Click the Picture to see what the Bible College already Paid for Legal Fees Before its appealing to the State Appeal's Court

Comments

Dick noyes wrote on Feb 14, 2008 4:25 PM:

"Boy! Sometimes things are really really Wrong!!!!!!!!!!"

Comments

Curious wrote on Feb 15, 2008 10:42 AM:

"Seems to me that if they did some praying while they were there or had a bible class or two, it would be OK.

Yep, I would say the county targeted him - but they can use the extra money to help pay for illegal health care."

Comments

Billy Hill wrote on Feb 15, 2008 7:17 PM:

"I can't help but think the County could find better things to spend time and money investigating and prosecuting."

Comments

Believer wrote on Feb 17, 2008 2:14 PM:

"The First Amendment to the U.S. Constitution is arguably the most important part, as it GUARANTEES FREEDOMS OF RELIGION, speech, writing and publishing, peaceful assembly, and the freedom to raise grievances with the Government."

In addition, IT REQUIRES THAT A WALL OF SEPARATION BE MAINTAINED BETWEEN CHURCH AND STATE. It reads -

"CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION, OR PROHIBITING THE FREE EXERCISE THEREOF; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redness of grievances."

Comments

Mark C. wrote on Feb 27, 2008 10:22 AM:

"It seems to me, that the right of people to freely assemble is being infringed upon. This doesn't appear to be a "business" or "for profit" venture, so I don't see what right the county has to prevent people from gathering on private property and pitching in to pay for food and utilities."

MAN WHO HOUSED MINUTEMEN WITHOUT PERMIT LOSES APPEAL

Man who housed Minutemen without permit loses appeal
By Jonathon ShacatHerald/Review
Published on Thursday, February 14, 2008

BISBEE — The Arizona Appeals Court recently affirmed a decision by the Cochise County Board of Supervisors to fine a man who rented housing to the Minutemen Civil Defense Project without a permit in 2005.

Melvin Harter housed up to 100 Minutemen in dormitories, an RV park and in tents at Miracle Valley Bible College between April 1 and April 26, 2005. He charged them $9,655 for the lodging. He had not obtained county permits for the activities.

Cochise County later cited Harter, alleging that he violated several zoning ordinances by housing the Minutemen on his property without permits.

A hearing officer fined him $9,655. The Board of Supervisors affirmed the hearing officer’s decision.

Harter appealed the supervisors’ ruling.

The Cochise County Superior Court affirmed the decision in 2006.

He then appealed the judgment to Division Two of the Arizona Appeals Court.

Harter argued his activities did not violate any zoning ordinances and that the county’s regulation of his use of his property violated his First Amendment rights.

He also asserted the county’s citation was duplicitous and the fines imposed were excessive.

The Arizona Appeals Court affirmed the Superior Court’s judgment, according to a ruling filed Tuesday and signed by Judge J. William Brammer Jr., Chief Judge John Pelander and Presiding Judge Joseph W. Howard.

The property is zoned rural.

According to the county’s zoning regulations, principal uses of rural property, including use for church purposes, do not require permits.

But special uses, such as RV parks and guest lodging, do require a permit.

“Harter’s housing the Minutemen for a fee at the Bible college dormitories and the RV park, then, appears to fall squarely within the definition of special uses requiring a permit,” the ruling says.

He contended that his use of the Bible college did not constitute guest lodging because the fees he collected only covered the cost of items like utilities, propane and food, and therefore he did not make a profit.

The judges ruled it does not matter whether or not he made a profit.

Harter also argued the permits were not required to lodge the Minutemen because the Bible college is an accessory to a church.

But the judges determined that the use of the facilities in this case would not fit within the definition of accessory uses.

He contended he was “targeted” by the county.

He raised the fact that the county failed to regulate another 30-day revival held in a nearby town.

But county officials were unaware of the other revival, so the inconsistency was unintentional, the judges ruled.

Also, he also claims the hearing officer had prior hard feelings for him and that a member of the Board of Supervisors publicly chastised him prior to his citation and later attempted to sit on the board in review of the grievance.

But the judges did not address the issue because documents on the matter were not included in the record on appeal.

Harter suggested that by serving the citation on the last day of housing the Minutemen, the county was acting duplicitous.

He asserted he should only be fined $750 for one day of violations.

He argues it was excessive to fine him $9,655 and an additional $50 for each day the principal remained unpaid after 30 days.

But the judges did not address the issues because Harter did not cite any legal authority in support of his argument.

They noted the fine was less than half the maximum allowable by statute.

Herald/Review reporter Jonathon Shacat can be reached at 515-4693 or by e-mail at jonathon.shacat@bisbeereview.net.

Comments

April 15, 2005

I spoke with Rev. Harter of the bible college and he says there's already been back and forth with the planning department.

He said that what they're providing the MMP is no different from the other groups they've hosted; they have dormitories at the college.

He also said that the planning department gave them little time in which to get the necessary permits, and that while some members of the department said that they would have given them the permit, it was moot as they were overruled by those who said that they would refuse the permit.

Dr. Harter's Response To Pat Call

DR. HARTER’S RESPONSE TO Letter from Chairman of the Cochise County Board of Supervisors, Pat Call, Clears Up MMP/Bible College SituationPat Call 4.15.2005

Dear Sir:

I have read Chairman of the Cochise County Board of Supervisors Pat Call's special letter on your web site and I feel that I must respond to his allegations. I have several concerns regarding it.

First of all, I met with Supervisor Call last May 2004 and shared with him my concerns regarding the Mr. Vlahovich and the Planning Dept as they related to Miracle Valley Bible College, childcare center, church, etc.

Supervisor Call stated to me that he could do nothing regarding our childcare center situation since it was already in the legal process; however, he could guarantee me that we would have no further problems with the Planning Dept regarding our Bible College, etc.

At that May 2004 meeting, Supervisor Call said he would come to Miracle Valley in the next week or so and talk further with me regarding the situation. However, I have yet never heard anything else from Supervisor Call, no telephone call and no visit to Miracle Valley and this is May 2005

Secondly, last fall I received a telephone call from the Planning Dept while I was out of town. Upon my arrival at Miracle Valley, I telephoned the Planning Dept and requested a letter from Mr. Vlahovich which I received regarding Miracle Valley Bible College.

I telephoned Supervisor Call's office to request his assistance; however, to no avail. I purposely telephoned Pat Call's office every day (M-F) for the entire month of October.

This is now May 2005 and I have yet to have Mr. Call return any of my telephone calls. This is quite a change from his statement to you where he declares in his statement to you, ”Please don’t hesitate to contact me, if you have further questions.”

Now, I wish to say that I too am a fellow Republican. I have stood for and voted for our President and I have even financially supported the Republican Party. Washington was even kind enough to present me with "Business Man of the Year for 2004" and several lovely letters.

Now I do not appreciate Supervisor Call's comments regarding myself and Miracle Valley Bible College as listed on your web site. He has not offered one time to speak with me regarding our position with the housing of the Minutemen at the Miracle Valley Bible College.

And how Pat Call can say that I seem "to be using the success of the MMP to further a personal agenda" is totally uncalled for as a Cochise County Supervisor.

As a fellow Republican, I had cast my vote for Supervisor Call in the past. However, I have now discovered Supervisor Call to be two-faced in his politics. He will no longer receive any vote from me.

I am very offended by Supervisor Call words, "flagrant violations" regarding myself.

I am ashamed that Supervisor Pat Call represents the Republican Party.

Thank you,

Dr. Melvin Harter,
President

Miracle Valley Bible College
9210 Miracle Valley Loop
Miracle Valley, AZ 85615

Pat Call Clears Up MMP/Bible College Situation

Letter from Chairman of the Cochise County Board of Supervisors, Pat Call

4.15.2005

"Prior to April 1, the leadership of the MMP were informed of the rules and regulations of the County. To their great credit, they followed the rules and are accomplishing their goal admirably.

Prior to April 1, Reverend Harter of the Miracle Valley Bible College asked and was informed of the rules and regulations regarding the uses of his property; he chose to flagrantly violate the rules and ignore the regulations.

The Reverend Harter has given the County no choice – he has backed the County into a corner and forced them to respond to his flagrant violations.

The process and response by the County is the same one used for any person or organization who violates local regulations.

The County cannot and will not treat Reverend Harter differently than it would treat anyone else who violates the law.

It is unfortunate that his actions are creating the perception that the County and the MMP are at odds when the opposite is true.

Why he has intentionally chosen to force this issue is unclear to me. But, clearly, he seems to be using the success of the MMP to further a personal agenda.

Again, to this point, the MMP participants have been perfect guests and have done an admirable job in drawing national attention to the issues faced by this County relative to a failed federal immigration policy.

Please don’t hesitate to contact me, if you have further questions.”

Patrick Call

Chairman, Cochise County Board of Supervisors

520-432-9200

Matthew records the words of our Lord in the 5th chapter and verse 16 -

"Let your light so shine before men, that they may see your good works, and glorify your Father which is in heaven."

May God be glorified as the college offers hospitality to the participants of the Minuteman Project.

Sincerely in Christ Jesus,
Pastor KH

MINUTEMAN PROJECT by Sarah Harter

Fox News, CBS, CNN and other major news networks are broadcasting the Minuteman Project resulting in a national controversial issue.

I support the Minuteman Project because I am somewhat familiar with the issues at hand since I lived five years within three miles from the Arizona-Mexico border in a place known as Miracle Valley, Arizona.

Exactly who are the Minutemen?

The Minuteman Project is a group of 480 citizens from nearly every state in our country and who take their inspiration from the Massachusetts militias of 1773.

These citizens of the United States serve as volunteers who have taken up positions along a 35-mile section of the Arizona-Mexico border and watch out for undocumented immigrants, drug traffickers or terrorists attempting to enter the United States.

They notify agents of the U.S. Customs and Border Protection service if they see any violators.

Project organizers said they are law-abiding citizens engaged in what they called America’s largest ever neighborhood-watch plan.

The Mexican government is reprinting what some think of as a guidebook to help illegal immigrants avoid capture and prosecution after entering the United States.

Called the “Mexican Migrant Guide,” its purpose is to help people who already have decided to enter the United States to diminish their risk of death and to inform them of their rights if they are arrested.

Meanwhile in Mexico City, government officials criticized the Minuteman Project volunteers by saying they are racist and that they violate human rights.

My father recently received an email at Miracle Valley from Bethany Spicher of MCC U.S. Washington Office stating “I was concerned that your institution has offered space to those involved in the Minuteman Project. To me, the project seems unhelpful in working toward reform of our nation’s immigration system, which would allow migrants to enter our nation in a safe, orderly and legal manner. As I understand it, those crossing out southern border are fleeing economic oppression caused, in part, by our own nation’s trade agenda. They will continue to come, despite the barriers, and continue to die in the desert until our nation’s policies change.”

According to the Sierra Vista Herald Newspaper (March 30, 2005), “The 370-mile Arizona border is considered the most vulnerable stretch of the 2,000-mile southern border.

Of the 1.1 million illegal immigrants apprehended by the U.S. Border Patrol last year, 51 percent crossed into the country at the Arizona border.

I have seen the illegal activity on our border.

My father serves as president of Miracle Valley Bible College in southeast Arizona. We have experienced illegal immigrants from Mexico and other Central Latin countries crossing each night into the US. There is the drug traffic that occurs often in the area.

The border at Miracle Valley, Arizona is an open large valley. This offers a wide opportunity for illegal people, including terrorist, to enter into the United States.

In fact, recent intelligence revealed that Al-Qaeda terrorist are likely to enter the U.S. through the Mexico border.

Drusilla Montemayor, who owns a horse ranch two miles from the border, said an average of between 20 and 30 illegal immigrants come across her property nightly according to the Sierra Vista Newspaper dated April 2, 2005.

I support the Minuteman Project because it is bringing international attention to the problem of illegal immigrants, the drug traffic and possible terrorist that cross our southern border, especially in Arizona.

To: Eaglet

Thanks for the ping! I got this in e-mail and have talked to Vlahovich.

He confirmed that a citation has been issued, that the Bible college has "violated the established use of their property" by allowing the MMP folks to stay there.

Chris Simcox says that's not true. The Bible College has an assisted living program and folks stay there all the time.

They were grandfathered in for that approval before the zoning laws changed.

Simcox also says "Vlahovich has a long history of going after folks who try to bring the border situation to light."

According to Vlahovich, the amount of the fine has not yet been assessed, but it will be done at a hearing in May.

I've passed all of this information along to Hannity who will hopefully be able to get to it today or while he's down there next week.

Cal posted on 2005-04-15 14:25:09 ET

James E. Vlahovich, Director, Cochise County Planning Department has levied a fine of $750.00 a day on the Miracle Valley Bible College in Hereford, Arizona for housing the Minuteman Project.

It looks like this Bozo is being hurt by the Minuteman. He must be losing money from the coyotes, drug runners, illegal's not being able to pay him off as usual. Some people just don't care how they make their money.

WarHawk42 posted on 2005-04-15 14:02:17 ET

It sounds like the Minutemen are finding help in the right place.

"God is our refuge and strength, a very present help in trouble." (Psalm 46:1)

Faxed and Emailed 4/15/05

Top of the morning to you, Mr. Vlahovich!

This is to formally object to the fine of $750 per day that you have levied on The Miracle Valley Bible College.

It is not bad enough that our government has refused to secure our borders, even after the tragic events of September 11, 2001, you have now stepped forward to gain your "15 minutes in the spotlight." Hopefully, you will discover that the lights are too bright very quickly.

This morning in a conversation, which would have been hysterically funny, if not so serious, I mentioned that we should move forward in contacting the ACLU because you are in violation of civil and First Amendment rights (with one fell swoop). It certainly would be a way of exposing the ACLU Justice Fellows for the hypocrites they are.

I imagine, although it has not yet been confirmed, that the fine has been levied because you are not privy to the Bible study in which the participants of the Minuteman Project have been engaged on a daily basis.

Actually, they are out there doing the job our government refuses to do for God and country. Perhaps the Minutemen will be a chapter in an updated Bible sometime in the future.

This type of activity, Mr. Vlahovich, is typical of a person in your position.

We are taking our country back, sir, with or without your help. All of our activities thus far have been within the law. That really is the problem, isn't it? You were all planning on "an incident" which could be twisted into bad press.

In the meantime, since your actions indicate your preference for turning a blind eye to the influx of illegal aliens who pass through Cochise County everyday, may I suggest that you invite at least two illegal alien families (let's do the multiplication - that would be a minimum of 18 people) into your home, and relieve American taxpayers of at least that small burden?

We are not going to continue to allow our hard-earned tax dollars to be used to feed, clothe, shelter, and medicate illegal aliens while 15 million Americans are unemployed, and 89% are living from paycheck-to-paycheck.

We have lawyers and money, too.

Sincerely, Liz DeMarco

Spread this out as fast and far as you can.

Immigration/US Borders
Title: Minutemen Need Help NOW-Harassment
Source: Minutemen ProjectURL
Source: http://www.tianews.com/tianews/
Published: Apr 15, 2005
Author: TxBeaner
Post Date: 2005-04-15 13:18:00
by TxBeaner

Minutemen need your help NOW.

MM Update---Harassment

MM is staying at a local Bible College dorm and is paying them for it. Looks like some little weasel Cochise County very minor official has decided to work against the MM by hurting the Bible College.

We need you to spread this as far as you can.......and to call this local little worm and let them know what you think about it. If you say you won't visit there again that will hurt their tourism dollar....hint...hint.

Here is the story. Quote Friends, Here's what's happening at the MMP. These are law abiding folks being harassed.

Frosty Jim Gilchrist has just informed me that James E. Vlahovich, Director; Cochise County Planning Department has levied a fine of $750.00 a day on the Miracle Valley Bible College in Hereford, Arizona for housing the Minuteman Project. I will update http://TiANews.com as new information avails itself.

Please do two things:

1) Send this message to everyone you know!

2) Please contact James E. Vlahovich and share your displeasure with this unacceptable action against Americans exercising their 1st Amendment rights and the rights of the Property Owners to do with their property as they please.

The Cochise County Planning Department
Director, James E. Vlahovich
pnz@co.cochise.az.us
Phone (520)432-9240
Fax (520)432-9278
1415 Melody Lane, Building E.
Bisbee, Arizona 85603

Dear Minutemen Friends,

As you know, Miracle Valley Bible College has very small and limited funds. We have done our best with the legal system, but the Appeals Court on February 12, 2008 decided against us and in favor of Cochise County.

We must now pay $9,655 fine within 30 days or a $50 per day late fee will be added until it is paid in full. The late fee accumulates into $1,500 per month.

In addition, Cochise County has also placed this fine against me personally. Friends, you that know my wife and I will know that we receive very little from the Bible College. In fact, everything we get, we put most of it back into the restoration of our campus.

We do not have these funds. We have spent all of our money on attorney and legal fees. We have even had to recently file Chapter 11 for reorganization in order to save the Bible College. And we are not out of the woods yet.

The Minuteman needed a unified place to meet as well as someplace where the Minutemen could come without costing them "an arm and a leg."

Cochise County initially gave us their approval, which at such time I contacted Mr. Jim Gilchrist and informed him that we had been given the "green light" from the county to proceed.

However, a few days later, the Planning & Zoning Dept changed their minds and denied the Bible College the right to permit the Minutemen to come.

As most of you know, I am a Christian and I always do my best to maintain my Christian integrity.

Once I was notified by the County that I was not permitted to allow you (the Minutemen) on our campus, I felt compelled by that I should hold to my convictions regarding what the Holy Bible says, and that is "a man should always honor his word, even if it is to his own harm."

Well, I have honored my word to the Minutemen and it has brought us great harm. We have incurred several thousands of dollars in legal fees, and are now faced with this large fine.

I really need your help. If you can do anything to help us, it would be greatly appreciated. If we are unable to pay this fine, it could very well put our Bible College totally out of operation.

Will you help us? Whatever amount you can donate would be greatly appreciated.

We will keep you informed on this web site as to exactly how much money the Minutemen have donated to help us toward this endeavor.

Please, don't forget those who have helped you. Especially when they are penalized by zoning departments for doing so.

Now whether you are a Christian or not is not the issue here. Whether you believe in God Almighty or the Holy Bible has God's divine Word is not the issue.

The issue is simply that a small, struggling Bible College went out of its way to help the Minutemen by providing lodging for them during their first venture of watching the US - Mexico border in April 2005. In doing so, the Bible College has suffered opposition and financial setbacks.

Please consider making a special donation today to help us. We are a 501(c)3 non-profit incorporation and your donation is tax deductable with the IRS.

You can make a donation by clicking the DONATION BUTTON. You can put your donation on a credit card or your bank card.

Thank you and May God bless you,

Dr. Melvin E. Harter
President - Miracle Valley Bible College
9210 E Miracle Valley Loop
Miracle Valley, AZ 85615
(520) 366-1000

Official Bible College Website

Click here: http://www.miraclevalleybiblecoll.org/gpage8.html

Man who housed Minutemen without permit loses appeal

Published on Thursday, February 14, 2008

BISBEE — The Arizona Appeals Court recently affirmed a decision by the Cochise County Board of Supervisors to fine a man who rented housing to the Minutemen Civil Defense Project without a permit in 2005.

Melvin Harter housed up to 100 Minutemen in dormitories, an RV park and in tents at Miracle Valley Bible College between April 1 and April 26, 2005. He charged them $9,655 for the lodging. He had not obtained county permits for the activities.

Cochise County later cited Harter, alleging that he violated several zoning ordinances by housing the Minutemen on his property without permits. A hearing officer fined him $9,655.

The Board of Supervisors affirmed the hearing officer’s decision. Harter appealed the supervisors’ ruling. The Cochise County Superior Court affirmed the decision in 2006. He then appealed the judgment to Division Two of the Arizona Appeals Court.

Harter argued his activities did not violate any zoning ordinances and that the county’s regulation of his use of his property violated his First Amendment rights. He also asserted the county’s citation was duplicitous and the fines imposed were excessive.

The Arizona Appeals Court affirmed the Superior Court’s judgment, according to a ruling filed Tuesday and signed by Judge J. William Brammer Jr., Chief Judge John Pelander and Presiding Judge Joseph W. Howard.

The property is zoned rural. According to the county’s zoning regulations, principal uses of rural property, including use for church purposes, do not require permits. But special uses, such as RV parks and guest lodging, do require a permit.

“Harter’s housing the Minutemen for a fee at the Bible college dormitories and the RV park, then, appears to fall squarely within the definition of special uses requiring a permit,” the ruling says.

He contended that his use of the Bible college did not constitute guest lodging because the fees he collected only covered the cost of items like utilities, propane and food, and therefore he did not make a profit. The judges ruled it does not matter whether or not he made a profit.

Harter also argued the permits were not required to lodge the Minutemen because the Bible college is an accessory to a church. But the judges determined that the use of the facilities in this case would not fit within the definition of accessory uses.

He contended he was “targeted” by the county. He raised the fact that the county failed to regulate another 30-day revival held in a nearby town. But county officials were unaware of the other revival, so the inconsistency was unintentional, the judges ruled.

Also, he also claims the hearing officer had prior hard feelings for him and that a member of the Board of Supervisors publicly chastised him prior to his citation and later attempted to sit on the board in review of the grievance. But the judges did not address the issue because documents on the matter were not included in the record on appeal.

Harter suggested that by serving the citation on the last day of housing the Minutemen, the county was acting duplicitous. He asserted he should only be fined $750 for one day of violations. He argues it was excessive to fine him $9,655 and an additional $50 for each day the principal remained unpaid after 30 days.

But the judges did not address the issues because Harter did not cite any legal authority in support of his argument. They noted the fine was less than half the maximum allowable by statute.

Herald/Review reporter Jonathon Shacat can be reached at 515-4693 or by e-mail at jonathon.shacat@bisbeereview.net.

Video with Minuteman Bible College clips.

Video with clips of the Minuteman Bible College.