<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	
	xmlns:georss="http://www.georss.org/georss"
	xmlns:geo="http://www.w3.org/2003/01/geo/wgs84_pos#"
	
	>
<channel>
	<title>
	Comments on: January 8 roundup	</title>
	<atom:link href="https://www.overlawyered.com/2020/01/january-8-roundup-3/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2020/01/january-8-roundup-3/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Fri, 10 Jan 2020 13:26:26 +0000</lastBuildDate>
	<sy:updatePeriod>
	hourly	</sy:updatePeriod>
	<sy:updateFrequency>
	1	</sy:updateFrequency>
	
	<item>
		<title>
		By: SPO		</title>
		<link>https://www.overlawyered.com/2020/01/january-8-roundup-3/comment-page-1/#comment-357361</link>

		<dc:creator><![CDATA[SPO]]></dc:creator>
		<pubDate>Fri, 10 Jan 2020 13:26:26 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73824#comment-357361</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2020/01/january-8-roundup-3/comment-page-1/#comment-357355&quot;&gt;Douglas2/Unknown&lt;/a&gt;.

The question is--can people poop in their own backyard.  I think that depends on where the property is and how big the property is.  Outhouses are as old as the republic.  I am inclined to say that it&#039;s an inherent right in a rural setting.

Rabbits and deer poop in my yard constantly.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2020/01/january-8-roundup-3/comment-page-1/#comment-357355">Douglas2/Unknown</a>.</p>
<p>The question is&#8211;can people poop in their own backyard.  I think that depends on where the property is and how big the property is.  Outhouses are as old as the republic.  I am inclined to say that it&#8217;s an inherent right in a rural setting.</p>
<p>Rabbits and deer poop in my yard constantly.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Douglas2/Unknown		</title>
		<link>https://www.overlawyered.com/2020/01/january-8-roundup-3/comment-page-1/#comment-357355</link>

		<dc:creator><![CDATA[Douglas2/Unknown]]></dc:creator>
		<pubDate>Fri, 10 Jan 2020 00:56:01 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73824#comment-357355</guid>

					<description><![CDATA[The county has a response here:

https://www.wlen.com/2019/12/23/lenawee-co-health-department-issues-statement-on-environmental-health-code-battle/

That claims outhouses in principle are fine and are used in their own parks, it is just how the stuff cleaned out of the holes is disposed of that&#039;s the issue.

Also says that initial investigation is in response to a complaint about surface dumping of sewage.

I&#039;m not particularly convinced, as this seems a CYA move that does not agree with fairly credible press reports about what the town has been demanding of the homeowners.

Current county sewer laws have a date of 2013, at first glance they require any toilet to be connected to an approved septic system, and all septic systems to have county approval via their permitting process, and has stuff about penalties such as condemnation for homes with non-compliant toilet/septic system systems.

(as a side note, the online version of the health code is a scan, so it is not text-searchable, and their Gotham rounded font reminds me of Comic Sans)

Looking at the resolution of court cases in PA, OH, MO, WI and elsewhere in MI, courts seem inclined to say the &quot;state&quot; has a compelling interest in the regulations, so tough luck to the defendant, although most of those are pro-se defense and without expert opinion on the efficacy of unlined-outhouse or outhouse with other disposal in meeting the state&#039;s goals.]]></description>
			<content:encoded><![CDATA[<p>The county has a response here:</p>
<p><a href="https://www.wlen.com/2019/12/23/lenawee-co-health-department-issues-statement-on-environmental-health-code-battle/" rel="nofollow ugc">https://www.wlen.com/2019/12/23/lenawee-co-health-department-issues-statement-on-environmental-health-code-battle/</a></p>
<p>That claims outhouses in principle are fine and are used in their own parks, it is just how the stuff cleaned out of the holes is disposed of that&#8217;s the issue.</p>
<p>Also says that initial investigation is in response to a complaint about surface dumping of sewage.</p>
<p>I&#8217;m not particularly convinced, as this seems a CYA move that does not agree with fairly credible press reports about what the town has been demanding of the homeowners.</p>
<p>Current county sewer laws have a date of 2013, at first glance they require any toilet to be connected to an approved septic system, and all septic systems to have county approval via their permitting process, and has stuff about penalties such as condemnation for homes with non-compliant toilet/septic system systems.</p>
<p>(as a side note, the online version of the health code is a scan, so it is not text-searchable, and their Gotham rounded font reminds me of Comic Sans)</p>
<p>Looking at the resolution of court cases in PA, OH, MO, WI and elsewhere in MI, courts seem inclined to say the &#8220;state&#8221; has a compelling interest in the regulations, so tough luck to the defendant, although most of those are pro-se defense and without expert opinion on the efficacy of unlined-outhouse or outhouse with other disposal in meeting the state&#8217;s goals.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2020/01/january-8-roundup-3/comment-page-1/#comment-357353</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Thu, 09 Jan 2020 13:57:13 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73824#comment-357353</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2020/01/january-8-roundup-3/comment-page-1/#comment-357345&quot;&gt;Canvasback&lt;/a&gt;.

&quot;It might just be a county angle to collect hook-up fees and increase taxable assessed value. &quot;

The county is demanding that they install septic systems.  This involves a holding tank that has to be pumped out, generally by private contractors.  These systems are isolated, they don&#039;t hook up to any kind of government run sewer system.

They aren&#039;t insisting on a municipal/county sewer hookups, so no hookup fees.

And these systems run just fine on well water, so no water utility hookup needed either.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2020/01/january-8-roundup-3/comment-page-1/#comment-357345">Canvasback</a>.</p>
<p>&#8220;It might just be a county angle to collect hook-up fees and increase taxable assessed value. &#8221;</p>
<p>The county is demanding that they install septic systems.  This involves a holding tank that has to be pumped out, generally by private contractors.  These systems are isolated, they don&#8217;t hook up to any kind of government run sewer system.</p>
<p>They aren&#8217;t insisting on a municipal/county sewer hookups, so no hookup fees.</p>
<p>And these systems run just fine on well water, so no water utility hookup needed either.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Canvasback		</title>
		<link>https://www.overlawyered.com/2020/01/january-8-roundup-3/comment-page-1/#comment-357345</link>

		<dc:creator><![CDATA[Canvasback]]></dc:creator>
		<pubDate>Thu, 09 Jan 2020 07:02:31 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73824#comment-357345</guid>

					<description><![CDATA[&quot;The county is threatening to declare their homes uninhabitable because, it says in a lawsuit filed in September, they have refused to comply with its demand that they install flush toilets and a sewage system that can be pumped out.&quot;

The flush toilets demand is silly. A simple outhouse uses no valuable water. It might just be a county angle to collect hook-up fees and increase taxable assessed value. 

Pit toilets do release measureable levels of fecal bacteria and could contaminate shallow aquifers. A lot depends on the porousity of the soil and ground-water saturation. Nice folks I&#039;m sure, but tradition doesn&#039;t trump sanitation, especially for their secular neighbors. It&#039;s a new community (2015) with no history of safe contaminant loads. A good solution is a septic tank with a leach field. No electricity required. But it does require water.]]></description>
			<content:encoded><![CDATA[<p>&#8220;The county is threatening to declare their homes uninhabitable because, it says in a lawsuit filed in September, they have refused to comply with its demand that they install flush toilets and a sewage system that can be pumped out.&#8221;</p>
<p>The flush toilets demand is silly. A simple outhouse uses no valuable water. It might just be a county angle to collect hook-up fees and increase taxable assessed value. </p>
<p>Pit toilets do release measureable levels of fecal bacteria and could contaminate shallow aquifers. A lot depends on the porousity of the soil and ground-water saturation. Nice folks I&#8217;m sure, but tradition doesn&#8217;t trump sanitation, especially for their secular neighbors. It&#8217;s a new community (2015) with no history of safe contaminant loads. A good solution is a septic tank with a leach field. No electricity required. But it does require water.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Jonathan Bailey		</title>
		<link>https://www.overlawyered.com/2020/01/january-8-roundup-3/comment-page-1/#comment-357338</link>

		<dc:creator><![CDATA[Jonathan Bailey]]></dc:creator>
		<pubDate>Wed, 08 Jan 2020 17:18:46 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73824#comment-357338</guid>

					<description><![CDATA[RE: Lenawee County. Who suspects that a developer has his eyes on that land and intends to buy it on the cheap? Why has it become so urgent of a matter that the county is going for condemnation? Something doesn&#039;t smell right about this to me.]]></description>
			<content:encoded><![CDATA[<p>RE: Lenawee County. Who suspects that a developer has his eyes on that land and intends to buy it on the cheap? Why has it become so urgent of a matter that the county is going for condemnation? Something doesn&#8217;t smell right about this to me.</p>
]]></content:encoded>
		
			</item>
	</channel>
</rss>
