2007, United States Magistrate Judge William McCurine Jr. granted a motion by the Thomas More Law Center to quash the ACLU’s subpoena to depose Charles S. LiMandri, a practicing San Diego attorney and the Law Center’s West Coast Regional Director, regarding his involvement in the Mt. Soledad Veterans Memorial case.

The ACLU represents the Jewish War Veterans of America and several individual plaintiffs in a federal lawsuit filed last year challenging the statute by which the United States took possession of the Mt. Soledad Veterans Memorial from the City of San Diego, as well as the display of a cross as the centerpiece of that Memorial.

LiMandri had advised San Diego area Rep. Duncan Hunter and other Congresspersons regarding the federal legislation and also had represented a grassroots group of San Diego residents who promoted a successful ballot measure requiring the City to donate the Veterans Memorial to the United States. (The federal legislation affected a taking of the property while a court order invalidating the ballot measure as unconstitutional was on appeal. The appellate court reinstated the ballot measure.) On behalf of the Law Center, LiMandri also had submitted several “friend of the court” briefs in a prior federal lawsuit challenging the presence of the memorial cross on City parkland.

In quashing the deposition subpoena, Judge McCurine, a Harvard Law School graduate and former Rhodes scholar, found that any attempt to glean the “motivations” of Congresspersons in advancing legislation regarding the Mt. Soledad Veterans Memorial would violate the “Speech and Debate Clause” of the United States Constitution, which protects speech and other activities undertaken by members of Congress acting within a legitimate legislative sphere. The judge said, “[I]t is clear to this Court that permitting the deposition of Mr. LiMandri would produce a harmful chilling effect on the right of federal legislators to gather information and consult with paid or non-paid advisors with regard to prospective legislative activities and decisions.”

Judge McCurine had previously denied the ACLU’s request to depose Rep. Hunter on the basis of the Speech and Debate Clause, noting that Rep. Hunter’s motives in sponsoring the Mt. Soledad Veterans Memorial legislation were irrelevant to the issue of the constitutionality of that law.

Judge McCurine also found that the ACLU’s proposed deposition of LiMandri would invade the attorney-client privilege and, to the extent any non-privileged information was sought, would be unreasonably duplicative of other available evidence and unduly burdensome on LiMandri.

LiMandri stated: “As Judge McCurine pointed out in his order, the ACLU was just trying to do an end-run around his refusal to let them depose Rep. Hunter. Trying to depose me perfectly fits the ACLU’s usual modus operandi of intimidation and harassment. This time it backfired.”

TMLC Obtains Permanent Injunction Against Farmington High School – Secures Rights of Bible Club

September 12, 2007 by

ANN ARBOR, MI – The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, today announced that United States District Judge Victoria A. Roberts has entered a permanent injunction granting equal rights to a Bible club and its members at Farmington High School in Farmington, Michigan.

The Law Center represents ALIVE, a voluntary student Bible club, its president and co-founder, Aaron Grider, and his parents. In 2006, Grider had requested that ALIVE be recognized by the school as a noncurriculum-related student group and receive the same treatment and benefits that other noncurriculum-related student groups receive at Farmington High School. In the past, Farmington High School has recognized several noncurriculum-related student groups, including the Gay Straight Alliance, R.E.A.C.H. (a diversity club), and S.A.D.D. (Students Against Drunk Driving).

School officials denied Aaron’s request. Unlike recognized noncurriculum-related student clubs, school officials allowed ALIVE to meet informally before school, but did not allow ALIVE to advertise over the school’s public address system, on the school’s bulletin boards, on the school’s website, in the school’s yearbook, or over the school’s internal television network, and they did not allow the club to use the school’s photocopying machines.

The Law Center filed a lawsuit in federal court in Detroit, Michigan, and raised claims that school officials had violated plaintiffs’ rights under the Federal Equal Access Act, the Michigan Equal Access Act, and the federal constitution.

Before the start of the school year, which began on September 4, 2007, plaintiffs filed motions seeking a court injunction to ensure that ALIVE and its members would be treated the same as other noncurriculum-related groups are treated at Farmington High School.

Last week, Judge Roberts issued a permanent injunction in favor of plaintiffs and required school officials to provide ALIVE the same benefits, treatment, and privileges enjoyed by other noncurriculum-related student clubs.

According to Richard Thompson, President and Chief Counsel of the Thomas More Law Center, “The judge’s order should highlight to all school officials in Michigan and in other states that once a public high school allows one noncurriculum-related student club to meet on campus, they cannot discriminate against a Bible club. A Bible club must be permitted the same rights as other student clubs.”

Judge Roberts determined that plaintiffs were likely to succeed on the merits of their claims under the Federal and Michigan Equal Access Acts, and, therefore, she did not need to consider the constitutional claims. Judge Roberts stated that “it appears clear that ALIVE has been treated differently than other student groups ‘on the basis of’ the religious content of their speech.”

Judge Roberts also determined that because plaintiffs have been denied equal access to the school in violation of the Federal Equal Access Act, based on plaintiffs’ religious viewpoint since at least October 2006, that the plaintiffs would be irreparably harmed this school year without an injunction to ensure that their rights as a club are protected.

Commented Edward L. White III, trial counsel for the Thomas More Law Center handling the case: “Judge Roberts’s permanent injunction will protect the rights of ALIVE and its members this school year and thereafter. These students will be able to enjoy all the benefits that other noncurriculum-related student clubs enjoy at Farmington High School.”

President Bush Brags “We’re kicking Ass”; His Sec. of Navy Censures Those Who are Doing the Kicking

September 6, 2007 by

ANN ARBOR, MI – When President Bush was recently asked about Iraq, he told the Australian Deputy Prime Minister, “We’re kicking ass.” Despite the exoneration of Marines actually involved in the fighting in Haditha on November 19, 2005, three senior Marine officers, MajGen Richard Huck, Col Robert Sokoloski, and Col Stephen Davis have been administratively censured by the Secretary of the Navy for their involvement in the Haditha events. During the time of the incident, MajGen Huck was the Commanding General of the 2d Marine Division, Col Sokoloski was the division’s Chief of Staff, and Col Davis was the Commanding Officer of Regimental Combat Team-2, which was part of the division.

The Thomas More Law Center is defending Marine Lieutenant Colonel Jeffrey Chessani against charges of dereliction of duty arising out of the Haditha incident. LtCol Chessani was the Commanding Officer of the 3rd Battalion, 1st Marines, one of the subordinate commands under Maj Gen Huck and Col Davis.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center stated, “The Secretary of the Navy has sacrificed three senior, combat-experienced warriors on the altar of political expediency to appease anti-war politicians and the liberal media. These Marines, who have dedicated their lives in defense of our country, deserve better. It’s insanity; it will turn combat commanders into ‘paper pushers’ and will have far-reaching deleterious effect on the fighting spirit of Marines on the ground.”

The Thomas More law Center has received information that these “letters of censure” were delivered to the three senior officers on the same day they were told they would be receiving them. All three officers were surprised by this action from the Secretary of the Navy.

Brian Rooney, an attorney at the Law Center and a former Marine officer commented, “We at the Thomas More Law Center have always said that LtCol Chessani reported to his superior officers what he knew, when he knew it. At the very least, the language of the censorship is an acknowledgment of the fact that LtCol Chessani did report what happened on 19 November 2005. Also, as the government’s own expert witness on the law of war testified at LtCol Chessani’s Article 32 Hearing, it is the responsibility of higher commands to determine if a formal investigation is needed. These men all concluded that a formal investigation was not required. However, it is odd that the Marine Corps has decided to publicly censure these good men who have dedicated their lives to the service of their Corps and country when the recent Article 32 facts are turning out to be what these men on the ground believed them to be—a hard fought battle—not a massacre. The Secretary of the Navy is essentially censuring these men for not investigating a crime that never occurred.”

The decision to launch a criminal investigation of the November 19 incident was made three months after its occurrence as a result of a Time Magazine news lead, which military commanders in the field knew was instigated by terrorist propaganda.

Congressman John Murtha, an outspoken anti-war critic and chairman of the House military appropriations subcommittee, months before the investigation was completed, publicly accused the four Marines of being “cold-blooded murderers” and high-ranking officers of “covering it up.” The censure letters do confirm that there was no “cover-up” by any of the officers involved. The Thomas More Law Center still plans on looking at all of its legal options against Congressman Murtha once LtCol Chessani is exonerated.

Richard Thompson went on to say, “This action is especially inappropriate considering SSgt Wuterich is in the middle of his Article 32 Hearing. We have always said that the Marines acted appropriately on November 19th—within the rules of engagement. LCpl Sharrat has been officially exonerated, LCpl Tatum has basically been as well, and Capt Stone too. The question must be asked: Why, now that the facts are coming out in favor of the Marines, has this action been taken?”

The Thomas More Law Center is awaiting the outcome of the ongoing SSgt Wuterich Article 32 Hearing. Once the Investigating Officer has made a recommendation in that case, the Convening Authority will decide whether to send LtCol Chessani to a general courts-martial or not.

The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through litigation, education, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.