Legal Question in Civil Litigation in Michigan

Unfair Litigation

We went to court yesterday on charges of having nuisance dogs. We expected an open and shut judgement dismissing the case.We were confronted with a judge, and a prosecutor, who are acqauintences of the original complaintee. They presented evidence consisting of a petition(which we were not allowed to view), with 10 signatures on it attesting to the fact that our dogs are a problem. We have a petition with 22 signatures stating otherwise.I know at least 3 of the 10 were on both petitions. They found for the prosecution, and ordered us to get rid of our dogs within 10 days.they are a part of our family. I need to know what options are available to me, as we are on a fixed income. I know that if we had legal counsel in the courtroom with us, it would have turned out differently. We were not given a fair trial, with both the judge, and prosecutor being friends with the person who made the complaint. Is there any way to stop this? PLEASE help me.


Asked on 1/09/04, 2:01 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: Unfair Litigation

Let me start out by saying that I am a dog lover to an extreme degree. I would definitely move rather than part with my dog. In fact, I would pay anything to help my dog. However, you are in a situation that requires an incredible amount of work. To appeal, you have to have grounds. The bias of the judge may be a valid ground. To win the appeal, someone would have to do a great job and an incredible amount of work. It is expensive because you cannot expect some lawyer to stop his practice and devote himself to your case without some compensation. He or she won't be able to help many people if the lawyer sacrifices himself or herself to aid your cause. Therefore, I have to agree with the other attorney who answered you. In light of your situation, even if you win, you are going to be faced with neighbors who want you out. Therefore, I'd opt to sell the house and move elsewhere. Bill Stern 248-353-9400

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Answered on 1/09/04, 9:17 pm
John C. Talpos Talpos & Arnold

Re: Unfair Litigation

I have received a copy of your posting regarding your dogs. Your only choices now are to abide by the ruling of the Court, hire an attorney and appeal, or move. This is a good example of why people should never go to Court without a lawyer. John C. Talpos (248) 743-6800 (http://www.Mich-Lawyer.com)

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Answered on 1/09/04, 3:42 pm


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