Editor’s Note: Nothing herein, including the words and phrases used, is intended to allege, assert, imply, or suggest criminal culpability of any persons mentioned. In fact, it is the opinion of the author that there was none. The views and opinions in this article are those of the author and do not represent any person, group, firm, or corporation. Nothing herein is legal advice, nor should it be taken as such. The information on this website is provided for general informational purposes only. It is intended to be useful and current on matters relating to governance in the Village of Climax. While it is believed to be accurate it may not be complete and does not represent the opinions of others. There is no AI content.
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VILLAGE COUNCIL MEETING AUGUST 4, 2026: The New Council Can’t Come Soon Enough!
- What Happened
Bill Lewis has done some sketchy things during his time in office as Village president. The community can put nothing beyond him. He has once again proved himself to be an embarrassment to all of us.
At the August 4, 2026, Village Council meeting, Lewis invited the current Village attorney, Craig Rolfe, to reveal to the Council that he had wrenched $2,580 out of the Village’s former law firm to pay off the Moore code enforcement debt.
How did he do this? Rolfe claimed that he called the managing partner and alleged that there was no judgment entered back in 2021 and that that was neglect. According to Rolfe the Court failed to enter a judgment against the property owners for the cleanup. His conclusion was that this was the fault of the Village’s former law firm.
Rolfe based this on the language of the Order Enforcing Ordinances dated December 21, 2020, which provided:
“… the Court shall enter judgment in favor of the Village and against the Defendant in the amount of the costs of removal and disposal upon presentation of documentation of the costs of the same; which judgment shall be collectible by the Village in any legal manner, including as if, and in the same manner as, a tax upon the real property …”
and went on to say:
“The repayment of costs may furthermore be secured by recording a copy of this Order and a Bill of Costs against the property with the County Register of Deeds.”
But at the August 4 Council meeting Rolfe never revealed how this caused the Village any damage. A fatal flaw if someone has a legitimate claim.
What did cause the Village damage was the failure of “someone” to renew the lien on the Moore property that secured the $2,580 debt. And that failure occurred 120 days prior to September 7, 2026, or roughly the first week of March 2026 – this year. See, MCL 600.2809(4). That was approximately 16 months after Lewis took over as Village president on November 20, 2024. That is, during the period that Lewis has said he’d assigned to Rolfe the duty to work on collecting the debt.
This still left Lewis and Rolfe time to foreclose on the lien that Rolfe claimed to be able to do in his letter to the Moore siblings on November 5, 2025. In that letter Rolfe said:
“The amount due may also be collected by foreclosure of the lien on the subject property.”
Problem with that was and is that MCL 600.2919 forbids such a foreclosure stating:
“There is no right to foreclose a judgment lien created under this chapter (Chapter 600 of te Revised Judicature Act Of 1961).”
That section goes on to say:
“At the time the judgment debtor makes a conveyance … of, sells under an executory contract, or refinances the interest in real property that is subject to the judgment lien, the judgment debtor shall pay the amount due to the judgment creditor, as determined under section 2.807(3), to the judgment creditor.”
The lien could only be satisfied as provided by this statute, not as Rolfe said by foreclosure and sale.
This left the Village without the security of the lien after September 7, 2026, five years after the lien was recorded on September 7, 2021. So, looks like Lewis and Rolfe came up with another plan. That plan appears to have been to hassle the former law firm with a nuisance claim of neglect.
II. A Nuisance Claim
What is a nuisance claim? Nuisance claims are frivolous allegations of fault, injury, and damage. These are intended to harass or embarrass the victim into paying money just to avoid the time, expense, and costs of defending the claim. Staged auto accidents that lead to a claim of damage to a car or personal injury such as whiplash are not uncommon. Other examples of nuisance claims in the news:
- Child to Parent: “If you don’t buy me a PlayStation I’ll call and report you to CPS for neglect.”
- Employee to Manager: “If you don’t give me favorable hours I will tell HR that you have sexually harassed me.”
- Special Interest Group to Business: “If you don’t contribute to our cause we’ll protest your business and give you bad publicity.”
- School Board Member to School Coach: “If you don’t give my kid more playing time I will get you fired.”
Why was Rolfe’s claim frivolous and a nuisance to the Village’s former law firm? Because the Court’s order gave the Village the option of the entry of a judgment or the use of collection through a lien on the property and addition to the property taxes or both.
First, it’s already been pointed out that a judgment cannot be satisfied by a foreclosure sale of the property. It is prohibited by law on a civil judgment.[1]
Second, the title owner and the Moore siblings appear to be judgment proof. That means that the personal property owned by them and not exempted from collection by law is insufficient to pay part or all the judgment. It would be a waste of tax money to pursue a judgment under those circumstances. Something that if Lewis and Rolfe didn’t know, they should have. The Moores have lived in the community for decades and are well-known to most residents. And the property owner obtained a poverty exemption from taxes eight months ago proving that trying to levy on a judgment was and would be a waste of taxpayer money.
In 2021, when the lien was recorded, the Village Council knew those things and so recording a lien on the property provided the best possibility of collection. That’s what the Village’s law firm was instructed to do and did so on September 7, 2021. The Court’s order was recorded and a lien for the full amount of the debt was lodged against the property.
So, why would the Village’s former law firm not tell Rolfe to go pound sand when he asserted that that firm was guilty of neglect?
III. The Village Had The Best
Bauckham, Thall, Seeber, Kaufman & Koches, P. C. has roots in Michigan that go back 100 years. They’ve represented a wide variety of clients, including the majority of townships in Kalamazoo County. They expanded into representing municipal clients decades ago. They serve as counsel for the Michigan Townships Association and have since 1953. They lecture frequently.
As of February 2025, they have taken over the municipal practice of a long-time firm in Bellaire, Michigan. Bauckham, Thall, Seeber, Kaufman & Koches now has clients all over the state from the Detroit area to Kalamazoo to the far edges of the Upper Peninsula. They are not only good lawyers, but they are also wise lawyers.
IV. Resolving A Nuisance Claim
Instead of telling Lewis and Rolfe to take a hike, the wisdom and experience of the Village’s former lawyers dictated the payment to the Village. They did the taxpayers of the Village a kindness.
Whether an insurance company, a small business, or an individual, all are subject to nuisance claims. For most, the natural reaction is not publishable here. After reflection, the victim realizes that it’s going to cost to defend it. Especially if it involves defending a legal claim.
Not only is there the cost of filing fees, discovery, travel, legal counsel, and time away from being productive, for lawyers it means taking away from the time that they can represent their clients and earn a living. And for lawyers that carry malpractice insurance such as Bauckham, Thall, Seeber, Kaufman & Koches, it means notifying their insurance carrier of the claim. That alone, as anyone who has ever had an auto accident knows, leads to increased premiums even if the claim is frivolous.
There is another cost that Bauckham, Thall, Seeber, Kaufman & Koches must certainly have considered. That is the cost to the Village of paying a lawyer to pursue a claim and upon losing it, paying the attorney’s fees, costs, and incidental damages incurred by Bauckham, Thall, Seeber, Kaufman & Koches.
V. Conclusion
We’ve watched Lewis screw the Village ever since he took over as Village President on November 20, 2024. While he has worked against the interests of the residents of the Village during that time, he has now reached out to a third party to make a nuisance claim which could have cost the Village tens of thousands of dollars.
It is time for Lewis to go.
END
[1] The Village had a right to claim the debt as a special assessment which is added to the property taxes. Non-government creditors do not have this remedy available to them. So, if the property taxes are not paid, the special assessment is treated as an unpaid property tax and can result in a sale of the property by the County. But this is only if property taxes are owed. What Lewis and Rolfe found out was that property taxes were not owed on the Moore property and that that avenue of collection was not available to them.
