THE BAXTER LETTER

This is a copy of a letter to Kevin Baxter, Erie County Prosecutor from the "Citizens for the Protection of Property Rights," with clarifications of fact in italics.

October 24, 2002
Mr. Kevin Baxter
Erie County Prosecutor
947 Columbus Ave.
Sandusky, OH 44870

Dear Mr. Baxter:

Normally a communication such as this would come from our attorney. We felt it necessary to write directly to you since attorney and EMP board member Kevin Zeiher decided to communicate directly to members of our group rather than our attorneys. I guess he wanted to save us money. We fully expect in the future that all further correspondence will include a copy to our attorney. We expect Mr. Zeiher, as a member of the bar, to obey court rules regarding independent communication to parties involved in litigation.

Kevin Zeiher is a former Park Commissioner and an attorney. He was NOT acting as counsel for Erie MetroParks; that would have been a conflict of interest. The letter signed by commissioner Zeiher was sent to ALL adjacent property owners; whether they were members of CPPR or not.

In 2004, Kevin Zeiher resigned from the Erie MetroParks board to become a candidate for Erie County Common Please Court judge. CPPR formed a "political action committee" and opposed his candidacy. As a result of a complaint by Mr. Zeiher; actions and expenditures by CPPR during this campaign, as well as an earlier Edison Woods levy campaign, were investigated by the Ohio Elections Commission for violations of state election laws.

We feel the following points need to be addressed:

1.) EMP evidently thinks they can construct the Greenway south of Mason Rd. while leaving the Leber property in limbo. Do you have any thoughts on the subject? You have to admit common sense would leave all to believe that this subject must be addressed before construction begins.

Howard Leber obtained a small portion of the corridor adjacent to his property from the railroad/canal trust well before the Greenway project was adopted by Erie MetroParks. It was never involved in this dispute and there was no need to address the issue at that time.

2.) While we cannot speak for all landowners along River Rd. (emphasis is mine) adjacent to the abandoned rail bed, the members of CPPR who have property located there do fully expect that EMP and its contractors will abide by the Appeals Court ruling and not enter onto property that is not covered by the "lease. " Should EMP and/or its contractors fail to recognize the property owners' rights with regard to property not covered by the Merry and Townsend "lease," such property owners will be forced to defend themselves and their property from all such invasions and trespasses.

The Supreme Court of Ohio decision has put into question the extent of the leased lands, it is hoped this will be clarified soon.

In October of 2003; members of CPPR blocked access to the southern end of the Greenway by a construction crew; having invited the media to witness. Three persons were cited by an Erie County Sheriff's deputy for disorderly conduct and were found GUILTY by a visiting judge of misdemeanor disorderly conduct (penalty was $100 fine, suspended, and court costs).

The Greenway was vandalized in April and again early in September of 2003. The first incident was clearly not a random act; it was deliberate and purposeful. A "no trespassing" sign was placed prominently on one of the mounds of soil and ballast. The bulldozer's tracks clearly led to and from an adjoining property. Do they expect us to believe that property owners concerned about bikers and hikers -didn't notice- a bulldozer moving across their own property? These acts are/were under investigation by the Erie County Sheriff's Department.

Acts of vandalism or violence against Erie MetroParks' staff or contractors will now require a law enforcement response; supported by the county prosecutor. A reward of at least $1000 is offered in all incidents of vandalism. Juveniles were convicted of the September 2003 vandalism, through an unidentified citizen's tip, and their damage was repaired.

3.) Since we believe the lease legal description by the Appellate Court can only cover the Merry and Townsend deeds, we believe that the remaining property owners retain the right to control their property. If a court should rule otherwise, we maintain that we retain the right to break the terms of any lease. Under such scenario, please advise us as to who and where such notice should be given of our intent not to honor the lease terms, should a court rule that the land is subject to the lease.

The Supreme Court of Ohio decision has put into question the extent of the leased lands, it is hoped this will be clarified soon.

Your rapid reply will be appreciated.

Sincerely,

(NO SIGNATURE)

Citizens for the Protection of Property Rights, P.O. Box 335, Milan, OH 44846
cc: Judge Beverly McGookey; Sheriff Terry Lyons; Vickie Ruffing
  Auditor Jude Hammond; Milan Twp. Trustees; D. Jeff Rengel;
  Tony Logan; Chuck Pawlukiewicz; Milan Village Council;
  Milan Police Chief J. Ward; Local Media

Notice that no one signed their name to this document.

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