Extortion in Arkansas - Tax Increase Part 7 - Constitutional Resolution Required to Support Exclusive Original Jurisdiction Against $18 Trash Tax/Service Fee

Circuit Court Has Lack of Exclusive Original Jurisdiction
 

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“All laws which are repugnant to the Constitution are null and void” 
Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803)

Looks like more scandal regarding this illegal and unwarranted trash tax/service fee that is affecting Baxter, Boone, Carroll, Marion, Newton, and Searcy Counties!

Did you know that the Executive Director of Northwest Arkansas Economic Development District (NWAEDD), Joe Willis, is also listed as the Senior Vice President of The Bank of the Ozarks in Marshall (870-448-5228) AND also the President of Hudson Tire & Battery in Harrison, Arkansas? Joe Willis’ wife, Kim Willis, is listed as the Vice President of Hudson Tire & Battery in Harrison. Talk about a fox in the hen house! Looks like the banksters are at work! It appears (and Secure Arkansas truly believes) that we are dealing with a bunch of bullies and/or gangsters in charge of this trash tax/”service fee”! It may be time that the FBI gets involved in investigating this possible conflict of interest. 

Remember, it is the Bank of the Ozarks that is the Trustee for the Bondholder(s). What a coincidence! This appears to be collusion with many of the players/actors involved! (Note: Secure Arkansas called Bank Of The Ozarks in Marshall on April 4, 2018 to simply ask if Joe Willis was the current Senior Vice President of the Bank of The Ozarks in Marshall. The nervous response after being placed on a lengthly hold: John said, “I will have someone get back with you!” Of course, they NEVER DID! So, what were they trying to hide?) 

From what we have found in our investigation, it appears that the Bondholder may be the Bank of the Ozarks. If this is not true, then it is up to the Receiver’s attorney, Geoffrey B. Treece, to tell us who the real Bondholder is. The taxpayers simply cannot afford to let the banksters run our government! The banksters will find a way to tax and to take everything we’ve got!

Who is the real Geoffrey B. Treece?

Geoffrey Treece (on left) at Trash Tax Meeting in Marshall on March 17, 2018

Credit - Harrison Daily Times - James White
“Crowd Wanted Answers, Got Questions”

Notice to Public Officials (Servants): ACTION is required from County Judges, Justices of the Peace (JPs), and County Assessors! The county judges, justices of the peace (JPs), AND the county assessors should persue any and all means to rectify this overreach by the Circuit Court and exempt all taxable people and entities in the affected counties, namely Baxter, Boone, Carroll, Marion, Newton, and Searcy Counties from this unwarranted taxation AND should refer the causative debt upon those who incurred it … not on the people!

Many of the Arkansas Justices of the Peace (JPs) have no idea of their power. JPs, you are in control and have the power to direct the outcome of this resolution, and you DO NOT need the approval of the county judge or some attorney to pass it to get justice for the people you represent. Seems like our Arkansas Justices of the Peace (JPs) do NOT understand what “exclusive original jurisdiction” means!

Remember it was your past AND present county judges and mayors who caused all these problems with the NABORS Landfill. The county judges and mayors were/are members of both Ozark Mountain Solid Waste District andNorthwest Arkansas Economic Development District.

Under the Arkansas Constitution: 

Article 7,  § 28. County courts — Jurisdiction — Single judge holding court.

The County Courts shall have exclusive original jurisdiction in all matters relating to county taxes, roads, bridges, ferries, paupers, bastardy, vagrants, the apprenticeship of minors, the disbursement of money for county purposes, and in every other case that may be necessary to the internal improvement and local concerns of the respective counties. The County Court shall be held by one judge, except in cases otherwise herein provided.

Original Jurisdiction.  Jurisdiction in the first instance; Jurisdiction to take cognizance of a cause at its inception, try it, and pass judgment upon the law and facts. Distinguished from appellate jurisdiction.  Black’s Law Dictionary Revised 4th Edition

The original jurisdiction of a court is the power to hear a case for the first time.

JPs in all affected counties, please don’t be intimidated by some hired or volunteer attorney, County Judge, or the Arkansas Association of Counties (a Non-governmental organization). JPs, you have the power to pass the Resolution opposing the $18 fee. Let’s take the Constitution seriously, do the right thing, and pass the resolution that does the right job for the property owners. It’s entitled  ”A Resolution Expressing Disapproval and Non-Participation Concerning the Solid Waste Assessment on ______ County Property Owners”.

Baxter County is now the fifth quorum court to back a resolution that disapproves and opposes the $18 trash tax/service fee.

The recent Baxter County resolution, along with some of the other county resolutions, are weak, toothless, and do not exercise their original jurisdiction rights under the Arkansas Constitution Article 2, Section 28.

The current Baxter County resolution they passed this week is useless and too watered down! All that the resolution does is: 

1) The Quorum Court strongly agrees with their constituents that said assessed fee is unjust and [Secure Arkansas note: We all agree the trash tax/service fee is unjust so, what is Baxter County Court going to do about this?]

2) The County Judge, or his designated representative, is herby authorized and encouraged to pursue any and all avenues and support all efforts to rectify this over-reach by the circuit court. [Secure Arkansas note: Attention JPs, if you are going to support all efforts and to rectify this over-reach like the current toothless resolution states, then you MUST act together as a county court and take action! Pass the proposed resolution attached. Unless you sponsor the proposed resolution and pass it as a County Court, nothing will change. It is all on the JPs' shoulders operating as a county court to rectify this unconstitutional and unwarranted $18 trash tax/service fee, and not the County Judge or any hired or volunteer attorney to direct your actions.]

The Resolution passed by Newton County is the best! The Newton County Resolution does the following:

1) The Quorum Court strongly agrees with their constituents, that said assessment is not statutorily valid, nor constitutional due to this tax not being enacted as a result of a lawful election and approved by _______ County voters and because of the Constitution of the State of Arkansas, Article 7, Section 28, et al. 

2) The County Judge and the County Assessor are hereby authorized and directed to pursue any and all avenues and support all means to rectify this overreach by the Circuit Court and to exempt all ________ County taxable people or entities from this unwarranted taxation and to refer the causative debt upon those who incurred it.

Taxpayers, start calling your JPs until you get a a committment from them that they will support and vote for the powerful resolution using exclusive original jurisdiction as covered in the Constitution of the State of Arkansas Article 7, § 28. 
A copy of the correct resolution for your county is attached below: (Not just any resolution will do.)

Click here for Baxter County UPDATED Resolution - This is what Baxter County must pass.

Click here for Boone County UPDATED Resolution - This is what Boone County must pass.

Click here for the Carroll County Resolution

Click here for the Marion County Resolution

Click here for the Searcy County Resolution

The bottom line is that this $18 trash tax/service fee is not only unjust, but it is also unconstitutional because of lack of jurisdiction! (Any constitutional attorney can tell you that.) The attorney for Ozark Mountain Solid Waste District, John Verkamp, should have objected, but he agreed with the attorneys of the Arkansas Department of Environmental Quality (ADEQ), Bank Of The Ozarks – Trustee, and Geoffrey Treece – Receiver. 

Circuit Court Judge Tim Fox erred in his unconstitutional ruling and has no immunity from liability when it comes to violating a Constitutional Right. This is the same judge who ruled that six farmers in Arkansas can spray a dangerous controversial chemical weed killer (genetically-engineered Dicamba) made by Monsanto Co and BAFS that was blamed for hurting millions of acres of U.S. crops last year. Remember: this malicious, questionable company, Monsanto, also made Agent Orange (containing the debilitating and dangerous chemical, dioxin, which harms human health) and was also heavily involved in Aspartame, GMOs, Roundup, and the Atom Bomb, etc., which are ALSO dangerous and harmful to human health!

It is time for Judge Tim Fox to retire before his rulings do any more damage to the public!

So far, we’ve been addressing the Arkansas Constitution, and in looking at the U.S. Constitution, here is what we found:

NO ONE IS BOUND TO OBEY AN UNCONSTITUTIONAL LAW AND NO COURTS ARE BOUND TO ENFORCE IT

“The general rule is that a unconstitutional statute, whether Federal or State, though having the form and name of law as in reality no law, but is wholly void and ineffective for any purpose since unconstitutionality dates from the enactment and not merrily from the date of the decision so braining it. An unconstitutional law in legal contemplation is as inoperative as if it never had been passed. Such a statute lives a question that is purports to settle just as it would be had the statute not ever been enacted. No repeal of an enactment is necessary, since an unconstitutional law is void. The general principles follows that it imposes no duty, converse no rights, creates no office, bestows no power of authority on anyone, affords no protection and justifies no acts performed under it. A contract which rests on an unconstitutional statute creates no obligation to be impaired by subsequent legislation. No one is bound to obey an unconstitutional law. No courts are bound to enforce it. Persons convicted and fined under a statute subsequently held unconstitutional may recover the fines paid. A void act cannot be legally inconsistent with a valid one and an unconstitutional law cannot operate to supersede an existing valid law. Indeed, in so far as a statute runs counter to the fundamental law of the land, it is superseded thereby. Since an unconstitutional statute cannot repeal, or in any way effect an existing one, if a repealing statute is unconstitutional, the statute which it attempts to repeal, remains in full force and effect and where a statute in which it attempts to repeal remains in full force and effect and where a clause repealing a prior law is inserted in the act, which act is unconstitutional and void, the provision of the repeal of the prior law will usually fall with it and will not be permitted to operate as repealing such prior law. The general principle stated above applied to the constitution as well as the laws of the several states insofar as they are repugnant to the constitution and laws of the United States.” — 16Am Jur 2d., Sec. 256.

OFFICERS OF THE COURT HAVE NO IMMUNITY FROM LIABILITY WHEN VIOLATING A CONSTITUTIONAL RIGHT

“The right of action created by statute relating to deprivation under color of law, of a right secured by the constitution and the laws of the United States and comes claims which are based solely on statutory violations of Federal Law and applied to the claim that claimants had been deprived of their rights, in some capacity, to which they were entitled.” — Owen v.independence 100 Vol. Supreme Court Reports. 1398:(1982); Main v. Thiboutot 100 Vol. Supreme Court Reports. 2502:(1982).

Title 18 US Code Sec. 241 & Sec. 242 “If upon conviction, you are subject to a $10,000.00 fine, ten years in jail, or both, and if theft results, life in prison.” Title 42 US Code Sec. 1983, Sec. 1985, & Sec. 1986 clearly established the right to sue anyone who violates your constitutional rights. The Constitution guarantees: “He who would unlawfully jeopardize your property loses property to you,”

and that’s what justice is all about. “Judges are deemed to know the law and are sworn to uphold it and can hardly claim that they acted in good faith for willful deformation of a law and certainly cannot pled ignorance of the law, for that would make the law look unintelligent for a knowledgeable judge to claim ignorance of a law, when a Citizen on the street cannot claim ignorance of the law. Therefore, there is no judicial immunity.”

LEGISLATORS CANNOT LICENSE LIBERTY OR RIGHTS

“No state shall convert a liberty into a license, and charge a fee.” — Murdock v. Pennsylvania, 319
U.S. 105.

“If the State converts a right (liberty) into a privilege, the citizen can ignore the license and fee and engage in the right (liberty) with impunity.” — Shuttlesworth v. City of Birmingham, Alabama, 373
U.S. 262.

The hyperlinks below will bring you to each of the trash tax/”service fee” articles so far.

Extortion in Arkansas! Tax Increase – Trash Tax for 6 Counties in Northern Ark.

• Part 1
• Part 2
• Part 3 AND ACTION ITEM
• Part 4 & Landfill “Fee” Protest Meeting
• Part 5
• Part 6

Here is the resolution and JP contact info for Baxter County:

***Click here for Baxter County Resolution***

Baxter County Judge Mickey Pendergrass, 870-425-7756  [email protected]

Baxter County JPs:

• District #1 – Gary Smith, Phone: 870-431-8070
• District #2 – Luci Soltysik, Phone: 870-481-5843
• District #3 – Rick Steiner, Phone: 870-492-7245   [email protected]
• District #4 – Bill Lucas, Phone: 870-425-7809
• District #5 – James Kerr, Jr., Phone: 870-404-4326
• District #6 – Rhonda Tink Albright, Phone: 870-656-4095
• District #7 – Marilyn Williamson, Phone: 870-405-5312
• District #8 – Edna Fusco, Phone: 870-421-6368
• District #9 – Neal Pendergrass, Phone: 870-492-4576
• District #10 – Kevin Litty, Phone: 870-421-0664
• District #11 – Ty Chapman, Phone: 870-499-0380

Here is the resolution and JP contact info for Boone County:

***Boone County UPDATED Resolution*** (BOONE COUNTY NEEDS to pass this stronger Resolution. JPs, this one does have more “teeth” to it. The one they passed does nothing.)

Boone County Judge Robert Hathaway, 870-741-5760, [email protected]

Boone County JPs:

• District #1 Jim L. Milum, 870-741-7532
• District #2 Glenn Redding, 870-754-9305 [email protected]
• District #3 Dan Roberts, 870-743-5916
• District #4 Bryan Snavely, 870-741-1280 or 870-391-1139
• District #5 Fred Woehl Jr., 870-743-4600
• District #6 Bobby Woods, 870-741-2222 or 870-365-5422 (cell), [email protected]
• District #7 Bill Michel, 870-416-1334
• District #8 James D. Harp, 870-365-6069 or 870-365- 0321 (cell)
• District #9 Ralph H. Guynn, 870-741-7177 or 870-365-9600  [email protected]
• District #10 James Widner, 870-741-3363
• District #11 David Thompson, 870-436-5788

We’re also including the specific resolutions for Carroll, Marion, and Searcy Counties and their JP contact info.

Carroll County Quorum Court meets every third Monday at 5:00 p.m. at 210 W. Church Street in Berryville, Arkansas 72616.

***Click here for the Carroll County Resolution***

Carroll County Judge Sam Barr: 870-423-2967

Carroll County JPs:

• District #1 Jack Deaton 479-253-9673  [email protected]
• District #2 Charles (Chuck) Olson, 479-253-0119  [email protected]
• District #3 Lamont Richie, 479-244-7502,  [email protected]
• District #4 Marty Johnson, 870-423-6111,  [email protected]
• District #5 Matt Phillips, 870-480-7151,  [email protected]
• District #6 Craig Hicks, 870-654-7078,  [email protected]
• District #7 Noreen Watson, 870-350-4165,  [email protected]
• District #8 Don McNeely, 870-350-3392,  [email protected]
• District #9 Roger Hall, 870-438-6527,  [email protected]
• District #10 Larry Swofford, 870-423-9340,  [email protected]
• District # 11 John Howerton 870-480-6460  john[email protected]

(Howerton will be sponsoring the resolution.)

Marion County Quorum Court meets the second Tuesday of each month at 6:00 p.m.
at the main courtroom in the Courthouse in Yellville, Arkansas 72687.

***Click here for the Marion County Resolution***

Marion County Judge: Terry C. Ott, 870-449-6231  [email protected]

Marion County JPs:

• District #1 Mike Scrima Phone: 870-431-8363/870-404-9001 [email protected]
• District #2 David Nixon Phone: 870-421-8783 [email protected]
• District #3 Gregg Alexander Phone: 870-453-3700 [email protected]
• District #4 Carl W. McBee Jr. Phone: 870-405-0533 [email protected]
• District #5 Raymond Mayo Phone: 870-656-0734/870-656-0734 [email protected]
• District #6 Brady Madden Phone: 870-449-3000/870-404-6412 [email protected]
• District #7 Wesley Shipman Phone: 870-656-2022 [email protected]
• District #8 Claudia Brigham Phone: 870-449-5434  [email protected]
• District #9 Joyce McCalla Phone: 870-449-4572  [email protected]

Searcy County Quorum Court meets Monday, April 9, 2018 at 7:00 p.m.

200 South Highway 27, Marshall, Arkansas 72650

**Click here for the Searcy County Resolution**

Searcy County Judge, Jim Harness 870-448-3554

Searcy County JPs:

• District #1, Ronald Ragland, 870-448-5467
• District #2, Danny Hiett, 870-496-2210
• District #3, Michelle Manes, home 870-439-2693
• District #4, Nathan Treadwell, home, 870-221-3509 cell,
• District #5 Johnny Horton 870-448-7128
• District #6, Jeff Mays, 870-448-3047 or cell 870-221-1253
• District #7, Ronald Garrison, 870- 448-2986
• District #8, Wesley Smith, 870-504-0390
• District #9, Larry Dye, cell 870-448-7902

Remember, The COURT ERRED!

• Court Order: Pursuant to Ark. Code Ann. § 8-6-714(d) and other applicable law, the Receiver, acting on behalf of the District, shall cause an annual service fee of $18.00 (the “Service Fee”) to be assessed against each residence and business parcel located within the District. Remember that at the hearing, nobody really had an objection: “none of the parties filed an objection or response or voiced an objection to the Report and Recommendations at the hearing”. (Why WOULD they object? We’re guessing that the Ozark Mountain Solid Waste District, ADEQ, Geoffrey B. Treece (the receiver), and Lance R. Miller (appearing by and through Mitchell, Williams, Selig, Gates, & Woodyard P.L.L.C. for Bank of the Ozarks, the trustee of the bondholders) all thought they could get the judge to do their dirty work and force the taxpayer to pay for it!)  BUT if they had read the Arkansas Code FULLY, the court order would NEVER have taken place! It was the responsibility of the judge and the attorneys to fully comprehend the code, and they should’ve caught it. Therefore, this appears to be collusion between ALL parties, and it looks like the taxpayer is the scapegoat being used to fund this money laundering scheme!
• From Item 3, page 2 of the Court Order document:
  “The receiver is hereby further granted the authority to immediately take any and all such action as may be necessary, reasonable, and proper, including without limitations, the evaluation, investigation, prosecution and/or settlement of any claims the District holds against the Northwest Arkansas Development District, arising from or related to its past management of the District.”

• Official Arkansas Code Ann. § 8-6-714(d) The board may levy a service fee on each residence or business for which the board makes solid waste collection or disposal services available.

Is the Ozark Mountain Solid Waste District making solid waste collection or disposal services available? NO!

If NOT, they CANNOT charge this trash tax/service fee AND because of lack of jurisdiction. The taxpayers will NOT be taken advantage of because of this is outrageous ruling! 

Stay aware, stay involved, and stay vigilant… and remember to stay tuned!  Part 8 of this continuing, sad saga is coming soon…

Remember:  eternal vigilance is the price of liberty.

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Securing the blessings of liberty,
 

Secure Arkansas
securetherepublic.com/arkansas
[email protected]

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