Towing Company Sues 5 Shelby Township Board Members
Nick and John Nightingale, owners of Nightingale Services, are suing Shelby Township and five board members, alleging their contract was canceled in retaliation for speaking out against the board.
The owner and operators of Nightingale Services Inc., Shelby Township’s former towing contractor, have filed a federal lawsuit against the township, and five Board of Trustees individually, claiming their contract was cancelled as punishment for the business owners spearheading recall efforts against several township officials.
After more than 50 years of working with the township, a 5-2 vote by the Board of Trustees in December 2011 terminated the Nightingale's contract based on allegations of contract violations and overcharges. A detailed report, conducted by an independent contractor hired by the township, was presented during a public meeting, and a vote was immediately taken.
Several months later, Nick Nightingale announced he was running for trustee in the November 2012 elections. Also, the family hired Bloomfield Attorney Deborah Gordon and filed a lawsuit against all five board members who voted in favor of cancelling the contract and the board as a whole.
The lawsuit, which was delivered to the township and the individual plaintiffs earlier this week, demands a trial by jury based on three counts.
Freedom of Speech
The lawsuit states the Nightingale’s First Amendment Rights of Freedom of Speech were violated because they were targeted after participating in “political discourse, which is protected by the First Amendment."
“This is a freedom of speech lawsuit,” said Gordon. “The government cannot retaliate or harm you for exercising your rights of freedom of speech and speak out on public concern.”
In 2011, the Nightingales actively participated in recall efforts against Shelby Township Supervisor Rick Stathakis and Treasurer Paul Viar because of a controversial vote to rezone a parcel at 24 Mile and Schoenherr roads. The recall ultimately failed due to a lack of valid signatures.
The lawsuit states that Viar told John Nightingale during a 2011 encounter, “You don’t go after the king and only wound him, you make sure to kill him. Otherwise the King comes back to kill you.”
Due Process
The second charge claims the Nightingale's Fourteenth Amendment was violated when they were not given due process and denied the right to defend the allegations of contract violations in a hearing before the contract was terminated. Also, the lawsuit claims the Board of Trustees refused to participate in a post termination hearing with the Nightingales.
Breach of Contract
The third count against the Township is an alleged breach of contract. The Nightingale contract was expected to expire in 2013. The lawsuit states “plaintiffs have suffered damages as a result of defendant’s breach of employee contract.”
The Nightngales are seeking compensatory and punitive damages, as well as legal fees and a court order preventing further retaliation.
Shelby Township Attorney Rob Huth said he will not be defending the plaintiffs.
“The complaint has allegations that trigger insurance coverage, so therefore the township’s insurance company will hire an attorney,” said Huth.
The township, and each individual plaintiff has between 21 and 28 days to respond to the lawsuit, according to Huth. Stathakis said the township has not yet settled on an attorney.
Matt Guarnieri
8:47 am on Friday, June 22, 2012
Didn't the idea of sending the towing contract out for quote preclude any recall? Couldn't the Township Board then sue Nightingale's Towing for starting a recall in retaliation for putting their 50 year no bid work up for outside bid?
Just more cry babies that want the old corrupt ways of Shelby Township back.
Wait, what about the report that staes Nightingale's overcharged hundereds of people by thousands of dollars, probably for decades.
So, it's crybaby crooks suing the taxpayers for what they feel entitled to, nothing more.
Thomas Delise
11:18 am on Sunday, June 24, 2012
Matt used used the word probably then you say you're stating facts,I think it's time for you to buy a dictionary!
Jeffery Berz
1:04 pm on Monday, June 25, 2012
They didn’t break a contract. Big Difference!
Matt Guarnieri
11:06 am on Thursday, June 28, 2012
Billing outside of allowed charges of a signed legal contract IS breaking the contract. Breaking the law on how impounded vehicles are disposed of IS breaking the law; Nightingale's broke the contract long before it was removed from them. Then, when asked about this King John's response was "None of your business". Well, as a taxpayer responsible for who the police dept. refers to a situation I have a say. I am saying, "I do not want people who run a business like the Nightingale's do to be doing business in my township". It's my right and I hope others will join me in sending a message that unscrupulous companies are not welcome here, no matter how long they have been doing business.
Seymour Concerned
9:07 am on Friday, June 22, 2012
Dick Stathakis and Viar are magnets for lawsuits. Huth must be bummed he's not getting paid bank to defend the King.
Jeffery Berz
11:34 am on Friday, June 22, 2012
Look who’s crying now. Matt G. the unofficial spokesperson for Shelby Township. LOL!!!!!!!!
John Lang
11:34 am on Friday, June 22, 2012
From what I can gather, this is going to be more than suing the taxpayers through the insurance company. The suit is going for both compensatory and punative damages against not only the Township, but the five individuals themselves. Does the insurance cover them as individuals? Or will they have to foot part of the bill for damages and legal fees themselves? Not sure how that works. This is guaranteed to drag on long after some or all of them are voted out this fall.
Jeffery Berz
11:49 am on Friday, June 22, 2012
Here’s a prime example of what goes around comes around. Stathakis is not above the law. Now it’s time to pay. The other four will also pay for being part of the corruption. I’m sure there’s more to come.
John Lang
1:48 pm on Friday, June 22, 2012
Well, the thing about this one is that it's headed for Federal court, not down the street to go before Judge Shepherd over at 41-A. Probably go on for years and cost lots and lots of money. Was it worth it?
Matt Guarnieri
11:06 am on Thursday, June 28, 2012
Federal Court is better, Nightingale's would sell their souls to win including voting to build a new District Court building with taxpayers funds. Bankrupting Shelby means nothing to Nightingale's as long as they get a no bid towing contract.
Matt Guarnieri
1:48 pm on Friday, June 22, 2012
The insurance covers all actions done in the official capacity of an elected official unless it's illegal.
This is King John who did what he wanted in Shelby Twp. For 50 years getting a wake up call and whinning about it. King John collected the majority of signatures for candidate Leman, who is also suing the township. Niether suit will go anywhere because nothing illegal was done. The towing contractor overcharged hundred of people for decades... it's in an official report. How can you sue for losing a job after you were caught stealing?
Jeffery Berz
5:22 pm on Friday, June 22, 2012
I heard the insurance company isn’t going to cover this suit. Wouldn’t that be a hoot?
Matt Guarnieri
1:48 pm on Friday, June 22, 2012
There were far more numerous and costly lawsuits brought against the township in the 4 years prior to Stathakis. The problem then was that they were legit and the insurance just paid out. I wonder if the insurance will pay out on a claim by a vedor who overcharged it's customers?
John Lang
5:22 pm on Friday, June 22, 2012
Can you give an example of one of those more numerous and costly lawsuits from the 4 years before?
Jeffery Berz
12:24 pm on Saturday, June 23, 2012
This may take him a while to twist a few facts for you.
Matt Guarnieri
12:24 pm on Saturday, June 23, 2012
Leman was sued in Federal Court for sexual descrimination and we paid 40 grand. Maccarone was sued for sexual descrimination/harrassment... and paid out, again during the deposition phase because it was so damning. The police dept was sued and paid out 1.95 million because the testimony during the information gatthering part of the trial showed officers were improperly trained and the leadership was inept. There are about 6 to 12 more, your weloce to FOIA them or just get a PACER account and look them up.
I consider the past lawsuits as having some merrit. Maccarone was a bully and seemed kind of a swindler, look at old meeting recording, which by the way Macarrone wanted to stop and then tried to have tall video of the meetings he was envolved in destroyed after 30 days..... There was some transpeancy for you.
When your legacy is bad, you try to cover it up, maccarone did by wanting to destroy public video record, Leman is trying by starting a lawsuit so his old work record can not be discussed or brought up in this election, not even the written reasons he was fired. Nightingale's is a business sueing the municipality it is located in after it was shown they swindled hundred or possibly thousands of citizens for decades... My policy, ... if you sue where you live, it's like a child sueing parents for denying them an allowance increase... I don't stand for it, I will boycott you and call you a spoiled rotten self entitled cry baby that you are...
Jeffery Berz
6:25 pm on Saturday, June 23, 2012
There It Is!
Matt Guarnieri
12:24 pm on Saturday, June 23, 2012
Sorry for the typos.... sleepy rant but factual.
bill webber
9:58 pm on Sunday, June 24, 2012
Matt,
It is amazing that Jeffery and his sidekick- Nick are not beating you up over your grammar !
Keep up the good work ...
Matt Guarnieri
11:45 am on Sunday, June 24, 2012
Nightingales Service provided towing to Shelby Township citizens for over 50 years (by their own admission). John Nightingale said in a televised meeting "We've been doing business the same way for over 50 years and no one has said anything about (the) overcharges in the past". Is that not an admission that they have been overbilling citizens for over 50 years?
Jeffery Berz
9:58 pm on Sunday, June 24, 2012
That’s about the dumbest thing I’ve ever heard.
I can twist things around and make good things bad as well but I chose to stay with the facts.
I feel sorry for Matt for always searching for ways to make things look bad. It must be a sad and empty life to be so negative.
John Lang
9:58 pm on Sunday, June 24, 2012
Well, you can't really read that into it, now, can you? That's just a silly statement.
What keeps getting missed in all this Nightingale discussion is the basis of contract law. If you hire me to come and work for you, and you don't like me or my work, you have the right to fire me anytime you like, and I have no recourse.
Now on the other hand, if we have a signed contract between us, especially a contract with a government entity, and you don't like me or my work any more, contract law states that you have to give me an opportunity to remedy whatever complaints or issues you have, and give me reasonable time to respond and make things right. This is exactly what the third charge of the lawsuit is all about, breach of contract. The suit contends that the plaintiff was never given opportunity to remedy. Law school 101.
It seems odd to me that the Township Attorney didn't advise his clients that this suit was sure to brought against them if they abruptly terminated the contract the way they did. Any attorney would make sure that the i's were dotted and t's crossed before terminating the contract, rather than the way this was done, again, according to the way this lawsuit is written. The whole thing is going to look pretty bad if it ever gets to a jury trial. I'm not a lawyer, but I know enough about contract law to know that the Township's case is going to sound pretty thin in court, no matter how one feels about the Nightingales personally.
Matt Guarnieri
11:55 am on Monday, June 25, 2012
Mr. Lang, if I have a contract with you and you specify what I can bill for and what services I am going to provide but you get my bill (on hundreds of occasions) with the word "misc." and charges of 40 to 50% added over the original quoted rate, do you have the right to cancel my contract or not? Can't you make me repay every cent of overcharges? Don't you have the right to forbid me from doing any further work for you or do you HAVE to, BY LAW, keep me working for you no matter how far from the contract rates I go? This is the question that will be put to jurers and I am curious how you would vote. I know I would say… “You broke the contract by adding (misc.) charges to the bill, I have the right to protest my interest”.
John Lang
1:04 pm on Monday, June 25, 2012
Responses to your points...
if I have a contract with you and you specify what I can bill for and what services I am going to provide but you get my bill (on hundreds of occasions) with the word "misc." and charges of 40 to 50% added over the original quoted rate, do you have the right to cancel my contract or not?
You don't. You have to question the overcharges first, and either give the vendor the opportunity to justify them or rescind them. If this is not resolved, the vendor (Township) could sue the vendor for fundamental breach. Were this upheld in court or through arbitration, the contract would be rendered null and void due to breach by the vendor (Nightingale).
Can't you make me repay every cent of overcharges?
Yes. See the above.
Don't you have the right to forbid me from doing any further work for you or do you HAVE to, BY LAW, keep me working for you no matter how far from the contract rates I go?
Not without moving through the process described above. This is the basis of the matter.
This is the question that will be put to jurers and I am curious how you would vote. I know I would say… “You broke the contract by adding (misc.) charges to the bill, I have the right to protest my interest”.
You can't arbitrarily make that statement without giving the vendor an opportunity to remedy first.
Matt Guarnieri
11:06 am on Thursday, June 28, 2012
Mr. Berz or Mr. Lang, can you FOIA some of the NIghtingale's handed in invoices from a year ago (ask for some with "misc." and "wrapping") and tell me if these are totally legal and within the signed dated contract parameters? If not and they denied in a public meeting "doing anything wrong" "It's how we've done business forever". If a court sees the bills, sees the meeting video, do you really think Nightingale's have a shot? It was only months later and after the contract was moved that John Nightingale said "I don't think we did anything wrong, but you never gave me a chance at restitution". John Nightingale was not interested in restitution until he realized he lost the contract.... A jury will find against them, thankfully every meeting is video taped and stored so King John, the singing Nightingale can't change his tune in court and play innocent.
Jeffery Berz
11:45 am on Sunday, June 24, 2012
Tom, as usual they start out as legitimate comments then they are twisted unbelievably.
I hope John and Nick Nightingale sue the pants off of Stathakis. It’s what he deserves!
Stathakis and a few other board members need to learn that you can’t mess around with a mans business and a mans reputation and a mans family for political gain. That man will fight back! John and Nick Nightingale are mad and they ARE fighting back. I wish them swift justice.
bill webber
9:59 pm on Sunday, June 24, 2012
Jeffery,
Once again,
I have read many of your postings,
Do you ever have anything positive to say ?
You must have had a terrible life to be such a negative, bitter person.
Michelle Johnston Battice
11:18 am on Sunday, June 24, 2012
I will not go to Nightingales again either, i frequented them for gas, repairs and towing services. They are the closest station to my house. They lost the contract after being asked to do a few things, one was get a bigger truck so they wouldn't have to wait on one to come from another station further away and one was to properly fence in their impound lot so the corner didn't look like a junk yard. They instead stuck green strips in the hurricane fencing they already had and it didn't look any better. This stuck with me, they want to get the contract based on the fact that they had it for 50 years but werent' willing to invest a little of that money into making their business which sits in a very visible spot look better for the community. Then they got the contract back and lost it due to the audit, which should be done to all twp contractors. I have seen them on tv at the meetings behaving like a bunch of idiots during hearings that had absolutely nothing to do with them. Call that freedom of speech or call it harassment whatever you want, but it leaves a bad taste in my mouth. Pretty much they don't give a shit about the community only themselves. And now they are going to sue the board and cost us all more money!! They won't get a dime out of me or anyone in my family.
bill webber
9:59 pm on Sunday, June 24, 2012
Great post Michelle - I couldn't agree more.
Like you, I live VERY close to their station and have used their services for MANY years.
However, I stopped patronizing the company after watching how the family behaved at the township meetings.
In particular - the Nightingale boy that is currently seeking a position on the board.
Thomas Delise
9:58 pm on Sunday, June 24, 2012
Michell ( not ) I searched your name in the township register in many combinations and there is no such person.I feel if you have to use a fake name you have no truth to your comment. ( Get real ! )
Thomas Delise
9:58 pm on Sunday, June 24, 2012
I checked the township data base and can't find anyone by the name Michelle Johnston Battice,tried different combos of that name.So my guess would be if you're using a fake name what you're saying above doesn't hold much weight.
Bill Peters
4:03 pm on Monday, June 25, 2012
Ahh as usual the bullies want to reserch and find this person-That is what is important to them
Cindy
9:34 am on Tuesday, June 26, 2012
Many of us feel the same way!!
Nick Nightingale
9:59 pm on Sunday, June 24, 2012
Why when I research the last name Battice they don't pay any taxes in Shelby twp.
Jeffery Berz
8:49 am on Monday, June 25, 2012
I think Bill Webber and Michelle know one another lol!
Matt Guarnieri
11:55 am on Monday, June 25, 2012
Instead of explaining their position they research you and attack you. When I first bought up that Nightingale's billed 165.00 for a tow that would have cost 65.00 in Sterling Heights and 45.00 in Troy. John Nightingale phoned me to tell me to "mind my own business". This is just how they operate.
Michelle Johnston Battice
9:58 pm on Sunday, June 24, 2012
Well that man and his family and his business should not have taken for granted that he was a lock on the contract. All contracts must be rebid and it is almost unheard of that the same company has the best bid for 50 years straight, sounds to me like he had somebody in his pocket and now that person is gone and whats best for the citizens of Shelby Twp is being considered instead of what is best for one family in Shelby Twp. Hey, if he had done what the board asked of him and put up a fence that wasn't an eyesore I might have some sympathy for him, it was that simple, and for some reason he didn't think he had to follow the rules like everybody else. That alone proves he felt entitled to that contract not that he had to earn it like everybody else.
Jeffery Berz
8:49 am on Monday, June 25, 2012
This sounds like somebody named Matilda!
Matt Guarnieri
9:58 pm on Sunday, June 24, 2012
These people and their lawsuits are WRONG, plain and simple. BOYCOTT NIGHTINGALE'S and don't forget to vote AUGUST 7th 2012, That is the election we can send a clear message to the selfish self-entitled babies.... GET OT OF OUR TOWNSHIP!! By voting for the candidates who have done right by the taxpayers in our community.
Jeffery Berz
8:49 am on Monday, June 25, 2012
Thanks Michelle, I mean Bill, I mean Matt.
Jeffery Berz
8:49 am on Monday, June 25, 2012
Matt, where are you registered to vote? Tell everyone please.
Maybe you should GET “OT” OF SHELBY!! Does that mean Over Time? Wouldn’t that be wrong?
Matt Guarnieri
11:55 am on Monday, June 25, 2012
Mr. Berz. I am registered to vote and I pay taxes in Shelby Township.
Jeffery Berz
9:58 pm on Sunday, June 24, 2012
That audit was a damn scam created by R. Stathakis and everybody knows that.
It doesn’t take a Rocket Scientist to see that the Nightingales were railroaded by a crooked politician.
John and Nick Nightingale are men who are proud of their family business and are standing up to defend it. I would have done the same thing when my Dad and I were in business together in our three generation business. Having a family business is a special thing. For someone like R. Stathakis to come along and attack them is really low . He doesn’t care who he hurts along the way as long as he has personal gain. He’s shown over and over that he doesn’t support small business owners in Shelby Township. I can’t wait to see him gone form office.
Matt Guarnieri
11:55 am on Monday, June 25, 2012
Who were the Nightingale's thinking about when they overbilled hundreds of citizens by thousands of dollars? The board was protecting us from uncrupulous business people by getting rid of the Nightingale's.
Jeffery Berz
8:49 am on Monday, June 25, 2012
Thank you John Lang.
I think the Nightingales have a really good case on all counts of their law suit.
Jeffery Berz
8:49 am on Monday, June 25, 2012
Bill it’s just plain fun to beat up on Matts gRaMmar! This is what we do on Sunday nights!
Matt Guarnieri
8:49 am on Monday, June 25, 2012
HELLO, Jeffrey Berz is not listed as a taxpayer anywhere in Shelby Township, he is a paid comment poster for Nick Nightingale whose job is to try is get me to be quiet..... Right Jeff?
Jeffery Berz
11:55 am on Monday, June 25, 2012
Am I a paid spokesman for Nick Nightingale?
Matt has me on this one! I concede. Nick once bought me a cup of coffee at the gas station. Oh my God! The humiliation and the scandal is going to ruin me. I’ll have to leave Utica and move to a small town like Marion. Pause... I had to go use the bathroom so I wouldn’t pee my pants laughing!!! LOL!!
What an absurd thing to say. Nobody has to pay me to make a fool of you. I do it for free because I enjoy it pure and simple. I don’t need anyone else’s money. Making you look like a jerk is a pure unadulterated pleasure. I especially like it when you get angry. Before you get angry stop and count to ten(that’s all of your fingers and thumbs on both hands).
Personally I don’t think anything could ever quiet you down. You probably babble in your sleep. Please keep on ranting and I’ll continue to reply.....OK Matt?
Jeffery Berz
2:57 pm on Wednesday, June 27, 2012
For Heavens Sake Matt!
You've pointed out that I live in Utica about 14 times. It's getting a bit redundant.
Try to think of something new OK?
Matt Guarnieri
8:49 am on Monday, June 25, 2012
Tell ya what, no one pays me but I feel so strongly that the Nightingale's are crooks that anyone who contacts me and want's it will receive, free of charge, a "BOYCOTT NIGHTINGALE'S" sign erected on their land this election cycle. I will put it up where you ask, and take it down when the cycle is over. I will clearly place my contact information on each sign so you get no adverse effects from this placement. My money, my work, my responsibility, you just let me borrow your yard for a month.~~ MATT (and I am not looking for your endorsement or running for any public office). I just want all the past corruption in Shelby Township GONE!!!
Jeffery Berz
11:55 am on Monday, June 25, 2012
What a big man.
Michelle Johnston Battice
8:49 am on Monday, June 25, 2012
OK guys i hold my house in my previous married name. I have lived less than 1 mile of the station for 16 years and pay my taxes every year on time. Why would you research my name? My points are valid and you Nick instead of giving your side you research my name? Really
bill webber
11:18 am on Wednesday, June 27, 2012
Good question..
To the Nightingale boy...
please tell the readers of the patch... just what were you researching for ?
If you really want to do some research.. ask your father about your great uncle - Jerry.
Oh the 70’s -- very interesting times !
Michelle Johnston Battice
8:49 am on Monday, June 25, 2012
So i've been thinking about the 2 of you who researched my name. why would you do that to discredit me, like a politician would? To scare me from making any more comments? I am stating what a citizen of Shelby sees, and if you want to win an office in Shelby, i would think that investigating a citizen and posting lies about them without knowing the facts is not a good way to earn a vote. I considered putting my previous name on here for you Nick, because you will know me, but after yours and your buddies behavior i don't feel it is in my best interest to do so for fear of the type of harrassment you have shown in the township meetings being targeted at me. Good luck all in whatever you do
John Lang
8:49 am on Monday, June 25, 2012
Being for or against the Nightingales, attacking or defending the Nightingales, berating each other on this thread still completely misses the point. If you don't like the Nightingales, don't shop there. If the Township wants them out, re-bid when the contract is up and go with someone else. No problem whatsoever.
Again, what this is about is clear breach of contract. You can't end a contractural pact by telling someone that, well, we see this, that, and the other thing and we're breaking our contract. Doesn't work that way, that's the law. No matter who you like or don't like.
What kind of country would we have if people were allowed to violate contract law just because somebody doesn't like somebody else any more, for whatever reason? Whether this was because of the recall effort, or because someone said something about the other, or because someone doesn't like they way someone looks, the law is the law. This is what will be decided in Federal court, not the court of public opinion.
Matt Guarnieri
11:55 am on Monday, June 25, 2012
So, we as citizens have the right to "not do business with people we feel are crooks" but the township that represents us does not have the same right?
At meeting after meeting the nightingales got up and attacked the "process" used to uncover overbilling, not once did they say.."oops" or "sorry". Even now, they are made they were caught and how, not remorseful for the "misc." charges added on to invoice after invoice.
Jeffery Berz
11:55 am on Monday, June 25, 2012
I want to send out a huge thank you to Matt for hosting a spectacular BBQ and picnic event on Sunday to support Bob Leman for Supervisor. Everyone had a great time. Some of the folks who attended were Tom, Jeff, Bob and his wife, Lisa and her husband, Richard and his wife, Gary and his wife, John and Marsha, Nick and Nicole, Clarence and his wife, Dave and his wife, Sassy the Clown and so many young children we didn’t know.
All along we thought you didn’t like our group. This event showed us different! Thank you Matt for your support!
By the way many of the wives would like your meatloaf recipe. It was very good!
Jeffery Berz
1:04 pm on Monday, June 25, 2012
The people also have the right not to do business with dirty politicians. That’s whey there are terms in office and elections.
Jeffery Berz
1:04 pm on Monday, June 25, 2012
Matt if you are indeed registered in Shelby then all I have to say is that “I’m very proud of you!"
Cindy
9:34 am on Tuesday, June 26, 2012
I am just a regular citizen and have no interest in politics (although I do vote)! I'm not a fan of Strathaskis, definately not a fan of Leman (Please someone else run for Supervisor) Hopefully, the people of Shelby Twp will realize that Nightengales are trying to cost the taxpayers of Shelby Twp money will their frivolous lawsuits!! I say boycott them and put them out of business. I'll never go there again!! And I will never vote for a Nightinale for Trustee!
Bill Peters
12:55 pm on Tuesday, June 26, 2012
I agree Cindy. I do not like the current board but no way will I vote for Lemon-or any of his side kicks. Like him or not Richard has saved the township money. If he reduce the police force that would even be better. I am tired of seeing our police on M-53 and sitting in spots on the local roads just to pass out tickets. If that is all they have to do then we have to many.
bill webber
11:18 am on Wednesday, June 27, 2012
Hey Cindy ,
Where is Rick Bottcher when you need him? ( sarcasm)
Talk about lawsuits ... I think the township is still paying for his incompetence.
In regards to Leman ...He is no Republican.
Can you imagine the sweetheart deals he would make to his union buddies ?
The Nightingale boy on the board ? - In a sad way ... It would be nice to see win .
I find him entertaining when he doesn’t get what he wants.
Can you say waaaaaaaaaaaaaaaaaaa ?
Matt Guarnieri
11:06 am on Thursday, June 28, 2012
Cindy, there will be an independent candidate on the November ballot running against whoever wins in August, he is a much stronger candidate that Leman but not a Republican and has not come out against raising taxes for local homeowners. I huge point for me.... control spending and still provide services, no buddy/buddy system like has been in place for decades, all contracts get fairly put out for bid.
Matt Guarnieri
11:52 am on Wednesday, June 27, 2012
I kind of feel the same way Mr. Webber does. If none of the "Sue Shelby" slate stays or gets in I will have about 300 dollars of my own money and time invested into signs and websites that would be obsolete....and unless Nightingales continue to make fools of themselves at meeting I might lose interest all together in blogging.....
Jeffery Berz
2:57 pm on Wednesday, June 27, 2012
$300 that could have been better spent at the Golden Corral!
Jalyn
6:13 pm on Wednesday, June 27, 2012
Wow. Having gone to school with a couple of the nice Nightingale boys I found it hard to discredit the family when this news began to come out. After reading other reader's comments and seeing that Nick Nightingale is researching residents who disagree with him in this thread I'm dumbfounded and have lost respect for him completely.
Jeffery Berz
9:39 am on Thursday, June 28, 2012
This sounds like something Nick’s good friend Matt would say.
Wouldn’t you want to know who was attacking you?
I’m sure you’ve now broken the hearts of the “nice Nightingale boys”. This is so terrible!
Matt Guarnieri
11:36 am on Thursday, June 28, 2012
See, the Nightingale's and Mr. Berz don't care about the people of Shelby Township at all, it's all about the money, they are nice and sweet as long as you keep the money flowing their way, they bully anyone who is not listed as their "friend". This behavior should tell you a lot about their true nature.
Michelle Johnston Battice
6:13 pm on Wednesday, June 27, 2012
@ Jeffery Berz, if you think that you are doing the Nightingales any good with your obnoxious comments on here you are dead wrong. You are just giving those who are voicing their concerns reason to believe they are right about the situation. If I were the Nightingales I would PAY you to shut up and stop sticking up for me because you are only digging their grave for them.
Jeffery Berz
9:39 am on Thursday, June 28, 2012
Thank you for the compliment!
I will continue to defend my friends Nick and John Nightingale.
Thanks for your great comment!
John Lang
12:47 pm on Thursday, June 28, 2012
Your time is up. Thanks for coming down.
Jeffery Berz
5:37 pm on Thursday, June 28, 2012
Regarding the comment directed to myself and John Lang I’m not going to FOIA all of that information for you. I’m not the judge or the jury. If you have something to prove in writing then put it in a pdf so everyone can read it.
By the way where is that proof that the State Police wanted to see your website? I’ll bet the dog ate it RIGHT?
Jeffery Berz
5:37 pm on Thursday, June 28, 2012
The Federal Court will be a great court to have this case presented in.
I’m glad I’m retired so I can go watch the case every day. It’s going to be(as Ed Sullivan used to say) “A Reeeally Grrrrrrrrreat Shhhhow!"
Jeffery Berz
5:37 pm on Thursday, June 28, 2012
How do you know what the Nightingales or I care about? Have you ever met me?
If I didn’t care about Shelby I wouldn’t be on here all of the time correcting your babble.
Matt Guarnieri
6:28 pm on Thursday, June 28, 2012
I just want to know ... If you sign a contract and itemize everything you will be billing for is it legal to arbitrarily add "misc." charges or "collision wrapping" charges on bills when no one has ever seen a "collision wrap" and "Misc." was not an allowed item to be charged for in the contract that was signed?
This is what Mr. Nightingales yelled was "none of your business" about at a meeting. Shouldn't un-allowed, unexplained charges be a good enough reason to stop using them especially when their response is "none of your business" and to attack the process, never once explaining the charges,,, they would only speak of oil dry charges but what about the other charges? This won't go to court, the judge will laugh them out of there.... so after losing the election they will get a double whammy of court rejection... and a citizen boycott... kind of sad.
Jeffery Berz
8:13 am on Friday, June 29, 2012
And still the same old droning monologue continues like a broken record.
Come up with some facts other than "I feel that......." or "my opinion is....."
Everyone has an opinion but it doesn't mean that it's right(except in Matt G's mind)
Michelle Johnston Battice
9:18 am on Friday, June 29, 2012
I did give facts and nobody has responded to them, instead they researched my name and those same people just keep throwing out childish insults.
Jeffery Berz
9:47 am on Tuesday, July 3, 2012
I can’t wait to see the Nightingales get a huge settlement in punitive damages from the 5 board members who are being sued.
Cindy
11:50 am on Tuesday, July 3, 2012
You mean from the citizens of Shelby Twp!! What's the matter with you people.
Jeffery Berz
2:58 pm on Tuesday, July 3, 2012
Did I say the citizens of Shelby? NO! I mean personally.
The board will have to decide who pays for the legal fees. Who do you think they will chose? Them personally or the people of Shelby? I can guess already.
John Lang
4:10 pm on Tuesday, July 3, 2012
That's where it's going to get interesting. I would really like to know more about how this works. What I think happens is that the insurance company for the Township will be called in to litigate this matter on behalf of those named in the suit, which is not only the five individuals, but the Township itself. The Township Attorney stated as much in the body of this article.
Consider this scenario: by the time this matter is either settled out of court through arbitration or if it actually makes it into Federal court, any number of these people might have been voted out. Well, hopefully all of them, but that's a topic for another thread. In the event that they are no longer on the Board, is the insurance company still responsible for some, all, none of the punitive damages if they are found liable? Or is each individual responsible for some, all, or none of said damages? Very interesting as to how this will unfold over time.
Dennis
5:07 pm on Tuesday, July 3, 2012
Do you have to live in Shelby to run for the board?
Jeffery Berz
6:06 pm on Tuesday, July 3, 2012
Yes but you don’t have to have your personal business in Shelby and you don’t need to support your local businesses.
Jeffery Berz
6:06 pm on Tuesday, July 3, 2012
I’m not a betting man but I can surely see this "conservative board" voting to cover their derrieres with township funds. Forget all of that junk they said about fiscal responsibility and keeping a balanced budget for the people of Shelby.
The kingdom is falling! The ship is on fire and the rats will soon be jumping ship!
They should have thought about this before they drew on the Nightingales in an illegal manner. Now it’s time to pay the piper! You reap what you sew.
Thanks for coming down!
Matt Guarnieri
8:43 pm on Tuesday, July 3, 2012
I am willing to bet the Nightingale's will lose. If we just got the money the Nightingale's overcharged citizens for the 50 plus years they did the towing we could pay cash for a new rec center and court house. Sadly, the Nightingale's would rather spend this money suing the citizens of Shelby Township instead of helping us out. How greedy can one family possibly be.....
Jeffery Berz
8:22 am on Wednesday, July 4, 2012
There it is!
Thomas Delise
12:07 pm on Wednesday, July 4, 2012
Matt,how could this be going on for 50 years as you claim and no one has come foward claiming that they were overcharged?
Also what does towing charges have to do with a rec center?Now you are trying to make it sound like they have been stealing tax monies.You really should quit giving out false information.
Matt Guarnieri
6:26 pm on Wednesday, July 4, 2012
Mr. Delise. At a Shelby Township televised and recorded meeting Mr. John Nightingale said "I have been doing business the same way for over 50 years with Shelby Township" (paraphrased).
This means he has been charging the same way for over 50 years and if you take into consideration that he added "misc." charges on towing bills for over 50 years he has been over billing people for over 50 years..... duh!
John Lang
9:56 am on Thursday, July 5, 2012
You didn't really answer the question, did you? Let's rephrase it, shall we? Very simple actually:
If the vendor was overcharging the Township for 50 years (or whatever length of time you want to randomly pick) why was no complaint ever made against them prior to the abrupt termination of the contract? An even better question would be, why was the contract renewed in 2010, then breached at the end of 2011?
This question is the basis of the lawsuit against the township. It will be interesting to see how the insurance company attorneys answer it. You can bet that the township attorney is glad he's off the hook to answer it. I wouldn't know where to start.
Thomas Delise
12:07 pm on Wednesday, July 4, 2012
Remember the only complaint was the letter from Mr.Turner.As I recall the letter never said that he was personnally over charged.So taht is a BIG FAT ZERO !!!
Matt Guarnieri
9:56 am on Thursday, July 5, 2012
When Mr. John Nightingale phoned me as "Shelby Citizen" I asked him if he had a set rate for charges and why a motorcyclist was billed 165.00 (dollars) for a tow that would have cost 65.00 (dollars) in Sterling Heights and 45.00 (dollars) in Troy, MI.... his response on the phone, to me was: "I can bill whatever I want for a tow, it's none of your business anyway". He also told me to "be quiet".
So, I ask you Mr. Delise, if you knew someone was investigating what you billed for your services compared to other municipalities and you behaved as badly as the Nightingale's at meetings, then, you signed a legal agreement and violated almost every aspect of that agreement would you expect to keep the work?
The process of the complaint is mute.... I emailed and phoned in concerns long before Mr. Turner. Mr. Turners question just happened to come after the contract was signed, my questions were before.
How can you run a business that deal with the public without a price list posted as required by law, how can you run an auction for the township without knowing the laws or following the laws?
I don't care if a Nightingale was elected to every position on the board, I would still call the state police to investigate every invoice they have affecting the public and done under contract. The election is nothing, if Nightingale's tried to pull the stuff they did while being an elected official they WILL end up in jail. They are crooks and they know it.
Thomas Delise
9:56 am on Thursday, July 5, 2012
Just as I figured.It's the same old scene with you taking something and twisting it.
You're NOT going to convince me twisted ways....duh!
Matt Guarnieri
1:40 pm on Thursday, July 5, 2012
@ Mr. Lang: Why did the Nightingale's get away with conning people for over 50 years?
Simple, a con man will continue to con his targets until he is caught and his targets are warned to look out for him. The confidence man (con man), not knowing any other way to make a living then moves on with a new con, in this case, politics. I believe Nightingale’s behavior fits into the category of “con man”. Study “Irish Travelers” and you will see the exact same actions fit this pattern. The attacking of the process, never answering the charges, now playing the victim. The whole family mobbing together to intimidate opposition.
The question still remains. Where in the signed contract are “misc.” and “wrapping” charges allowed? Where was the price list posted in the store? Where are the lot improvements John Nightingale promised, “giving his word”, would be done in 12 months (nothing 18 months later).
All actions a confidence man would take. We are dealing with people who are raised to be con men like “Irish Travelers”. They have no legal leg to stand on in court, once put to any jury with comparisons to other Irish Traveler” family actions they will be exposed for what they are.
John Lang
10:04 am on Friday, July 6, 2012
This takes things so far off into the weeds that I don't even know where to begin to continue a lucid discussion.
Jeffery Berz
5:32 pm on Sunday, July 8, 2012
Does this have anything to do with Trustee Michael Flynn? He's kind of like an Irish traveler moving from one bar to another.
Jeffery Berz
8:15 pm on Thursday, July 5, 2012
There it is!