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

[icw39@ncfreedom.net (Clark Wright)]

Well, I AM an attorney - and I'll be darned - have not heard talk about
ye olde Writ of Mandamus in a looonnnggg time! :)  Don't ya just love
the sound of those great, old latin-based writs?  Then there is
certiorari [which actually might apply here, too if there is a record
developed before an "inferior" local government agency], and our old
criminal law friend, habeas corpus . . . there were times on the Trail
when I wanted to seek a Writ of Habeas Corpus to have my body hauled up
before any court <vbg>, or of Ceriorari to have my Trail hiking record
called up for higher court review [ho-ho], and Mandamus would have come
in handy if I could have gotten a judge to order some local sheriff to
bring me a burger, fries and a coke on a few hungy nights! :)

Ain't the law great?!

Thru-Thinker . . . Barrister Par Excellance! :)

Dave Hicks wrote:
> 
> 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
> >
> >
> > _______________________________________________
> > From the AT-L mailing list         est. 1995
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> >
> > Stay on topic!
> >
> 
> _______________________________________________
> >From the AT-L mailing list         est. 1995
> Need help?  http://www.at-l.org
> Archives: http://www.backcountry.net/arch/at/
> Change your options or unsubscribe:
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> 
> Stay on topic!