Source. 1971, 518:1, eff. Nov. 1, 1973.

Ownership of public spaces, including roads and public squares, is complicated. There is the fee ownership of the land, which might belong to an individual, or which might belong to the municipality, and then there is the right of the public to use or travel over the property, two separate things. For example if you live on an old town road in NH, you likely own the land up to the centerline of the road, even if your deed says the boundary is along the road. But the public has a viatic easement to use the land for travel.

The viatic easement is a common law public right, and the state, claiming the right to act on behalf of the public, has delegated regulation to the city. So it is not a matter of the city claiming to own the land.

Calling it “public property” is simply deceptive as “public property” would mean (in normal English) that it was “property owned by the people”. In reality, it is not public at all since “The City” claims ownership over it and refuses to let the public use it without their permission.

At (my) work the meeting rooms are up for grabs and you reserve one in the online meeting system. Same goes for projectors and call bridges. In earlier days a secretary kept a book. If you want to book a function room for a wedding somebody in the organization that owns the hall does the bookings.

So why shouldn’t there be some sort of system for this public square? Is there anything unreasonable about telling *somebody* in advance and putting your name on it. What if two groups showed up on the same day, each with its own band? This is not out of the realm of reality. I read recently that in Portsmouth just about every weekend some group wants to use Market Square, which entails disrupting traffic, blocking off parking spaces, etc.

And if you agree that some sort of reservation system might be reasonable, then I would ask, why not the city?

Laughing at these buffoons is an appropriate response in my eyes. Laughing might evoke some feelings in the automatons and they could loose their cool lash out and show themselves for the thugs that they are.

Why is the word ‘COMPLAINT’ capitalized? What is it’s legal definition? What are the components of a legal ‘COMPLAINT’?

Why is the word “MUST” captialized? Does it have a specific legal definition? Does it bear with it an obligation of the “DEFENDANT”? Is this complaint a ‘SUMMONDS’? Doesn’t a summonds have to be filed to obligate someone to attend the court?

Is the court that “You” “MUST” come to and “STATE OF NEW HAMPSHIRE, CHESHIRE COUNTY KEENE DISTRICT COURT 3 WASHINGTON STREET KEENE, NH 03431″ the same entity? There are ton of other questions I have about the court and its authority beyond the point of this post. Continuing…

“THE UNDERSIGNED COMPLAINS THE DEFENDANT:” is also capitalized? What does this phrase mean? Are the “DEFENDANT”, BerNard, IAN”, and “IAN BERNARD” the same person.

Is the nature of the complaint “Use of Railroad SQ” a criminal offense in THE CITY OF KEENE? What is the KCO? Why is this field blank? How, without a KCO, which I will assume means KEENE CITY ORDINANCE, being violated is the COMPLAINT a legal document. The boilerplate above refers to specific Keene City Ordinances referenced by both ordinance number and the capitalization of the description of the ordinance. The complaintant doesn’t refer to any such KCO on the line on which it was to be recorded.

Who is the complaintant? What is the nature of his/her complaint? What rights were violated? What damages occured? Is the CITY OF KEENE” the complaintant? Was the COMPLAINT signed by an officer of the corporation of the CITY OF KEENE? What then is the nature of the complaintant’s STANDING with the KEENE DISTRICT COURT?

What is the nature of the evidence against the DEFENDANT? Again, are there damages? Is there evidence connecting the damages with the actions of the DEFENDANT?

I refer you to the NH rules of criminal proceedure PDF Link. Read specifically Section II Rule 3, Complaint, Arrest Warrant, Summons and Release Prior to Arraignment. The proceeding don’t seem to be following the rules of criminal proceedure. How can the CITY OF KEENE, it’s DISTRICT COURT, or the STATE OF NEW HAMPSHIRE violate their own rules about how they conduct their own business? What authority do they have to bring legal proceedings without a victim or damages? Why does the complaintant get to file the complaint in anonimity? What authority does the district attorney have to file charges without a legal complaint?

There are several other things that may not understand as I don’t live in New Hampshire. Why is this matter being persued in state court, rather than a municipal court, as this is a so-called violation of a so-called city ordinance? I did find that according to the rules of criminal proceedure, if the DEFENDANT refuses to plead the court “shall” enter a plea of not-guilty. The rules keep referring to a “summonds” so I believe Ian must receive a summonds to be required to appear. The word “MUST” doesn’t create an obligation in the “COMPLAINT.”

Let me also refer you to this Legal Dictionary, http://dictionary.law.com Look up the definitions for “complaint”, “standing”, “actual controversy”

I took the time to read over the Rules of Criminal Procedure because in a case brought against me in another state I found after the fact the procecutor and judge didn’t even follow their own rules. To make things worse the attorney I hired never informed me of my rights and allowed me to accept a plea deal that I shouldn’t have.