Preview:

STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v DAVID ANTHONY CYNAR, Defendant-Appellant.

UNPUBLISHED January 12, 2006

No. 257848 Washtenaw Circuit Court LC No. 99-011994-FH

Before: Bandstra, P.J., and Fitzgerald and White, JJ. PER CURIAM. Following a bench trial, defendant was convicted of ten counts of encumbering real property without lawful cause, MCL 600.2907a(2). He was sentenced to three years' probation. Defendant appeals as of right, and we affirm. I In 1996, defendant sued the village of Dexter and Scio Township for damages resulting from the municipalities' alleged negligent operation of the municipal sewer system, which caused the sewers to flood into defendant's basement. Cynar v Village of Dexter, unpublished opinion per curiam of the Court of Appeals, issued January 23, 2001 (Docket No. 218104). The jury awarded defendant $13,475. Id., slip op at 2. Shortly after trial, defendant sent the village of Dexter a document entitled "Waiver of Tort." As described in the unpublished opinion, id., slip op at 5: The document claims to create an implied contract with anyone who "VOLUNTARILY CHOOSE TO INJURE OR OTHERWISE TRESPASS ON THE PERSON OR LAWFUL PROPERTY OF" [Cynar]. It further purports to establish damages in the amount of $1,000,000, payable in gold, for the first such trespass or injury, $10,000,000, also payable in gold, for subsequent incidents (and $100,000,000 if the incident results in death, dismemberment or physical injury to [Cynar]). Several weeks later, defendant sent a letter to the president of the village of Dexter demanding $61 million in gold. Id. Defendant claimed, among other things, that the village of Dexter violated the Waiver of Tort by displaying a foreign flag and passing it off as an American flag while in session, and by denying or partially denying Freedom of Information Act requests. Id. -1-


In conjunction with his Waiver of Tort, defendant filed approximately two dozen liens with the register of deeds against the property of various individuals involved with the village of Dexter or Scio Township. Id. The trial court in that matter declared all liens arising out of the "Waiver of Tort" invalid. Defendant was bound over on twelve counts of encumbering real property without lawful cause, MCL 600.2907(a)(2), a felony. Defendant moved to quash the bindover on the basis that defendant did not encumber the properties because defendant did not perfect the liens according to MCL 565.25. Defendant also contended that his failure to properly execute a Waiver of Tort "[did] not render his attempt to secure payment of the judgment awarded him unlawful, nor [did] it establish he intended to harass or intimidate." The circuit court denied the motion to quash stating: I mean, if they're filed and the testimony at the hearing

Download PEOPLE OF MI V DAVID ANTHONY CYNAR.pdf

Michigan Law