Weary's trail use restrictions Re: Re[4]: [at-l] Trip Report (off trail) update

[daveh@psknet.com (Dave Hicks)]

I'm no attorney, nor do I play one on the internet.

However, if you reach the point that the local officials won't act you might
want to consider filling a Writ of Mandamus.

This an extraordinary writ issued by a court of competent jurisdiction to an
inferior tribunal, a public official, an administrative agency, a
corporation, or any person compelling the performance of an act usually only
when there is a duty under the law to perform that act, the plaintiff has a
clear right to such performance, and there is no other adequate remedy
available.

A lawyer here in SW VA has turned the State on its ear with one over highway
safety, speed limit enforcement, etc on I-81.

Chainsaw

----- Original Message -----
From: "Bob C." <ellen@clinic.net>
To: <at-l@backcountry.net>
Sent: Wednesday, May 01, 2002 2:09 PM
Subject: Re: Weary's trail use restrictions Re: Re[4]: [at-l] Trip Report
(off trail) update


> I'm  beginning  to  think  there  is  a  minor competition among law
enforcement
> agencies in Maine to see who can do the least enforcement of ATV
violations.
>
> I  see  more  passing  the  buck than efforts to solve the problems. After
a few
> hours of researching the law, I've concluded that I know more about the
law than
> either the game warden, or our town policeman.
>
> It's  now  my  concludion that I've been given the run around -- that the
person
> who  registers  an  ATV  is  responsible  for  the  violations  the  ATV
causes,
> regardless of whether he stops long enough to be identified or not.
>
> I've  further  determined that refusal to stop and identify himself when I
asked
> an ATV operator to do so is a separate violation in itself.
>
>  Finally,  the  law  clearly  says  I  can  post against ATV use without
posting
>  against other public use.
>
>  Now  the  problem is to somehow convey this information without p*ssing
off the
>  officers so that they ignore any future complaints.
>
>  Weary
>
>
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