What is YOUR opinion of this "legal" action?

1. Law exempts person using "old" recycleables, such as tires, on their own property. (I use them for windbreaks and fencing, and live in a rural area.)
2. State claims exemption does NOT apply in my case, BECAUSE I have "too many" tires. (I ONLY have between 8-10 thousand at this time.)
3. State brought in by County complaint, when instead of picking up tires at the "land fill" AFTER they collected a disposal fee from the tire shops, I started getting them directly from tire shops; thereby bypassing the landfill and costing them money.
4. The statute makes no mention of HOW much recyclable material a person may have. (I have over 90 acres.)
5. There has NOT been any court hearing on this matter because I can NOT file against the state (governmental immunity statute); and they will NOT start an action in court.

They have NOW sent me a "cease and desist" order FROM THEIR DEPARTMENT, NOT a court.


Are their actions legal or not?

AFTER the County complained to the state, they threatened to remove the tires AT MY EXPENSE.
My response was that I SHOOT thieves.
The county did not pursue the matter, OR make any answer to my response.

I note that this is the SAME jurisdiction that sent my significant other a "jury summons" in order to arrest him for NOT paying a traffic fine in a case that was UNDER APPEAL.
He won the appeal, BUT the "bail" was NEVER returned, having been used to "pay the fine", even though the County LOST the appeal!!

2009-03-14T19:46:45Z

You CAN'T appeal the order, OR ask for a court hearing UNLESS THEY take the matter to court.
ALL you can get is an "informal" discussion, which is NOT legally binding, and which I have already had, BEFORE this order was issued.

Ranger2009-03-14T19:30:58Z

Favorite Answer

My opinion is voicing your concerns will make you feel better, so go for it.

As far as your day in court, that will come when you contest the cease and desist order. You did appeal, right?