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Seizure violated state constitution

To the editor:

Prosecutor Makinen violated Michigan Constitution in seizing commercial property known as Backroom Multi-Entertainment under civil forfeiture laws. The Supreme Court of the state of Michigan has ruled that requiring property owner to post a bond of 10 percent before the property owner can contest the seizure is unconstitutional. Consequently there was never an opportunity to present 100 proof proof that the life insurance policy of Gerald Jestila purchased this building and not any supposed illegal drug sales.

Consequently in the last four years $320,000 in taxes have not been received by the state of Michigan due to the loss of sales taxes, income taxes, unemployment taxes, property taxes, single business taxes, etc.

Backroom presented the prosecutor a list of 5,800 who were the owners of credit accounts at the Backroom. Backroom paid $80,000 a year to residents for these purchases. Cops seized accounts on them and wiped the hard drive, erasing these account records.

However, both the prosecutor and city of Houghton were informed of previous listing of 5,800 persons and were told that Backroom inventory belonged to these people. At no time have these persons been compensated for their claims.

Over 120,000 books were destroyed and trashed, yielding the biggest book burning in Houghton County history.

A new $16,000 boiler was placed in the property and a mortgage on my real estate. Til this day, I am paying on that $16,000 mortgage loan to pay for the boiler that is in 109 Shelden. Over $300,000 in shelves, cabinets and fixtures were not able to be removed. Not one item sold at Backroom was ever illegal at the time of sale, and laws that changed subsequently cannot be applied to sales that were legal at the time.

In 30 years of business over 3 million customers shopped at Backroom. In the four years since, over 500,000 customers have not had the joy of shopping in downtown Houghton, and a blighted eyesore has resulted, and incompetent building upkeep caused the historic International Order of Odd Fellows roof to collapse last winter.

Michael Jestila

Hancock

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