Letters to the Editor 10-08-1998
July 28, 2016 at 4:25 p.m.
By -
- Phil Tom - Back To The Days - Lakeland Thanks
Phil Tom
Editor, Times-Union:Although I rarely respond to news articles, your coverage of Phil Tom's situation has been so inaccurate that I probably should correct the record.
First, I do represent Kosciusko County, but I am in private practice. I represent hundreds of individuals and businesses in the area. However, I have never represented the county regarding Mr. Tom.
Mr. Alley did request my assistance on behalf of Washington Township because he had received complaints about Mr. Tom selling vegetables from the cemetery property. You state "The Township trustee said the stand was on property owned by the cemetery, but that turned out to be untrue." What is your basis for that statement? If Mr. Tom had located his stand on highway right of way in front of someone's house, would you think the homeowner had no right to tell him to move out of his front yard?
I did write Mr. Tom a letter advising him that he was trespassing on Washington Township property, and that Washington Township would file suit if he continued. Obviously, Mr. Tom did continue, and suit was filed. However, the county never tried to shut him down. An emergency restraining order was not requested by Washington Township; he was not enjoined from selling vegetables; the "county cops" did not run him off, and he did not circumvent the judge by giving away vegetables rather than selling them.
Washington Township has simply filed suit claiming the same right as any other landowner to control its property. If Mr. Tom has any legal right to operate his business on property he does not own, he is certainly entitled to his day in court. Now is the time to present his argument to the court.
Finally, what does any of this have to do with the "collapsed building in downtown Pierceton?" It is my understanding, in fact, that the town of Pierceton is well on its way to remedying the problem, but Washington Township has neither the authority nor the responsibility to address that issue.
Incidentally, I do not disagree with your observation that Mr. Tom is a nice enough guy - trying to make a couple bucks selling veggies. And I think you know I have always supported entrepreneurs, so I sincerely wish him the best of luck in his business. My client would simply prefer that he operate his business from a location other than the Township cemetery.
Michael L. Miner, Warsaw
Note: Miner is correct when he notes that Tom was not enjoined from selling vegetables. Our original story noted that an injunction was issued. That was incorrect. A complaint for temporary and permanent injunction against Tom was filed in Kosciusko Circuit Court on Sept. 17. The judge has not yet ruled on the complaint, however, and no injunction has been issued. This was our error and Miner's letter serves as our correction. The error was repeated in my News Views column of Oct. 3. The basis for our statement that Tom was not on cemetery property came from a map that Tom secured at the county recorder's office. The map showed clearly that Tom had set up his stand on the state highway right-of-way, not on cemetery property. In fact, the area was staked off at the site. An entry on the Kosciusko County police radio log stated "remove Phil Tom" from the intersection of Ind. 13 and Old Road 30. Our coverage never stated that the county tried to shut him down. Our coverage never stated that an emergency restraining order was requested. The issue of the building in downtown Pierceton was raised by the author of a letter to the editor, not the Times -Union.
Gary Gerard, Managing Editor
Back To The Days
Editor, Times-Union:On behalf of the Steering Committee for the eighth annual Back to the Days of Kosciuszko, and Kosciusko Community Senior Services, many thanks goes out to the volunteers, festival participants, local businesses who lent their support, and festival attendees for a successful festival. Also special thanks should go to photographer Dave King, who provided the Committee with the wonderful photograph that graced this year's poster which received such praise. The Committee would also like to express its appreciation to the hundreds of area Fourth Graders who participated in the essay contest and who attended the outing to the site on Friday. I am also sure that the Fourth Graders join with our Committee in thanking the sponsors of the pizza party to recognize the essay contest winners. Finally, my co-chair and Kosciusko Community Senior Services join me in expressing the community's deepest thanks to my fellow Committee members who have literally donated thousands of hours of work in bringing this event together. All of the Committee members and volunteers are unpaid, as are the hundreds of reenactors who participate in the many presentations given during the event. The selfless commitment of the reenactors to their hobby and of our Committee and volunteers to Kosciusko Community Senior Services allows us to donate every penny that is brought in through the gate receipts to Kosciusko Community Senior Services.
Joanne M. Kolbe, Warsaw
Lakeland Thanks
Editor, Times-Union:On behalf of the Lakeland Christian Academy - Parent Teacher Fellowship, we extend our thanks to those community businesses and the public who supported our 23rd annual Jonah Style Fish Fry. We also thank all LCA families, LCA students and LCA faculty and staff who made the fish fry so successful.
Ed and Jean Teune, LCA-PTF co-presidents
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- Phil Tom - Back To The Days - Lakeland Thanks
Phil Tom
Editor, Times-Union:Although I rarely respond to news articles, your coverage of Phil Tom's situation has been so inaccurate that I probably should correct the record.
First, I do represent Kosciusko County, but I am in private practice. I represent hundreds of individuals and businesses in the area. However, I have never represented the county regarding Mr. Tom.
Mr. Alley did request my assistance on behalf of Washington Township because he had received complaints about Mr. Tom selling vegetables from the cemetery property. You state "The Township trustee said the stand was on property owned by the cemetery, but that turned out to be untrue." What is your basis for that statement? If Mr. Tom had located his stand on highway right of way in front of someone's house, would you think the homeowner had no right to tell him to move out of his front yard?
I did write Mr. Tom a letter advising him that he was trespassing on Washington Township property, and that Washington Township would file suit if he continued. Obviously, Mr. Tom did continue, and suit was filed. However, the county never tried to shut him down. An emergency restraining order was not requested by Washington Township; he was not enjoined from selling vegetables; the "county cops" did not run him off, and he did not circumvent the judge by giving away vegetables rather than selling them.
Washington Township has simply filed suit claiming the same right as any other landowner to control its property. If Mr. Tom has any legal right to operate his business on property he does not own, he is certainly entitled to his day in court. Now is the time to present his argument to the court.
Finally, what does any of this have to do with the "collapsed building in downtown Pierceton?" It is my understanding, in fact, that the town of Pierceton is well on its way to remedying the problem, but Washington Township has neither the authority nor the responsibility to address that issue.
Incidentally, I do not disagree with your observation that Mr. Tom is a nice enough guy - trying to make a couple bucks selling veggies. And I think you know I have always supported entrepreneurs, so I sincerely wish him the best of luck in his business. My client would simply prefer that he operate his business from a location other than the Township cemetery.
Michael L. Miner, Warsaw
Note: Miner is correct when he notes that Tom was not enjoined from selling vegetables. Our original story noted that an injunction was issued. That was incorrect. A complaint for temporary and permanent injunction against Tom was filed in Kosciusko Circuit Court on Sept. 17. The judge has not yet ruled on the complaint, however, and no injunction has been issued. This was our error and Miner's letter serves as our correction. The error was repeated in my News Views column of Oct. 3. The basis for our statement that Tom was not on cemetery property came from a map that Tom secured at the county recorder's office. The map showed clearly that Tom had set up his stand on the state highway right-of-way, not on cemetery property. In fact, the area was staked off at the site. An entry on the Kosciusko County police radio log stated "remove Phil Tom" from the intersection of Ind. 13 and Old Road 30. Our coverage never stated that the county tried to shut him down. Our coverage never stated that an emergency restraining order was requested. The issue of the building in downtown Pierceton was raised by the author of a letter to the editor, not the Times -Union.
Gary Gerard, Managing Editor
Back To The Days
Editor, Times-Union:On behalf of the Steering Committee for the eighth annual Back to the Days of Kosciuszko, and Kosciusko Community Senior Services, many thanks goes out to the volunteers, festival participants, local businesses who lent their support, and festival attendees for a successful festival. Also special thanks should go to photographer Dave King, who provided the Committee with the wonderful photograph that graced this year's poster which received such praise. The Committee would also like to express its appreciation to the hundreds of area Fourth Graders who participated in the essay contest and who attended the outing to the site on Friday. I am also sure that the Fourth Graders join with our Committee in thanking the sponsors of the pizza party to recognize the essay contest winners. Finally, my co-chair and Kosciusko Community Senior Services join me in expressing the community's deepest thanks to my fellow Committee members who have literally donated thousands of hours of work in bringing this event together. All of the Committee members and volunteers are unpaid, as are the hundreds of reenactors who participate in the many presentations given during the event. The selfless commitment of the reenactors to their hobby and of our Committee and volunteers to Kosciusko Community Senior Services allows us to donate every penny that is brought in through the gate receipts to Kosciusko Community Senior Services.
Joanne M. Kolbe, Warsaw
Lakeland Thanks
Editor, Times-Union:On behalf of the Lakeland Christian Academy - Parent Teacher Fellowship, we extend our thanks to those community businesses and the public who supported our 23rd annual Jonah Style Fish Fry. We also thank all LCA families, LCA students and LCA faculty and staff who made the fish fry so successful.
Ed and Jean Teune, LCA-PTF co-presidents
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