Citizens for the Protection of Property Rights

is a neighborhood grassroots organization officially formed in January 1995. We oppose the Erie MetroParks (EMP) Board of Commissioners improper taking of private property and the mishandling of county tax dollars for their Huron River Greenway bike trail project.

CPPR has been caught in a political nightmare

for more than 12 years. Erie MetroParks (EMP), a government entity, has used unconventional courtroom tactics and propaganda to gain control of our private property for a public bike trail.

Early on in the conflict, CPPR sought the legal advice of several attorneys and researched ownership issues in depth with professional title companies before taking action to protect our properties. The history of the land ownership is clear; the evidence was overwhelming that the railroad clearly had no ownership rights to our land, yet EMP paid the railroad $215,600, proclaimed its ownership, and pursued occupation of our back yards and farmland. CPPR assumed the court would surely recognize our rights, acknowledge our compelling evidence, and rule according to the law. In 1999, with deeds in hand and the facts on our side, we decided to stand up to the government.

Our mistake was in thinking that justice would prevail.

With every court appearance, it became obvious that the cards were stacked against us. We had all the facts and the proof; EMP had no evidence. Its only defense was smokescreens and double talk. But per EMP's written request, a hand-picked visiting judge - Judge Joseph Cirigliano - was assigned to all cases between CPPR and EMP. In multiple court hearings, facts and rule of law were distorted or ignored. CPPR's substantial proof, witness testimony, and past court rulings and case law were deemed irrelevant. In addition, Judge Cirigliano drastically altered a long-standing court-recorded legal description which negatively impacted 25 families' land.

In July 2002, Judge Cirigliano's apparent bias in favor of EMP was the topic of a special meeting called by sitting Judge Ann Maschari. Attending were both CPPR's attorneys and EMP's attorneys. After listening to CPPR's attorneys cite testimony to substantiate a three year trail of "questionable bias" and politically motivated actions, she removed Judge Cirigliano from any future CPPR vs. EMP litigation "in the best interest of all parties.

But the damage was already done.

Our volumes of substantiated evidence and truth had been shredded and twisted beyond belief. Even when we received a favorable ruling at the 6th District Court of Appeals in September 2002, our own county officials "covered EMP's back." Erie County Prosecutor Kevin Baxter enforced the appellate decision by "interpreting" it to mean the opposite of what it said. Mr. Baxter's "interpretation" enabled EMP to forcefully take an extra three miles of private land.

What is our driving force?

We fight for principle. CPPR things EMP's Huron River Greenway concept is an unnecessary and frivolous project, located in a desolate area, where it is impractical to maintain in a highly erosion-prone location. But that's not the reason for our opposition.

The tyrannical way EMP has gone about this land acquisition is wrong.

After the fact, EMP realized it had made a big mistake and that it had used poor judgment in giving the railroad $214,600 in tax dollars, and that we - the landowners - have superior interest in the properties. EMP defensively spun an ever-changing cover-up scenario. The EMP Board of Commissioners has spent almost $1 million in Erie County tax dollars trying to rectify the Greenway mess it created. Even now, this government entity apparently has an open pocketbook (our taxes) to fund the cost of "battle." It continues to spend an exorbitant amount of county tax monies to attack private owners.

EMP has woven a tangled web.

It hides behind a political bias that runs through our elected officials and pours over into the courtroom. EMP continues to violate our Constitutional rights, and does not abide by the rule of law. this three-man appointed Board is out of control, acts above the law, and is fiscally irresponsible.

It is very disheartening

to see the principles that inspired our Founding Fathers be ignored and mocked by our elected officials and judges. As American citizens who do not take our freedoms for granted, we must draw the line. We cannot allow this type of government bullying to become acceptable. It is just wrong.

"The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence." John Adams, 1787

What is CPPR? | CPPR Position Statement | History of CPPR | Legal Timeline | Links | How to Help | Contact Us | Home

Site Design by:

Site Contents ©2003,
Citizens for the Protection
of Property Rights.
All rights reserved.

This site is optimized for Microsoft Internet Explorer at 800 x 600 resolution.
This page last updated Thursday January 29, 2004 .