The Dive!

[Mr. V]

Does the city of Laconia have the legal right to dictate where / whether the Dive barge can or cannot be tied up to a dock at the Weirs?

That is the question.

Attorney Woodbury challenges the city of Laconia's action based on an allegation of lack of jurisdiction and failure to provide proper notice.

In raising the challenges he's done nothing "wrong:" jurisdictional questions are fundamental, bedrock-like issues that underlie all administrative actions, and if the city acted beyond its authority it did so wrongly.

Let the courts decide: after all, that's their job.

At this point the issue is not whether the Dive is a nuisance, or whether it blocks someone's view; the question is whether the city of Laconia has the power, whether it has any legal business, in weighing in on the matter.

Here's a question: does the city of Laconia also feel it can regulate and has it in fact regulated where and/or whether the Mount Washington can tie up at the Weirs?

If so, what is their legal authority for doing so?

I suspect the answer is out their somewhere, buried in state statutes, regulations, and court decisions.

It will be interesting to follow this case.