Hogwash Volume 36

Hogwash! Issue No. 36

April 2015
Welcome to Hogwash!


Rosi and Gardner


If this is the first edition of Hogwash! you’ve received it’s because someone you know thought that you would like to receive it and perhaps pass it on to a friend.   


If you enjoy this E-newsletter and know others who you think would like to be on our list or receive a copy by mail, please let us know at info@rosigardner.com   


The highest compliment we can receive is a referral from a friend.   Although we’ve been in business together for more than 12 years and have more than 50 years of combined legal experience experience, we are never too busy to help those you refer to us: your family, friends, neighbors, and co-workers.

What if you can’t get in?

Do you, your family or friends have a hankering to get a little place in the north woods, by a stream or small lake, and not spend a lot of money?


Reportedly any place you are in Michigan is only five miles or less from a body of water and a place on or near the water is a major draw for many of us who love the north.


Folks like you may learn of property that is not listed by a real estate agent and that is at a price almost too good to be true. So, in a moment of weakness, and inspiration you purchase the property – sight unseen.


Then you visit.  The road which you had seen on the hand-drawn map has a gate across it.  You investigate and on further discovery it you find it appears that the seller did not have any deeded access along the road you intended to use.


Fortunately, this happens rarely, but when it does it’s a real predicament for the land’s owner.


Next step: determining whether it’s possible for a court to grant an “easement by necessity” over the land of another individual who simply does not want the traffic.


When considering the option of asking a court to award an easement by necessity consider these:


  • An easement by necessity may be implied by law where a former owner of land splits his property so that one of the resulting parcels is landlocked except for access across the other parcel. However, if the owner inadvertently landlocked himself obtaining an easement may not be easy.
  • An easement by necessity may arise either by grant, where the grantor created a landlocked parcel in his grantee, or it may arise by reservation, where the grantor splits his property and leaves himself landlocked.”
  • To establish an easement by necessity, the land owner needs to show three things:

1. that during the unity of title an apparently permanent and obvious servitude was imposed on one part of an estate in favor of another,

2. continuity, and

3. that the easement is reasonably necessary for the fair enjoyment of the property it benefits.


A claim of easement by necessity would fail if there is no true and absolute necessity or if the claimant is not landlocked even if there is no road into the property. For instance can he or she can get there by boat?


So, if your desire is to purchase property without using a real estate professional and not be blocked from access we suggest a consultation with a legal professional before signing on the dotted line and handing over your hard-earned cash!


If you’re considering a property purchase we can help. Give us a call at 231-941-5878 and let us know you saw it in Hogwash!

Issue: 36
In This Issue

It’s okay if you are a juggler.    



What?!?! It’s illegal, in Boulder, Colorado, for anyone to “…cast, throw, or propel any projectile on the mall.” Unless, that is, you happen to be a juggler. If you are a juggler, you get the benefit of the second section of the statute, which allows such skilled professionals to toss such projectiles with abandon, as long as they are not knives, or aflame (or both!)!


Does kicking around a “Hacky Sack” qualify as “juggling?” A Colorado judge said “No” and upheld the citation issued to a young footbagger. The charge: “propelling a projectile.” Responsible as charged, the judge found, ruling that the Hacky Sack enthusiast was not entitled to claim “the juggler’s defense.”


Well, it sure is a good thing that statute is on the books; can you imagine the chaos, injury and damage that could result from a rogue and reckless Hacky Sack?

Low Supply and High Demand:

The H-1B Visa Problem


Applications for H-1B “specialty work visas” begin being accepted on April 1 each year by the U.S. Citizenship & Immigration Services (USCIS). Just five business days later, on April 7, as was expected by industry insiders, the USCIS announced it had already received more than enough visa petitions to meet the quota for fiscal year 2016.


An H-1B is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in “specialty” occupations, such as engineering, mathematics, medicine, and other positions that traditionally require at least a bachelor’s degree. To protect U.S. workers, employers must pay the foreign worker a wage that is at least equal to the prevailing wages paid to American workers in similar positions. The H-1B visa is valid for up to three years and may be renewed once for another three-year period.


First implemented during the George H. W. Bush administration, the H-1B visa program has evolved over the years. For fiscal years 2001 through 2003, 195,000 visas were available each year. At present there is an annual cap of only 65,000 on new H-1B applications, plus another 20,000 visas for applicants with U.S. postgraduate degrees. Non-profit research institutions are exempt from the cap.


Demand for H-1B visas has skyrocketed over the last few years, to the point where the USCIS now receives well over 100,000 petitions during the first few days of April. The excess in applications has caused the USCIS to institute a “lottery system” to determine which applications will be processed. The result is that employers and foreign workers face great uncertainty and depend largely on luck-an absurd scenario given that the job openings exist, there are specific workers to fill them, and the wages offered will not depress the pay of American workers.


Influential folks like Bill Gates, Mark Zuckerberg, and Condoleezza Rice have called for comprehensive changes in the H-1B visa program, with Rice even calling for eliminating the cap altogether. But until that happens, the editors of HOGWASH will continue to wonder whether Ms. Rice ever associates the artificially low H-1B visa cap with the name of this publication.



Because that’s what National DEAR Day is about. Make reading a priority. Do it today (especially if you did not do it on April 12 and are reading this on the 15th of May or after)!


National DEAR day is celebrated each year on the birthday of Beverly Cleary, the author of many beloved books, including Runaway Ralph and Ramona and Beezus.


Reading can be an escape. Reading can be enlightening. Reading can be terrifying (think Stephen King, or even Guillermo del Toro’s “The Strain” – a book trilogy before it was a TV show.)


Reading can change the way you see the world. Reading lets you see our world, a different world, or many worlds, through another’s eyes.


Reading can make you laugh, and cry. It can bring you hope for the future.


Through reading you can explore the past. You can travel through time, through space, and even across continents. Reading is, undoubtedly, brain food.


Reading together can also be quietly – or perhaps not so quietly – powerful. By reading the same book as others and discussing how it affects you a book club can become a social experience.


Perhaps the most powerful experience that comes from reading together is reading aloud to young people. It draws you closer, helps instill a sense of wonder, and fosters a desire in those young people to read and explore on their own. Here is a list compiled by the BBC of what they consider some of the best children’s books of all time.

So TODAY, at some point before you close your eyes for the night, put everything else aside and lose yourself in the joy of a good book . . . you might just be surprised where you end up!

Who’s on Your Money?


Who do you see on your money?  I mean really, when you pull a piece of currency out of your wallet and look at it, who do you see?  If you are a woman in the United States, you certainly do not see yourself.  Nor do you see any of the women who have gone before you, who built this nation alongside the males whose portraits adorn our currency.


As a matter of history, Andrew Jackson’s visage on the “20,” is ironic at best.  Jackson was strongly opposed to a central, national bank (like, say, the Federal Reserve system, which back the “Federal Reserve notes” we commonly call “bills”).  In 1832, he vetoed a new charter of the Second Bank of the United States and the nature and existence of a federal bank was one of the central issues of the Presidential election that year.


But, Jackson has been on twenty-dollar bills now since 1928.  Who decides whose portrait is printed on our notes?  That’s up to the Secretary of the Treasury.  So, a group has a campaign underway, seeking to put the portrait of a woman on $20 bills by the year 2020 (the 100th anniversary of the passage of the 19th Amendment, giving women the right to vote in America).


Would you like to see a woman on our $20 bill instead?  How about Harriet Tubman?  Eleanor Roosevelt or Rosa Parks?  Or a Native American, Cherokee Nation Chief Wilma Mankiller?  You can learn more, and vote for one of these strong women to appear on one of our most iconic notes, the $20 bill, at:   www.womenon20s.org  

April Special Offer


Are you considering selling your house, without involving a realtor?


Call us and mention “Hogwash! Offer” and we will prepare a Purchase Agreement for you — now or when you reach terms with a buyer – for a flat fee of $475 (condominium transactions and complex terms may involve additional charges).  


(231) 941-5878

Offer Expires 05/15/2015

Karen’s Home Cooking 


Spring is here and the birds are sweetly singing, calling me into the forest. My recipes this month are inspired by nuts, seeds, mushrooms, roots and wild game that we are so lucky to have access to right here in beautiful northern Michigan. Enjoy!


Asparagus and Orzo with Sunflower Seeds


?-3/4 cup sunflower seeds


? cup cream

? cup Parmesan

Shredded carrot


Toast sunflower seeds with a little sesame oil, sea salt and a little sugar.


Steam asparagus and arrange spears on cooked orzo. Add a touch of your favorite hot sauce. Stir the cream and Parmesan together and heat until just warm. Pour warmed cream and Parmesan over pasta. Sprinkle on the toasted sunflower seeds. For a final touch add curls of carrot for color. Makes a beautiful dish.


Wild rice with roasted root vegetables and seared wild turkey breast


Ingredients:Wild rice, veggies, turkey breast


Slice into thick chunks the following:


2 parsnips

2 carrots

2 onions (leeks if possible)

2 fennel bulbs


For the rice: Throw in some dried cherries or cranberries and chopped red onion into your rice. Use veggie or chicken broth for extra flavor and cook according to directions.


While your rice is cooking, roast the veggies in a single layer on baking sheet at 325? then drizzle with olive oil and balsamic. Add salt and pepper to taste.


Liberally sprinkle the breast meat with salt and pepper then pound the meat between wax paper to tenderize. Cut into 1 inch strips. Dip in melted butter with lemon juice. Dip in panko crumbs or flour and fry in your favorite cooking oil until browned on each side. Serve with the rice and roasted veggies. Suggested final touches – lots of fresh parsley and tarragon.



Wild Mushroom Tapenade


1 cup morels (or any wild mushroom)

2 wild leeks (or shallots)

3 tablespoons extra-virgin olive oil

? cup slivered almonds, roasted**

2 tablespoons capers

? cup pitted Kalamata olives

1 clove garlic, crushed

2 teaspoons red wine vinegar

2 tablespoons chopped fresh parsley

Salt and freshly ground black pepper, to taste


Warm olive oil over medium heat in a medium, non-stick skillet. Add mushrooms and shallots stirring often for about 10 minutes.


In the meantime place almonds, capers, olives and garlic into the bowl of a blender or food processor and pulse until very finely minced. Let mushrooms and shallots cool for at least five minutes; then stir in olive mixture. Stir in vinegar and parsley. Season to taste with salt and pepper. Serve warm or cold on toast, focaccia, crackers or bagels. It’s great served with cold chicken or duck.


** To roast almonds, place a single layer on a baking sheet and bake in a preheated 350? oven for 8 to 10 minutes, stirring at least once.



My new favorites tapas:

Brie with black current sauce and chopped Brazilian nuts served on toasted pita triangles. Sprinkle with mint. Pair with orange slices served on the side.

Rosi & Gardner logo

Rosi & Gardner, P.C.
735  S. Garfield Avenue
Suite 202
Traverse City, Michigan 49686

Philip R. Rosi

rosi signature

Email Philip

Gary Allen Gardner

gary signature

Email Gary

Online Marketing Service provided by 
Clever Consulting