For seeking to improve our property by transitioning from old mobile homes to new, modern, attractive tiny  homes, we are under attack by a city and Code Enforcement Department more reminiscent of Hitler's storm troopers than public servants in a free country.  The City of Searcy, Arkansas and its Code Enforcement Department are conducting their own little war against us in violation of the Constitution and the tenets of American political theory which make this country the greatest in the world ... if they are observed.  The constitutional violations and the malicious prosecutions perpetrated against us are threatening our financial survival and the security of our residents in their homes.  For seeking to improve our property in a way NOBODY has a problem with except the city machine, we find ourselves having to spend thousands and thousands of dollars on defending ourselves against outrageous criminal charges and likely tens of thousands more to stop the oppression by our city in the federal courts.  Click here to view the $42,000,000 federal lawsuit filed August 31, 2016.  We are, therefore, building a GoFundMe campaign to raise money to defend ourselves from the malicious prosecutions and to defend the Constitution of this great country from the shameless encroachments of a city machine bent on oppressing us and subjugating us under the jackboot of its "police power."  In the meantime, here is a brief description of the offenses committed against us and the Constitution by this despotic city machine since we sought to improve our property and the neighborhood around it.  (Get the full history here.)

1.  Because there is a mobile home park on our property, Code Enforcement will not permit the placement of any new structure other than a mobile home on the property, even though the property has never been exclusively a mobile home park and they have permitted site-built single-family homes in the past.  Because our property was a mixed-use development/subdivision when it was annexed, we sought a determination to that effect, but we have been locked out of the process for obtaining such determination in violation of our right to due process.  The city machine's restriction of the use of our property to a mobile home park and denying all other profitable use constitutes a seizure or taking of our property without due process, through arbitrary and capricious actions.

2.  Because we stand up for our rights and for the Constitution, the city machine has engaged in malicious and selective enforcement actions the owners and managers of similar properties with far more serious code issues are not subjected to.  They instituted enforcement action for vegetation growth on the property which pales in comparison to vegetation growth at a mobile home park across town which is not subject to the same enforcement action.  In addition, although Code Enforcement knew full well that we were conducting a demolition/salvage operation on an old mobile home on our property and had informed us that there was no time limit for the demolition/salvage operation, they instituted a malicious enforcement action against us. 17 days after the mobile home had been brought to the ground and while salvaging was still clearly in full swing, Code Enforcement issued a warning ordering us to have the lot cleared in seven days.  They then had us arrested for not having the lot fully cleared.  So, after telling us we could take as long as we needed for the demolition/salvage of this mobile home, which is on a private drive unseen from the nearest city street, they had us arrested for a trumped up violation of the property maintenance ordinance - an ordinance you cannot go to jail for violating.  If a person cannot go to jail for violating the ordinance, what justification is there to cause a custodial arrest?  None!  the simple issuance of a citation is all that could have been called for, but we have so insulted the city machine by having brains, by thinking for ourselves, and by standing up for our rights that they chose the most draconian enforcement mechanism they could think of.

3.  The city machine's refusal to provide us a meaningful opportunity to be heard on the issue of the land being a preexisting mixed-use development/subdivision caused us to think creatively.  They will only allow mobile homes, so let's see what qualifies as a mobile home.  In the Zoning Code, there are two separate and distinct definitions of mobile home, neither of which controls the other.  Under the first definition, a portable building built out as a dwelling unit and delivered complete to the site where it is to be occupied qualifies as a mobile home.  Under the second definition, a dwelling unit constructed in a factory prior to the enactment of the federal standards for mobile homes manufactured in interstate commerce.  Since the City insists it does not regulate mobile homes in any way, including their construction or demolition, we decided to purchase portable buildings, build them out into dwelling units on unused sites on our property, then have them delivered to the sites where they will be rented out.  This apparently angered the city machine, which issued a stop work order, which we ignored.  They ordered us to remove our new units within seven days.  We ignored that, too, because they were hanging their entire case on a twisted definition of mobile home which holds the second definition in the Zoning Code to negate the first one.  Of course, they had us arrested.  You cannot go to jail for violating city ordinances or zoning codes, but, if you anger the city machine, they will damn sure arrest you for it and hold you in jail until you post bail.  We were arrested for not removing our new units which we are constructing into tiny homes in complete compliance with the first definition of mobile home in the Zoning Code.  We were arrested for building without a permit when the City refuses to issue building permits to us.  We were also arrested for not removing two portable buildings which we do not own and have no control over.  This city machine has lost all touch with reasonableness and with our Constitution and has taken a position that it is above the law.  We have to show them that they are wrong!  This is still America!  We fought the Revolutionary War so we would never again have to be subjects to rulers who abuse their power.  This city machine must be taught that our Constitution still means something.

All we are doing is improving our property, yet we have encountered resistance from the start, and the city machine has gone to war with us over it.  If this isn't fascism, we don't know what is.  It has no place in America.  None of the property owners around us have a problem with what we are doing.  Getting rid of the old, dumpy mobile homes and replacing them with nice, new tiny homes is a win for us, for our neighbors, and for the City, yet the City is locked in a mentality of a spoiled brat ruler bent on the draconian enforcement of his dictates.  They are bound and determined that this property will not be improved unless it is on the terms they dictate, and they will twist definitions and ignore the Constitution to keep us in our place - all because we want to improve our property in a way nobody has a problem with - except for the city machine.

NorthRidge Village Legal Fund