We have a case in the courts against the City of
Cleveland and their Cleveland landmarks department. It has
been ongoing sense 1998. Landmarks voted themselves the rights
to control our property on Archwood Ave. It is not up for a
public debate and discussion on the pros and cons of preserving
a private property. The discussion to preserve or not to preserve a private
property is private, by the home owner. Only Public Lands and properties
are in the City of Cleveland's or Landmark department control. Cleveland
Landmarks needs to stop trying to control private property. Ask me about
the lies we have been fed by the City of Cleveland and their Cleveland
Landmarks department.
The Cleveland courts and the Judge presiding over the case have been
prolonging the case in the court !!!! We have been informed that we will
never see the inside of the courtroom. ( They will settle out of court )
If we get heard in the court the game is over for the Landmarks department.
They would have to stop playing the shameless game of denying property
right to the homeowners in the City of Cleveland. I want to make the public
aware of what has been going on in our city. All property owners should be
warned of the control exerted against property owners in the City of Cleveland.
We were constantly told "You people should know when you buy these houses,
you are under our jurisdiction." Last time I reviewed the charter 161 Landmarks
laws it states they are an advisory panel only.
So where do they come off enforcing it as a law??????
Historic Districts Are Legal — Right?
Legal, yes—but are they lawful? There is a difference.
Americans, who want to truly preserve their freedoms, culture,
heritage, and their history, need to learn the difference in
meaning between “legal” and “lawful”. Private property rights...,
the right of due process, and the protection against
involuntary servitude (all violated by most Historic District
Ordinances) are examples of lawful rights protected by our
Constitution.
Statutory enactments are legalities. Legislatures enact
thousands of statutes each year, such as the enabling
legislation permitting localities to pass Historic District
Ordinances. Most of us refer to statutes as “laws”, but to the
extent statutory enactments undermine or are contrary to
constitutionally protected rights, they are not law, and should
be defiantly resisted and defeated.
"The general rule is that an unconstitutional statute, though
having the form and name of law, is in reality no law, but is
wholly void, and ineffective for any purpose; since
unconstitutionality dates from the time of its enactment,
and not merely from the date of the decision so branding it...
No one is bound to obey an unconstitutional law, and no courts
are bound to enforce it.
My husband and I have a very long and distinguish history in the United States of America. For instance my husband’s Great Great ...Grandfather Captain George Lemley who served in the American Revolutionary War, pioneer settler of Greene County Pennsylvania. Then there is his Great, Great ....Grandfather Robert Morris who help fund the American Revolutionary War, The Boston Tea party was done by another one of his Ancestors. My Great Great.... Grandfather Captain William Phillip Null served in the American Revolution War ............... My Great, Great.......Grandfather John Adam Roush, all of his children fought for our freedom in the Revolutionary War, and help settle the southern part of Ohio and parts of West Virginia……………the list go on and on................. Let’s talk about real preserving of our freedoms, culture, heritage, and our history in America. Our ancestor would be shocked at the outlandish behavior going on in the City of Cleveland Ohio. The outright denial by the City of Cleveland, their Landmarks Department, and all the special interested parties involved in this shameless scam. Their outlandish display of injustice, done to property owners, and their property rights. Our ancestors would declare WAR on the City of Cleveland. They fought and died for our freedom.................. Study the history of America. This is what our history is all about. Not brick and mortar, but the rich history of our freedom in America.!!!!! When a City does this to property owners they are not just controlling a house, they are controling the finances of the owner. I for one am not willing to let the City of Cleveland or special interested parties control, and tell me how much of my money will be invested in my home. ............. They voted to give Landmarks complete control of the repairs, then just hand us the bill. We were shamelessly subjected to tons of people parading around our house........ ""saying I want this" ...." I want that"....... When we asked them what about what we wanted, we were told...." it did not concern us" The final decision was up to them, we would be notified of their decision!!!!!!!!!!!
Do you call this private property rights. How about you???
One last comment......................... Cleveland City council can nominate a house or district for Federal Landmarks................ But it cannot be made a Federal Landmarks district if homeowners disagree on the home or district being formed. It is null and void if homeowners did not vote on it. The power is with the homeowners, not city council, renters or special interested parties. . It does not give them the right to control the repairs or the appearance of your home. The City of Cleveland is shamefully doing this all on their own !!!!! Home Owners in the City of Cleveland need to remove their properties from Landmark Status!!!
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