Belmont man, who says town 'fictitious entity,' under court order to clean up property

BELMONT — For going on three years now, the town has been trying to get a local resident to remove junk from his property and abide by local zoning ordinances. But Joseph Griffiths argues that the town has no right to tell him what to do because he says he belongs to a Native American tribe.

The town brought a suit against Griffiths in Belknap County Superior Court in October 2015. The matter is still before the court and a hearing is scheduled for June 20, on a motion to find Griffiths in contempt of court for not complying with a Feb. 21 court order to clean up the property.

In a 2015 court complaint, the town alleged that Griffiths was keeping discarded vehicles and appliances, scrap material and commercial equipment on the property at 121 Brown Hill Road. The complaint also claims Griffiths had constructed an addition to his house, a shed and other ancillary structures without getting the necessary building permits. The complaint further alleged that Griffiths tore down a small dwelling at 149 Laconia Road (Route 106) and then converted a garage on the property into a residence, also without getting the necessary town approvals.

In his written response to the town’s complaint, Griffiths countered the town’s allegations by stating that he has no “contract with the town,“ and that the town and state are “fictitious entities” that have no control over him. He further stated in court documents that his land belongs to the Atara Tribe.

The Atara is not among the tribes enumerated in the list of Native American tribes legally recognized by federal Bureau of Indian Affairs.

Following a bench trial last December, Superior Court Justice James D. O’Neill III ruled on Feb. 20 that Griffiths had 45 days to remove commercial equipment, scrap material, metal and lumber, construction from the Brown Hill Road property. He also ordered Griffiths to remove the addition to the main house. The judge also ordered that no one can occupy the Laconia Road property until Griffiths receives the necessary town permits.

On April 3, Griffiths asked O’Neill to vacate his ruling, to grant him a new trial -- this time before a jury -- and to allow him to appeal the judge’s ruling. On April 10 O’Neill denied Griffiths’ petition in its entirety, stating he had failed to provide “sufficient basis to grant the relief requested.”

Griffiths denies many of the town’s allegations and claims he has been trying to clean up his property.

But on May 11, the town, though its attorney, Laura Spector Morgan, filed a motion to have Griffiths found in contempt of court for not complying with the judge’s February order.

Griffiths filed an objection, arguing that the town is “insisting that I submit to a certain class of men.” He further states that has recently “made changes to the property,” and goes on to allege that the town has “shown contempt toward me and my family.”

On Wednesday Griffiths, standing outside his house, reiterated that he was working to clean up the property at the corner of Brown Hill and Farrarville roads. But he was also defiant about the the move to find him in contempt. “They can put me in jail,” he said.

“Maybe 99 percent of the people think it’s all right to be told what to do. But I’m a member of the other 1 percent,” he said, noting one of his ancestors had lived in present-day Canterbury prior to the Revolutionary War.

Town Administrator Jeanne Beaudin said the town has two other active cases against property owners who are violating the town’s zoning ordinances and planning regulations. She said one case is in the process of being resolved and the town was still waiting to hear from the property owner involved in the third case.