No Jury Trial, No Property Rights, No Constitution
By Edward Snook
Investigative Journalist
 Hearings Officer Donald Rubenstein |
Jackson County, Oregon – On November 8, 2011, Curt Chancler appeared at the Jackson County Courthouse with his witnesses, at a hearing wherein he was charged with violating a Jackson County Land Use Ordinance.
Curt and his wife Carolyn had been cited on September 28, 2010, for allowing a non-permitted use to take place on their property, located on Table Rock Road in Jackson County. The non-permitted use cited, was, Curt running “Chancler Transmission” busines on his property.
The following letter (partial letter written on July 22, 2009) below from County Administrator Danny Jordan to Curt Chancler explains the unconstitutional position that Jackson County is taking.
“Charles Bennett, a Planner II, reviewed the issues with your property. It appears our consistent information to you is correct. We do not have any records that you have been operating a commercial business at your address. I understand that you contend that you provided information to Planning at some time in the past that showed you were operating a business on-site. However, Jackson County does not have any records showing such information.
Tidemark indicates that there is a 1952 house on the property. Additionally, Mr. Bennett pulled old maps, and we have a 1973 and 1977 map that show there were two houses and three trailers on the property at those times. The maps show commercial businesses on other properties on the map, but not on your property. These are maps that were done from actual, on-the-ground windshield surveys.
It is my understanding that you have been previously advised as such, but this is what you must do:
You must complete a Type 2 “verification of non-conforming status” application. The fee is $1,190.
1) If you can demonstrate that you began operating prior to September 1973, then you must show that the business was in existence and continuously operated for 10 years prior to the date of the application.
2) If you cannot demonstrate that you began operating the business prior to September 1973, then you must demonstrate when you began operating. Community Development will then determine if, at that time, you could have had the business legally (per the code at that time). If you could, you must show that the business was in existence and continuously operated for 10 years prior to the date of the application. If it wouldn’t have been legal at the time, you will have to demonstrate that the use has not been discontinued or abandoned from the time it was established to today.
 Jackson County Administrator Danny Jordan |
As I discussed with you earlier today, there are many ways to prove existence: copies of phone book pages; bills/invoices; etc. You indicated that you intended to provide affidavits from people/customers, which may be used, in addition to the kind of “harder” evidence as referenced above.
I hope this helps you in your endeavor. I certainly can understand your frustration, and as I stated before, this is a situation that has happened in the past, and others have expressed the same frustration. At this point, I recommend you proceed as I have indicated above. If you desire more detail and/or the application as referenced above, please contact the Community Development department. As always, please feel free to contact me as well, and I will do what I can to assist you.”
Unbelievable! Hearings Officer Rubenstein ruled from the bench that Curt Chancler Transmission had been in operation since 1972 and that Jackson County agrees with him… A corrupted Jackson County Administrative government expects Curt and Carolyn Chancler to pay $1,190.00 and fill out a form, so an unethical and morally bankrupt county can give Curt Chancler their permission to continue working as he has for the past 40 years… It’s all about the county receiving $1,190.00 from each and every landowner who has a business that pre-dates rules and ordinances. The fact is, this is out-right extortion and injustice. And get this; Mr. Chancler has been fixing automatic transmissions for Jackson County government for literally decades. Every business owner, whose business pre-dates 1973, when Oregon adopted its unconstitutional land-use-statutes and is not in the proper “zone,” can be hit at any time by a Jackson County code enforcement officer and ordered to pay the $1,190.00 extortion fee and then have the burden of proving their business existed prior to 1973 or lose their business. Of course the fee is non-refundable…
Donald Rubenstein and His Ridiculous “Kangaroo Court”
Rubenstein made the following statement at the beginning of the hearing: “I serve at the pleasure of the Jackson County Commissioners.” During the “Star Chamber Hearing,” Chancler asked Jackson County Hearings Officer Donald Rubenstein if the hearing was a civil case and Rubenstein said that it was. He also asked Rubenstein if his constitutional rights were in place during the hearing and Rubenstein emphatically stated that they were being upheld. Chancler then stated, “I want a jury trial, pursuant to my rights under the Oregon and US Constitutions – Rubenstein denied his request. Rubenstein then asked Chancler if he had taken the “jury issue” to Circuit Court and Chancler stated, “I don’t have the million dollars it would require. Chancler could have went a little further by informing Rubenstein that our Circuit Courts in America have been major players in the literal conspiracy to do away with jury trials. It is our court’s position that jury trials are “too costly and time-consuming…
Chancler had expected the denial, but he then expected to prove at the hearing that he had been operating his business at its current location for nearly 40 years, that he had “grandfather rights” and he had former customers and friends ready to testify to this fact. Donald Rubenstein, “Lawyer trained,” but not a licensed attorney in the State of Oregon, soon informed Chancler otherwise.
Rubenstein allowed the county to put on their case and then he informed Chancler that he didn’t need to hear from him or his witnesses because Chancler had already made it clear that he was operating the business and had been since 1972. At this juncture, I realized it was all about the $1,190.00 fee, combined with the “permission” of arbitrary administrators and I got up and left the corrupted hearings room, making sure that the corrupt Donald Rubenstein was aware that I was beyond disgusted.
I have been in many land use hearings where “grandfather rights” have always been upheld, meaning that if a person operated their business before Oregon’s totally unconstitutional land use rules became “law,” they were operating legally. I was unaware that Jackson County had stolen this right or better stated, turned the right into an extortion racket.
No Jury Trial
The facts of this case are very clear. Article I, Section 17 of the Oregon Constitution states, “Jury trial in civil cases – In all civil cases the right of Trial by Jury shall remain inviolate.”
The 7th Amendment of our Bill of Rights contained in the US Constitution states: “Trial by Jury in Civil Cases – In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”
Fact: Hearings Officer Donald Rubenstein blatantly lied when he informed Chancler that his constitutional rights were being upheld during the hearing. He either has no idea of what the Constitution(s) say or mean, or he is simply a corrupt and abusive individual, void of a conscience. In a just society, Rubenstein would be charged with a crime for stealing rights from the Chanclers and for attempted extortion.
Fact: Code Enforcement Officer Jason Zanni, who originally cited Chancler, violated Chancler’s constitutional rights and is assisting Jackson County government as they attempt to steal from Curt and Carolyn Chancler. If we had “just” government today, Zani would be charged with a crime for his conduct.
Fact: Jackson County Administrator Danny Jordan, Development Services Director Kelly Madding, Senior Assistant County Counsel Teresa Campbell and each and every one of their fellow county workers who took part in the Chancler wrongful civil case, are all guilty of assisting Jackson County in the theft of the Chanclers’ constitutional rights. In other words, they are thieves and in a “just” society, they would be charged with crimes for their actions.
Fact: Former Jackson County Commissioners, Jack Walker, Dave Gilmore, Sue Kupillas, former County Administrator Sue Slack, former county counsel Douglass McGeary and Circuit Court Administrator Jim Adams all conspired to create the unconstitutional ordinances and rules that created this travesty of justice. They are all guilty of the results; the theft of Curt and Carolyn Chancler’s constitutional rights to both their property and a jury trial when falsely cited on a civil matter. In a country where justice prevails, they would be charged with crimes and sent to trial.
Fact: Current Jackson County Commissioners CW Smith, Don Skundrick and John Rachor are reportedly discussing this issue and looking for a resolution. We will leave them out of this issue and the investigation we are opening for the time-being.
Fact: This is a prime example of why our businesses are either closing down or moving overseas due to our government’s illegal and unconstitutional regulations and out-right theft from hard working Americans who produce for a living.
Conclusion
This writer has studied “jury rights” for over 30 years; however I have never witnessed a more clear-cut example of the reasons for having a jury trial in “all civil cases.” Our founders knew the importance of the jury trial first hand. Many of them had suffered injustice just like Curt and
Carolyn Chancler, at the hands of King George and his minions. Without question or debate, a jury would have quickly found the Chanclers innocent of any violation, once they heard from Chancler’s witnesses and Jackson County’s extortion plot would have failed.
In fact, countless Americans would not be experiencing the severe abuse, damage and government-condoned thefts created by “Administrative Government” on the level they are today if the power of the jury was still in effect.
The jury is our last possible safe-haven from tyranny and if a majority of citizens don’t stand against the current attacks on the jury system by corrupted government immediately, we will all suffer the consequences.
 Jackson County Commissioner C.W. Smith |
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 Jackson County Commissioner Don Skundrick |
The US~Observer demands that current Jackson County Commissioners act immediately on Jackson County, Oregon’s unconstitutional land use ordinances. We demand that they dismiss the current citation against Curt and Carolyn Chancler. We also demand that they inform all county employees to stop violating the vividly clear constitutional rights of all citizens of Jackson County. Commissioners Skundrick, Smith and Rachor each raised their hand and took an oath to uphold and defend the Constitution(s) as they took office. They did not take an oath to allow twisted, thieving county attorneys and administrators to re-define the constitution for them. The Constitution(s) is written in plain English and each of these commissioners can pick up the document and read it just as I can. If they have any difficulty, which they shouldn’t if they graduated from high school, they can go to Webster’s Dictionary and see exactly what each of the following words mean: “Jury trial in civil cases – In all civil cases the right of Trial by Jury shall remain inviolate.” Do what is constitutional and just Commissioners CW Smith, Don Skundrick and John Rachor and it might just be advisable to replace Donald Rubenstein.
I should note that Commissioner John Rachor was present at the Chancler hearing. John witnessed the very same absolute corruption that I did and while I won’t commend him for attending, I will certainly commend him for doing what he took an oath to do…
As for all others indicted in this article, we need the public’s involvement. We would prompt anyone with information about these thieves and their wrongdoing, from childhood to the present, to contact the US~Observer at 541-474-7885 or email us at editor@usobserver.com. Did you know any of these individuals when they were attending middle school, high school or college? Were you married to one of them or did you have a business or social relationship with one of these polished thieves? Be responsible and let us know.
Remember you could become the next target for these corrupted individuals. Most abusive people have been that way for a long time and the only way that positive change is going to occur within Jackson County Government is to expose and get rid of the abusers.
If any of those I have written about want to deny my factual allegations, I would suggest that they simply file a lawsuit against me for libel. I will gladly pay their filing fee and we can enjoy the exposure that a jury trial will provide – I would recommend they act immediately, because there is a one-year statute of limitations on libel and we would want to get the case going before the corrupted thieves in our judicial system and legislature steal this right like they have so many others…
In all honesty, I assure my readership that I won’t lose much sleep waiting to be served a lawsuit, as I am positive that none of these despicable “public servants” want to take the chance of having to go through a jury trial each and every time they attempt to steal from their employers!
Editor’s Note: Donald Rubenstein is reported to be a founder of the Land Trust Exchange, now the Land Trust Alliance. He also reportedly helped found the Marin Agricultural Land Trust and served as the Western Regional Counsel for the Nature Conservancy.
Oregon State Bar Association Alert
The Oregon State Bar Association should look into Donald Rubenstein’s practice of law without a license. It sure appears that he is practicing without a license to this writer and he most certainly gave “legal advice” and in fact made “legal” conclusions during the Chancler hearing.
