Friday, January 27, 2012

Matt Kanenwisher - Will Matt Kanenwisher look into whether Hamilton is a "Legal Entity". Does Matt Kanenwisher care about the Laws of Montana.

Letter to Matt Kanenwisher Regarding the Legal Entity of Hamilton as County Seat of Ravalli County Montana.  If Hamilton is not a legal, incorporated city then is Ravalli County a legal Entity?

Ravalli County has been involved in massive wrongful legal action, protective orders, police complaints, and supreme court legal action and if you were involved in those, then you need to know if Ravalli County City is legally allowed by Montana State Law to be so, and if not then maybe your court case, legal action, or other business with the City of Hamilton or Ravalli County could be void, or overturned.

"Dear Matt,

I'll keep this short.  I saw a Montana Statute tonight about how any village, town or city in Montana that is not incorporated (Hamilton, MT) cannot be a county seat of any county organized in Montana. 

I am aware that Hamilton is not incorporated, Mayor Jerry Steele admitted as such in a public meeting recorded on video in 2009, and the County Clerk Regina Plettenberg cannot show any valid proof of census, petition or other public documents as prescribed in Montana law [MCA 7-2-4101 to 4105] for a city to incorporate in Montana. 

Hamilton Clerk Rose Allen could not find incorporation paperwork and "grandfathered" Hamilton due to being in 'business' for over 100 years.

Here is the qualifications statute for a municipality to be a county seat, found in Montana Code Ann. MCA s. 7-2-2103 [below].

Montana Code Annotated 2011 
Clickable Image

7-2-2103. Qualifications for municipality or village to be county seat. No city, town, or village shall become the temporary or permanent county seat of any county organized under the provisions of part 22 or created by an act of the legislature unless such city or town shall have been incorporated in the manner provided by law or unless such village shall have been regularly platted and a plat thereof filed in the office of the county clerk and recorder and there be fifty qualified electors residing within the boundaries of such platted village.
History: En. Sec. 1, Ch. 16, Ex. L. 1919; re-en. Sec. 4392, R.C.M. 1921; re-en. Sec. 4392, R.C.M. 1935; R.C.M. 1947, 16-503(part).


I'm thinking you may want to run this by your Village expert at the RCAO.  While I am in procession of the plat map for Hamilton, certified by Regina's office in has James Hamilton annexing the land for Hamilton on September 4, 1890 TO MISSOULA COUNTY.
Per the statute above, Ravalli County cannot exist if Hamilton, as its county seat is not lawfully incorporated. 
Michael Spreadbury "

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.