The Whitman Lawsuit Page

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The purpose of this page is to provide factual information concerning the Whitman Lawsuit against Bedford Township.  If anyone would like to submit factual information concerning the Whitman Lawsuit or find any of the information contained on this page to be inaccurate, please contact the webmaster

 

Current News concerning the Whitman property located on Lewis Aveune

Whitman Rezoning Approved – Redwood Acquisitions to Construct 118 Unit Housing Complex

Click here to view the July 15, 2014 Bedford Township Board meeting where the re-zoning request was approved.

Toledo Blade July 21, 2014: Bedford Twp. OKs zoning change;17 acres known as Whitman Ford site

Bedford Now July 16, 2014: Whitman Rezoning Approved

Toledo Blade June 30, 2014: Bedford Twp. panel OKs unit rezoning 17-acre parcel near Sterns Rd Lewis Ave.

Bedford Now June 27, 1014: Bedford Planners Okay Whitman Property Rezoning

Bedford Now June 17, 2014: Apartments Proposed On Whitman Property (see legal notice of the meeting published in the Monroe News on June 13, 2014 which is listed below. This gives a complete description of the re-zoning request.)

Click here to view the agenda and supporting documents concerning the zoning request. (11 pages)

 

Click here to view the website for Redwood Acquisitions LLC. This is the company that would like to purchase and develop the 17 acres that is the subject of the re-zoning on the Whitman property.

Click here to view a current map of the zoning designations on the Whitman property.

 

 


 

 

Current Media Coverage of the Redwood Acquisitions project on the Whitman Property

 

Monroe News June 22, 2015: Apartment project under way on formerly embattled land.

 

 

 

 

 

 

 

 

Click on the graphic to the left to read a copy of the legal notice concerning the re-zoning request
which will take place on June 25, 2014 that was published in the Monroe News June 13, 2014

Click here to view a current map of the zoning designations on the Whitman property.

Click here to view the agenda and supporting documents concerning the zoning request. (11 pages)

Click here to view the website for Redwood Acquisitions LLC. This is the company that would like to purchase and develop the 17 acres that is the subject of the re-zoning on the Whitman property.

Click here to watch the video of the meeting (40 minutes) The re-zoning request was approved by a 6-0 vote and the re-zoning request will now move on to the Monroe County Planning Commission.

 

 

 

Whitman Ford Dealership Property sold

May 6, 2014: Whitman Ford Dealership Property sold. 8.49 acres of the original Whitman Ford property was sold on May 6, 2014 for $500,000. Click here to view the latest information on the sale.

 

Click here to view Bedford Car Lot web site (New owers of the Whitman Ford Dealership Property)

 

 

 

 

 

 

Whitman Re-Zoning Request April 2011 


Click here to view the notice of the public hearing which shows the current use categories
that are permitted by the court order of Circuit Court Judge Joseph Costello on January 28, 2011.

Click here to view the notice of the public hearing that appeared in the newspaper.

Steps in the Re-Zoning process:

1. Public hearing in front of Bedford Township Planning Commission (April 27, 2011)

2. Public hearing in front of Monroe County Planning Commission (TBA)

3. Public hearing in front of Bedford Township Board (TBA)

During the Public Hearings all interested persons will be allowed to comment. Written comments will also be accepted. Following each Public Hearing the rezoning request will be subject to action by each governmental board or commission.

Click here to view Bedford Township Master Plan Map.  Click here to view complete Bedford Twp Master Plan Text & Maps.

 

 

 

This map depicts the current use categories permitted by court order of Judge Joseph Costello January 28, 2011 on the Whitman Ford property.  The re-zoning request by Jon Whitman involves the section shown in dark pink (marked Area 4: 19.94 Acres - C-2 Shopping Center Business) and approximately one-half of the small section at the bottom left of the diagram shown in purple ( marked Area 1:  4.21 Acres - Professional Business Office).  He is requesting these areas to be re-zoned to C-3 General Commercial.  If the re-zoning is approved this would be the result:

a) Area 1:  Approximately one-half of this area will remain PBO (Professional Business Office) and the remainder will change to C-3 (General Commercial)

b) Area 2: 4.12 Acres will remain RM2 (Multi Family Residential)

c) Area 3: 4.12 Acres will remain RME (Elderly Housing Residential)

d) Areas 4: 19.94 Acres will change from C-2 Shopping Center Business to C-3 General Commercial (see map below)

e) Areas 5, 6 & 7 will remain C-3 General Commercial

Click here to view a printable copy of this map.

 

 

 

 

 

 

Click here to view the full data sheet from Lennex Realty.

The data sheet will list complete current details for the Whitman Ford property including the sales price. (4 pages)

 

 

 

 

 

 

Map of the use categories that will be permitted on the Whitman Ford property if the re-zoning request is approved.

Click here to view a printable copy of this map.

 

 

 


Click here to view a list of current Bedford Township Zoning Classifications   Use categories (RM-2, RME, PBO, C-1, C-2, C-3) and a brief overview of what is allowed to be built under each zoning classification.

 

 

 

 

Newspaper Articles Concerning the Re-Zoning Request:

 

 

Bedford Now November 12, 2011: Letters to the editor by Frank Knoll "Township is worse off for Jon Whitman's departure" and Pat Karmol "Leave the Whitmans be, already!"

Bedford Now November 5, 2011: Letter to editor by Jim Goebel "Sins of the son shouldn't be attributed to entire Whitman family"

Bedford Now November 5, 2011: Letters to editor by Sue Bomyea "Whitman family doesn't deserve public excoriation" and by Keith Holmes "Whitman family has done a lot of good for community over years"

Bedford Now November 5, 2011: Letter to editor by Stephen Olson "Bedford Watch seeks to deny property rights"

Bedford Now October 22, 2011: Letter to editor by Ernest Ryan "Sooner Whitman leave the better for township"

Bedford Now June 25, 2011: Letter to editor by Frank Knoll "Zero growth means zero tax growth too"

Toledo Blade June 19, 2011: Letter to editor by Gene Stock "Questions linger over zoning issue"

Toledo Blade June 15, 2011: “Anti-zoning group helps in nixing of Whitman bid. Board's rejection follows residents' comments”

Monroe Evening News June 8, 2011:"Whitman rezoning request denied"

Toledo Blade June 8, 2011: "Whitman Rezoning is Denied"

Toledo Blade June 5, 2011: Letter to editor by Judy Frankowski "Whitman issue bad for Bedford"

Toledo Blade May 18, 2011: "Planning commission OKs Whitman zoning request"

Monroe Evening News May 14, 2011: Letter to editor by Pat McElligott "Judge was biased in Whitman case"

Monroe Evening News May 4, 2011: Letter to editor by Gene Stock "Questions on Bedford property remain unanswered"

Monroe Evening News April 26, 2011: "Whitman loses another battle with planning board"

Toledo Blade April 28, 2011: "Whitman land rezoning denied"

Monroe Evening News April 26, 2011: "Whitman rezoning set to be considered by panel Wednesday"

Monroe Evening News April 13, 2011: "Whitman seeks rezoning of 19 acres on Lewis; hearing set for April 27"

Monroe Evening News April 13, 2011: Letter to Editor by Judy Frankowski "Bedford residents, leaders must stand up against rezoning again"

Toledo Blade April 7, 2011: "Whitman eyes zoning change. Auto dealer's plan would open site for large retail development."

 

Documents Concerning the Re-Zoning Request:

1.  Letter from Jon Whitman to the Bedford Township Planning Commission dated April 6, 2011outlining the reasons why the planning commission should approve his re-zoning request.

2.  Documents submitted by Jon Whitman which support his request for the re-zoning.

3.  Letter from Wade Trim on April 7, 2011 concerning the Whitman Ford Rezoning Request.

4.  Materials related to the Whitman Re-zoning request that were given to the Monroe County Planning Commission on May 11, 2011.  The Monroe County Planning Commission voted 8-0 to recommend Jon Whitman’s request for rezoning from C-2 to C-3 to the Bedford Township Board. They went against their planning staff recommendation which recommended denial of the proposed zoning change request.

5.  Transcript of trial testimony given by Walt Wilburn concerning his endorsement that "any of the commercial zoning designations (C-1,C-2, C-3) meet the "local commercial definition" of the Bedford Township Master Plan.  In his past depositions and trial testimony, Mr. Wilburn specifically states that:

a.  He is the chief executive officer of the township. (see #2 above)
b. He is the spokesperson for the township. (see #2 above)
c. He oversees planning for the township. (see #2 above)

6.  Letter from Jon Whitman to the Bedford Township Board May 31, 2011.  He is requesting that this letter be read into the record at the Bedford Township Board Meeting on Tuesday June 7, 2011 when the board acts on his re-zoning request.  Also included with the letter are the supporting documents to support the statements that he made in his letter.

 

 

Judgment January 28, 2011

 

 

 

 

 

Click here to read the complete Order of Judgment by Circuit Judge Joseph A Costello, Jr.
(22 pages)

 

 

 

 

 

 

 

 

Here is the last page of Judge Costello's Judgment:

 

Whitman Ford Request for Re-Zoning December 2, 2008
(According to the Judgment of Judge Costello on January 28, 2011 this map will show how the property is currently zoned)
(Click here to view a printable copy of this zoning map)

 

Click here to view a list of current Bedford Township Zoning Classifications and a brief overview of each classification.

Click here to read an article entitled "Zoning Perceptions" that appeared in the Bedford Now January 9, 2004

 

 

 

 

Whitman Lawsuit Information:

 

 

 

Click here to read the complete Order of Judgment by Circuit Judge Joseph A Costello, Jr. January 28, 2011  (22 pages)

Click here to read a copy of the Register of Actions for Whitman vs Bedford Township

Click here to read a copy of the Whitman Lawsuit.

Click here to read a copy of the response by Bedford Township to the Whitman Lawsuit.

Click here to view the deposition of Jon Whitman taken June 15, 2010 (122 pages).  (A table of contents for topics discussed on each page is listed at the front of the deposition)

Click here to view the deposition of Adam Young, Professional Planner for Wade Trimm taken June 14, 2010 (125 pages).  (A table of contents for topics discussed on each page is listed at the front of the deposition)

Click here to view the deposition of Dennis Jenkins taken December 22, 2009 (159 pages)   (A table of contents for topics discussed on each page is listed at the front of the deposition)

Click here to view the deposition of Walt Wilburn taken December 23, 2009 (135 pages)     (A table of contents for topics discussed on each page is listed at the front of the deposition)

Aerial Photo of Whitman Property at Lewis Avenue & Sterns Road with a map showing the rezoning requested by Jon Whitman in 2008

Click here to view real estate listing of the Whitman Property by Lennex Realty Company (April 2010)

 

 

 

 

Additional Documents Relating to the Whitman Lawsuit:

 

 

 

 

1. Judge Costello’s order requiring Bedford Township and Bedford Watch to turn over documents requested by Whitman Ford relating to the lawsuit.

2. The Bedford Watch bank and financial records from 2002 to 2010 (total donations $10,591.85).

3. IRS documents concerning Bedford Watch.

4. Letter from Monroe County Clerk’s office concerning if Bedford Watch had registered as a Political Action Committee (PAC).

5. Letter written by Joyce Hagen in 2003 to Ford Motor Company concerning Jon Whitman and the Whitman Ford dealership (at the time she wrote the letter she was a Bedford Township Trustee).

6. Comments by James Goebel, Bedford Township Trustee, in 2008 concerning Whitman re-zoning request.

7. Letter to Bedford Township Board from Bedford Watch in 2006 requesting to put a cap on the size of any commercial/retail building in Bedford Township (Building size not to exceed 75,000 square feet). It is followed by a memo dated November 2009 and a letter dated January 2010 written to Dennis Jenkins (Bedford Township Planning Coordinator) from Adam Young (Wade Trim – Bedford Township Planning Consultant) giving his official opinion of not recommending the proposed building dimensions amendment.

8. Letter from Circuit Judge Joseph Costello concerning a letter that was hand-delivered to him by Bedford Township Trustee James Goebel on January 18, 2011.  The letter from Mr. Goebel is also included.

9. Comments by Bedford Township Fire Chief John Bofia as to whether or not the Bedford Township Fire Department is capable of handling additional fire department calls if a Wal-Mart were built in Bedford Township. These comments were made during his 2009 annual report of the fire department at the Bedford Township Board Meeting on April 20, 2010.

10. Letter from Jon Whitman to Walt Wilburn dated October 16, 2006 concerning a need for a code of conduct and ethics for Bedford Township officials.

11. Open Letter from Jon Whitman to Bedford Township residents that was published in the Bedford Now November 29, 2008 concerning his re-zoning request.

11a. An open letter from Bedford Watch to Jon Whitman in response to his paid advertisement in Bedford Now on November 29, 2008:

12. Open Letter from Jon Whitman to Bedford Township residents that was published in the Bedford Now April 18, 2009 concerning his lawsuit against Bedford Township.

13.  Click here to view a copy of the Bedford Township Master Plan adopted in June 19, 2002 & the Master Plan Map Revised and Adopted October 22, 2003.

14. Click here to read the summary and conclusions of the Traffic Impact Study by the Mannik & Smith Group, Inc. completed in June 2006. The purpose of this study is to evaluate traffic impacts that would result from the proposed retail development in Bedford Township, Michigan. The proposed commercial development is located at the northwest corner of the intersection of Sterns Road and Lewis Avenue.

15. Click here to read the Downtown Temperance Economic Development Study completed in July 2003 at the request of the Bedford Township EDC. Please note on page 12 of the report are the survey results of the needs of Temperance residents and the frequency of shopping. After a grocery store and bank the next highest weekly need was for a discount store. On page 15 of the report is a summary statement from the consultants about where discount stores should be located in order to meet the stated needs of the Temperance residents.

16.  Click here to read part of the transcript of the Bedford Township Board Meeting on December 2, 2008. This was the public hearing regarding the Whitman Ford Rezoning Request. Many residents have asked how Judge Costello could rule in favor of Whitman Ford concerning Parcel #6. The judge stated in his opinion “For the same foregoing reasons that the denial of the reclassification of Lot 6 was improper, and that the referendum action cannot stand, this Court is compelled to find the governmental action (by the Bedford Township Board) to be arbitrary and capricious.” The comments made by various board members during their discussions in this transcript will give residents an idea why the judge may have deemed their actions that evening to be “arbitrary and capricious”.

17. “Whitman Rules”: from Jon Whitman. These are a list of actions and votes Bedford Township elected officials and planning commission members have knowingly and deliberately taken against the Whitman family on the land that no other land owner in Bedford has ever had happen to them. These are unique to Whitman land only.

18.  Letter by Michelle Bork concerning her experience while serving on the Bedford Township Master Plan Committee. This letter was read at the Bedford Township Planning Commission meeting on April 27, 2011 during the public hearing concerning the re-zoning of the Whitman Property.

19.  Order of Judgment from Joseph A. Costello, Jr. in first Whitman Lawsuit: February 2, 2007  (44 pages)

20. Open letter to the Bedford Community from the Whitman Family published in the Bedford Now October 8, 2011.

21. Open letter to the Bedford Community from the Whitman Family published in the Bedford Now October 15, 2011.

 

 

Information Concerning the cost of both Whitman Lawsuits incurred by Bedford Township:

Below are messages from Danielle Portteus, a reporter for the Monroe Evening News, posted on the Bedford Now Chatter Forum on Tuesday February 1, 2011. These posts concern the cost to Bedford Township for both Whitman Lawsuits.

(#1) Hi readers. (Reply #148 on: Monday February 1, 2011 at 12:03:33 PM)

I have a few pieces of information to help clear up some questions. I just finished talking with Walt. The township has 21 days to file an appeal of the decision. Mr. Wilburn said the board of trustees will be advised by the township’s attorney and the discussion of an appeal will take place during a future board meeting.

In the last trial, the township spent $113,000, but Mr. Wilburn does not have the final figures of the cost of the most recent trial. He anticipates to have the total cost in the coming days. As soon as I get the details on the cost of the current trial, I will pass the information along.

(#2) I have a few numbers from the most recent suit. (Reply #152 on: Monday February 1, 2011 at 01:07:54 PM)

The attorney has received $37,000. Deposition and expert witnesses cost $20,000.  Additional costs are not finalized, but are estimated to cost between $5,000 and $10,000.  Bringing the cost to close to $70,000.

Mr. Wilburn said he expects the cost between the two suits to cost $190,000. The money is paid through the township's general fund.

 

 

Information from Bedford Watch & The Citizens to Preserve Bedford Committee

 

 

Click here to view Bedford Watch Web Site.

Click here to view information concerning The Citizens to Preserve Bedford Committee (info submitted by Keith Godfrey)

 

Financial Records for Bedford Watch and The Citizens to Preserve Bedford Committee

1. Click here to read the answers from Dennis Rabb, Cheri Rabb and Kevin Tracy for disclosure of information concerning Bedford Watch and Citizens to Preserve Bedford Committee as they related to the Whitman Ford lawsuit.

2. Judge Costello’s order requiring Bedford Township and Bedford Watch to turn over documents requested by Whitman Ford relating to the lawsuit.

3. The Bedford Watch bank and financial records from 2002 to 2010 (total donations $10,591.85).

4. IRS documents concerning Bedford Watch.

5. Letter from Monroe County Clerk’s office concerning if Bedford Watch had registered as a Political Action Committee (PAC).

 

Did Bedford Watch Use "Scare Tactics" to get the Referendum Passed?

Listed below are the documents that were used to support the allegation by Whitman Ford that the Bedford Watch group used a long time pattern of “Scare Tactics” and attacks against Whitman Ford and the Whitman Family. The main allegation is that they used attacks and “Scare Tactics” in their campaign to get the referendum passed. Please note that “Bedford Watch” and “The Citizens to Preserve Bedford Committee” are one in the same. (Click on any of the items highlighted to read the document)

1. Web site used by Bedford Watch in 2002. “Stop Walmart on Sterns” "Don't Buy from Whitman Ford"

2. Toledo Blade 2002 newspaper article “Meeting draws 100 who are for, against Bedford Wal-Mart”

3. Hand-out from Bedford Watch in fall of 2008 with statements as to why citizens should be against the re-zoning request by Whitman Ford.

4. Form given by members of Bedford Watch to Bedford Township residents requesting that that they complete the form and return it to them. By completing and signing the form the person was requesting that the township board reject the rezoning request by Whitman Ford. (Dated September 6, 2008)

5. Flyer passed out by members of Bedford Watch in November 2008 concerning Township Board Meeting on December 2, 2008

6. Newspaper advertisement by Bedford Watch in the November 15, 2008 edition of the Bedford Now concerning the Bedford Township Board Meeting on December 2, 2008.

7. Pages from Bedford Watch web site January 2009 listing how various Bedford Township board members voted on the rezoning on December 2, 2008. There are also comments on “what a big box store will do to our community”.

8. Memo from Sweetened Company to citizens concerning the Whitman re-zoning request.

9. Hand-out from “Citizens to Preserve Bedford Committee” listing the reasons “Why vote “No” to Rezoning on May 5 th”

10. Letter sent out to the members of the UFCW876 on April 27, 2009 concerning the referendum vote which was endorsed by Bedford Watch.

11. Bedford Now Letters to editor August 2009 from Frank Knoll “Slandering Family Hurts Community” and Judy Frankowski “Settle Rezoning Issue Once and for All”

12. Bedford Now April 2010 Letter to editor by Judy Frankowski “Majority (of voters) rejected zoning”

 

 

Newspaper Articles and Letters to Editor concerning Whitman Lawsuit and Related Issues

 

 

 

Bedford Now November 12, 2011: Letters to the editor by Frank Knoll "Township is worse off for Jon Whitman's departure" and Pat Karmol "Leave the Whitmans be, already!

Bedford Now November 5, 2011: Letter to editor by Jim Goebel "Sins of the son shouldn't be attributed to entire Whitman family"

Bedford Now November 5, 2011: Letters to editor by Sue Bomyea "Whitman family doesn't deserve public excoriation" and by Keith Holmes "Whitman family has done a lot of good for community over years"

Bedford Now November 5, 2011: Letter to editor by Stephen Olson "Bedford Watch seeks to deny property rights"

Bedford Now October 22, 2011: Letter to editor by Ernest Ryan "Sooner Whitman leave the better for township"

Bedford Now April 23, 2011: Letter to Editor by David Warner "Township should look to Ottawa Hills for model"

Monroe Evening News April 19, 2011: Editorial "Dealership closing a blow to Bedford"

Toledo Blade April 19, 2011: Letter to Editor by Shirley Konoff "Whitman Ford closing a shame"

Monroe Evening News April 14, 2011: "Whitman Ford to close this month"

WNWO TV-24 April 14, 2011: "Zoning dispute forces Whitman Ford to end 50 year run in Bedford Twp."

WTOL TV-11 April 13, 2011: "Whitman Ford to close at end of April"

WTVG TV-13 April 13, 2011: "Whitman Ford on Lewis Avenue closing up shop"

WUPW FOX Toledo-36  April 13, 2011: "Whitman Ford dealership closing"

Toledo Blade April 13, 2011: "Whitman Ford closing at the end of April"

Monroe Evening News April 13, 2011: Letter to Editor by Judy Frankowski "Bedford residents, leaders must stand up against rezoning again"

Toledo Blade April 7, 2011: "Whitman eyes zoning change. Auto dealer's plan would open site for large retail development."

Monroe Evening News April 5, 2011: Legal Notice: Notice of Public Hearing for re-zoning request by Whitman Ford.

Bedford Now March 26, 2011: Letter to Editor by Mike Beck "Smart growth should be township's goal"

Bedford Now March 19, 2011: Letter to Editor by Michelle Bork "Let's envision a hometown "upgrade" and Ken Konoff "More threats to community".

Bedford Now March 5, 2011: Letter to Editor by Scott Haman "Whitman ruling: Money trumps popular vote"

Bedford Now February 26, 2011: Letter to Editor by David Warner "Rights of residents near Whitman are in jeopardy"

Monroe Evening News February 21, 2011: Editorial "Repairing the damage in Bedford Community"

Monroe Evening News February 16, 2011: Bedford decides against Whitman appeal

Toledo Blade February 16, 2011:  Bedford Township will not appeal decision on rezoning lawsuit

Monroe Evening News February 15, 2011: Bedford to discuss possible appeal in Whitman case

Toledo Blade February 10, 2011: Letter to Editor by Gene Stock "Bedford, put funds, time to better use".

Toledo Blade Neighbors Section February 9, 2011: Action on Whitman suit set for Tuesday. Closed-door session expected on whether to keep up rezoning battle.

Monroe Evening News February 9, 2011: Letter to Editor by Gene Stock "Bedford should end Whitman court fight".

Toledo Blade February 1, 2011: Bedford yet to mull appeal on ruling in Whitman rezoning.

Monroe Evening News January 31, 2011: Bedford may appeal Whitman zoning case.

Toledo Blade January 30, 2011: 2009 zoning referendum overturned. Judge upholds Whitman in Bedford Township case.

Monroe Evening News January 30, 2011: Judge rules in favor of Whitman in lawsuit.

Toledo Blade January 14, 2011: Decision on Bedford Twp. rezoning may come in 2 weeks.

Monroe Evening News January 13, 2011: Motion to dismiss Whitman suit denied.

Toledo Blade January 13, 2011:Whitman rezone trial may wrap up Thursday. Bedford Twp. planner's testimony conflicts. 

Toledo Blade January 12, 2011: Bedford Township group used scare tactics to zoning referendum, official testifies.

Monroe Evening News January 11, 2011: Whitman contends he was treated differently by board

Toledo Blade January 11, 2011: Whitman rezoning trial begins in Monroe County. Rejection of commercial status challenged

Monroe Evening News January 10, 2011: Whitman trial underway

Monroe Evening News January 8, 2011: Whitman, Bedford saga returns to court

Bedford Now April 17, 2010: Letter to Editor by Judy Frankowski "Majority (of voters) rejected zoning"

Bedford Now March 20, 2010: Letter to Editor by Rich Schneider "Bedford Watch Has Narrow Interests"

Bedford Now March 20, 2010: Letter to Editor by Ernest Ryan "Group Isn't Alone In Big-Box Dread"

Bedford Now March 6, 2010: Letter to Editor by Sue Chesney  "Bedford Watch Isn't Sole Voice Of Township"

Monroe Evening News February 10, 2010: Letter to Editor by Judy Frankowski "Bedford Planners Ignoring People's Will"

Bedford Now January 23, 2010: "Planning board rejects constrictions in zoning code"

Toledo Blade May 11, 2009: Letter to Editor by  Keith Godfrey "Bedford Vote Was About Land Use"

Toledo Blade May 6, 2009: "Bedford voters kill rezoning of parcel for big-box store"

Bedford Now April 2009 : Letter to Editor by Paul Francis "Rezoning Issue Tangled in Big-Box Fears"

Toledo Blade: "Officials Propose Zoning Change on Whitman Land"   (Administrative Re-Zoning by Bedford Township Board)

Monroe Evening News December 3, 2008: "Bedford Rezones Five of Six Parcels at Sterns-Lewis"

Click here to view map showing the re-zoning that was approved by the Bedford Township Board on December 2, 2008

Click here to view map showing re-zoning request by Whitman Ford in December of 2008

Click here to view real estate listing of the Whitman Property by Lennex Realty Company (April 2010)

 

 

Internet Web Sites, Blogs, Chatter, Forums and Discussion Boards

The following is a list if Internet web sites where there are discussion boards concerning The Whitman Lawsuit and related topics:

The Bedford Now Chatter list of current discussion topics:

1. Whitman Lawsuit Information
2. Bedford Watch Letter To Editor in 2/19 BN Issue
3. Open Letter to James Goebel
4. It's Time To Bring Walmart To Temperance
5. Recall

6. Bedford Township Financial Info Now Available

 

To view the discussion of the topics listed above follow these steps:

1. Click on the link for the Bedford Now Chatter (click on graphic or words "The Bedford Now Chatter" listed above).
2. When the home page opens click on the "forum" tab at the top of the page.
3. When the next page opens just click on the title of topic that you would like to view under the "Subject" section (for example "Whitman Lawsuit Information").

 

Monroe Talks list of current topics:

1. Bedford May Appeal Whitman Zoning Case
2. Judge Rules In Favor Of Whitman In Lawsuit

 

 

 

Video of meetings relating to the Whitman Lawsuit

Please Note: 

If the videos below do not work, we apologize but it may be due to the fact that the company we were using for video hosting (Motionbox) is no longer in business and they transferred our videos to Snapfish. If you have a Snapfish account you will be able to view all of the videos below. We are currently checking with other video hosting providers. As soon as we have secured another provider, we will be updating the video links that are listed.

Instructions for viewing videos on Snapfish

1. Click on the link below for the video you would like to view.
2. On the next page that opens click on “Click here to go to Snapfish”
3. On the Snapfish home page go to the top left hand side and click on “Photos & Videos”
4. On the next page select the video you would like to view. If you want to view a Bedford Township Meeting, click on “Bedford Township Meetings”

Please also note that you may need to register with Snapfish to view the videos.  It is free to register and it is a very safe way to share photos and videos.

 

Please note that residents can view all of the videos listed below along with Bedford Township Board, Planning and Zoning meetings for 2007, 2008, 2009 and 2010 in the Reference Room at the Bedford Branch of the Monroe County Library.  Agenda and Minutes of all Bedford Township meetings are also posted on the Bedford Township web site.   Click here for current agendas and minutes.   To view video of meetings on this page, just go to the meetings listed below and click on the words that say "Watch Video of Meeting". 

 

Bedford Township Board Meeting:February 15, 2011
On the advice of their attorney, the Bedford Township Board voted unanimously tonight to not appeal the Whitman Ford lawsuit judgment. Click here to Watch a Video of the Meeting.

 

Bedford Township Board Meeting:February 1, 2011
Discussion of the possible appeal of the Whitman Lawsuit by board members.  Public comment at both beginning and end meeting concerning the appeal and other issues relating to the Whitman Lawsuit.

Click here to Watch Video of Meeting  (please note that the township is still having trouble with their audio system,which may require you to turn up your volume to the maximum.) (Please also see note at the top of this section concerning viewing videos on Snapfish)

Bedford Township Planning Meeting: January 13, 2010
Request from Bedford Watch LLC to amend the zoning ordinance to include size limitations on all Commercial and Office Buildings. Request denied.
Click here to Watch Video of Meeting

Bedford Township Board Meeting December 2, 2008: Part 1 of 2 videos concerning the re- zoning of the 6 parcels on the Whitman property.
Click here to Watch Video of Part I of this meeting

Bedford Township Board Meeting December 2, 2008: Part 2 of 2 videos concerning the re- zoning of the 6 parcels on the Whitman property.
Click here to Watch Video of Part II of this meeting

 

Click here to view video of other Bedford Township meetings.

 

 

Reasons For Filing Lawsuit

Newspaper Articles and Documents from first Whitman Lawsuit in 2007

Bedford Now February 9, 2007: Whitman says ruling will hurt Bedford Township

Monroe Evening News February 2, 2007: Whitman loses suit against Bedford

Bedford Now January 23, 2010: Planning board rejects constrictions in zoning code.

 

 

Other Bedford Township Lawsuits and Miscellaneous Information

Other Lawsuits:

 

Click here to read the open letter written on July 14, 2012 by Jon Whitman concerning his lawsuit against Bedford Township concerning the tax value on the Whitman Ford Dealership property.

 

 

Bedford Partners vs Bedford Township (2006-2009)

 

 

This involved the request by Bedford Partners (Mark Brant) to rezone 80 acres of farmland (Albring property) on Erie Road between Lewis Avenue and Crabb Road in order to build a 450 home development on a total of 160 acres of land.

Documents:

1.  Michigan Court of Appeals Decision concerning Bedford Township appeal of Judge Labeau's decision September 8, 2009

2. Judgment& Order by Judge Michael W. Labeau, Circuit Court Judge April 30, 2007
a)  Excerpt of trial court's decision. (March 7, 2007)

3.  Planning Analysis Exhibit: Bedford Partners LLC vs. Bedford Township by Birchler Arroyo Assoc. Inc. February 23, 2007 (24 pages)

4.  Plaintiff's Trial Brief February 9, 2007. (28 pages)

5.  Defendant's Trial Brief (Bedford Township) February 15, 2007 (38 pages)

6.  Document on file with Bedford Township concerning the settlement offer submitted by Bedford Partners before the lawsuit started (October 17, 2006).

a) Preliminary Estimate by the Monroe County Road Commission to re-build Erie Road between Lewis Avenue and Crabb Road October 4, 2006

 

Newspaper Articles :

Click here to read a time-line of brief newspaper articles concerning the Bedford Partners re-zoning request.

Monroe Evening News June 18, 2006: "From Farmland to Battleground, Developers, Bedford Township at odds over zoning for Erie Road Property"

Monroe Evening News February 27, 2007: "Master plan under fire in Bedford Partners Trial."

Monroe Evening News February 28, 2007: "Witnesses: Bedford able to withstand subdivision's impact"

Toledo Blade March 1, 2007: "Ruling backs Bedford Development" (trial results)

Monroe Evening News March 1, 2007: "Judge rules against Bedford"

Toledo Blade March 15, 2007: "Subdivision developers to move slowly; Housing slowdown affects Bedford Twp.'s Albring Farms project"

Monroe Evening News Editorial June 9, 2007: "Bedford is risking too much with appeal"

 

Other Bedford Township Lawsuits:

Toledo Blade August 7, 2008: Bedford Township wrongful dismissal trial date to be set. Ex-finance director suing the township.

Bedford Township Lawsuits Tally:

 

This section of the web site is being added due to the fact that Bedford Township officials publicly stated at the Bedford Township Board meeting on February 15th that figures quoted in a recent letter-to-the-editor of $300,000 to $500,000 for the estimated cost of the 4 trials matters that Bedford Township was involved in since 2007 (2 Whitman Trials and Bedford Partners trial and appeal) were “inaccurate and untrue”. Click here to view the video of the meeting (the comments by Bedford Township officials are approximately 23 minutes into the meeting). We are certain that if the estimate of costs turns out to be inaccurate and untrue, the author of the letter-to-the-editor will write a letter of retraction and apology to Bedford Township and publish it in the newspapers. Click here to read a copy of the letter-to-the-editor.

 

Listed below is a tally of the amounts spent by Bedford Township on lawsuits since 2007. All amounts have been documented. We would like to invite citizens to send us any documented information that they have concerning any lawsuit that Bedford Township has been involved in since 2007. Please e-mail your information to the Bedford Yes Web Master.

Michael McMillian vs Bedford Township:
We have received information from a citizen concerning a lawsuit in which Bedford Township was named as a defendant in 2008. A Toledo Blade newspaper article dated August 7, 2008 concerning this lawsuit is posted above under "Other Bedford Township Lawsuits". If anyone has any documented information on the result of this lawsuit we would appreciate the up-date. The lawsuit asks the court to compensate the plaintiff for lost wages and benefits and seeks undetermined damages, attorney fees, and legal costs in a judgment against the defendants (Bedford Township). We would like to get a copy of the Order of Judgment in the case or if the case was settled before trial, a copy of the final resolution in this case.

Toledo Blade August 7, 2008: Bedford Township wrongful dismissal trial date to be set. Ex-finance director suing the township.

 

Bedford Partners LLC vs Bedford Township:
We would like to request any documented information concerning the total expenses incurred by Bedford Township in the Bedford Partners trial (Albring farm on Erie Road) and appeal, including damages, attorney fees, and legal costs. A copy of the Order of Judgment from the trial in February of 2007 and the Final Opinion in the Appeal from the Michigan Court of Appeals in September of 2009 along with other documents is posted above under the section "Bedford Partners vs Bedford Township".  Even though no damages were awarded in this case, Bedford Township lost approximately $312,000 in infrastructure improvements offered by Bedford Partners.  Click here to view what Bedford Township turned down from Bedford Partners in exchange to settle the lawsuit.

Here is the tally so far concerning the cost to Bedford Township for lawsuits that we can document:

$190,000 Documented as of February 16, 2011

 

The document information for the above total is listed below:

Whitman Lawsuits (2):

 

“Mr. Wilburn said he expects the two suits to cost the township $190,000. The money is paid through the township’s general fund.” Source: Monroe Evening News February 15, 2011: Bedford to discuss possible appeal in Whitman case

“The board has spent just short of $190,000 in legal fees in the court case to date. Mr. Schockman said.” Source: Monroe Evening News February 16, 2011: Bedford decides against Whitman appeal

 

Bedford Partners LLC Lawsuit:

Even though no damages were awarded in this case, Bedford Township lost approximately $312,000 in infrastructure improvements offered by Bedford Partners.  Click here to view what Bedford Township turned down from Bedford Partners in exchange to settle the lawsuit.