Source: Sherman Publications

Remove Images

Letter to the editor
Landfill opponent 2

September 07, 2011

Dear Editor,

I was one of the 70-plus in attendance at the Orion Township Board meeting on Aug. 29, 2011. We were told in 1994 that ACT 451 was passed by the legislature, and would make the contract/operational agreement with Waste Management's Eagle Valley landfill null and void. This to me is an absolute falsehood.

Please let me inform you what is stated in both the Michigan and United States Constitutions:

The Constitution of the United States, Article 1, Section 10, states "No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility." Constitution of the State of Michigan of 1963, Article 1, Sec. 10, states "No bill of attainder, ex post facto law or law impairing the obligation of contract shall be enacted."

This is why we need to always go to the Federal and State Constitutions before we are blind- sided with a load of horse-pucky! The constitutions always supersede any and all laws, acts and authorities.

The township board members were told by the former Orion Township Supervisor Matt Gibb that under the advisement of their legal counsel there was no other recourse but to amend the 20-year-old consent agreement between Waste Management and Orion Township. The reasoning was due to the implementation of Act 451 in 1994 that allegedly voided the original 1991 contract and allowed Waste Management to expand its Eagle Valley landfill operations for another 30 years. This opinion totally runs counter to the Michigan Constitution's safeguard of contracts. No public hearing was ever called - therefore the property owners greatly affected by the landfill decision have truly and cruelly been blindsided.

It is a shame that calling in new legal council will add an unexpected and hefty expenditure for the township. But, that expense would not have been necessary if the public - especially the property owners affected had been properly notified by having a public hearing.

Let us hope that the board's decision can be truly tossed out and that we never see any elected board and its supervisor carryout a similar action again without full public participation through a public hearing. It is my opinion this was an absolute violation of public trust.

Mary MacMaster