September 24, 2015
Strafford, DD Superior Court
State of New Hampshire
Town of Lee (TOL)
Veteran Resort-Chapel (VRC)
101 Stepping Stone Rd Lee NH 03861 P# 603-781-3839
Case No: 219-2014-CV-00220
Motion for Summary Judgment
Now Comes the VRC represented by Peter Macdonald Minister, Sgt USMC and 100% disabled as so been Known by this court and TOL. The Constitution, Court Rulings and the RLUIPA law of 2000 place the rights and religious believes of the individual above the right for a town government to not only use zoning to stop unwanted religious beliefs in the TOL but to knowingly inflict harm on individuals (in this case Combat U.S. Military Veterans) to stop these U.S. citizens from living in Lee NH on church grounds. The purpose of any court is to protect the individuals against government dominance as in this case it would appear a special class of Lee residents are using zoning and the power of government to keep homeless U.S. Military Veterans from their neighborhoods. Discrimination in this case is so rampart as the TOL uses discrimination against the VRC to single us out as a means to inflict hardship and win by attrition. As follows;
1. That the TOL zoning ordinance discriminates against churches as Article V Residential zone A. Permitted uses line 5 singles out churches to be approved by the Planning Board site review. St. Benedict Center V. town of Richmond et, al, (NH Superior Ct 10/23/0 “Houses of worship are not directly allowed in any of the Town’s zoning districts without a special exception. Which restricts right to religious speech, assembly, and practice”. “The court found this persuasive because it gave the board excessive power”
2. That the VRC is a church or religious assembly since 1980 and is protected by our Constitution Part First, our U.S. Constitution and many rulings of the U.S. SC and NH SC.
a. The TOL has a copy of my Minister document recorded in Strafford County Deed of records 1980 when my ministry began and has continued many days of the week since 1980 with services held at the living places of homeless veterans around the state of NH
b. The VRC is registered with the U.S. Federal Government as a 501-c-3 with the mission from God to help homeless U.S. Military Veterans. The TOL has a copy of the VRC 501-c-3
c. The VRC is registered with the NH Secretary of State as a non-Profit Church with the mission from God to help homeless U.S. Military homeless veterans
3. That the facts of this case will support the statement by the Lee Selectmen that “We are a community of Professors and UNH support staff and we do not deserve homeless in our neighborhoods”.
a. That the Lee Selectmen refuse to recognize the VRC as we have applied to the selectmen many times for such approval. 8/18.15 is the most recent denial
b. That the Lee zoning board has denied the VRC many times
c. Lee site review before making a decision keeps running up our expenses in a needless manner to win by what appears to be attrition.
d. TOL has denied Tax-exempt Status for the Veteran Resort-Chapel once again in a manner that is not consistent with NH laws, RSA and practices. TOL are quoted, as we do not meet the four-part test by Elder Trust of Florida, Inc V Town of Epsom (NH Supreme Court No. 205-706). (1) The institution or organization was established and is administered for a charitable purpose: We the Veteran Resort-Chapel are a 501-c-3 non-profit, registered with the NH secretary of state as a non-profit doing business through our church to help Homeless U.S. Military Veterans with preference going to Combat Veterans. All money goes to pay the way for these brave men and women. The Veteran Resort-Chapel owns the property free and clear. The purpose is totally public for that is where our church members come from. Our building is open to the public 24/7 as the TOL is well aware of. (2) an obligation exists to perform the organization’s stated purpose to the public rather than simply to members of the organization: The Veterans Resort-Chapel is made up of the general public as a church and our mission from God to help Homeless U.S. Military Veterans with preference going to Combat Veterans. Our Chapel is open to the public 24/7 as the town is well aware this winter homeless Veterans walking in Lee NH were directed by the Lee Police during storms that the Chapel door was open for them to seek shelter from the storm. Two such Homeless Veterans did stay one night each until such storm ended. Many times a week year round many Veterans and US citizens go to said chapel to pray or what ever. We have a homeless Veteran living on site, as the TOL is well aware of. (3) The land, in addition to being owned by the organization, is occupied by it and used directly for the stated charitable purposes; The TOL is well aware because they have a copy of the deed to 101 Stepping Stone Rd and it was given free and clear by Peter and Agnes Macdonald to the VRC for the express purpose to be a church with the mission from God to help homeless U.S. Military Veterans with preference going to Combat Veterans. The property in question is used for no other purpose, as the TOL is well aware of. (4) any of the organization’s income or profits are used for any purpose other than the purpose for which the organization was established. My wife and I have close to if not over four hundred thousand into this mission from God to help Homeless U.S. Military Veterans with preference going to Combat Veterans. All the money goes to help the Veterans and no other purpose. Our Tax books are open for public viewing. For the TOL to make such a false statement with all the facts in the TOL presents demonstrates the discrimination and acts of harm by the TOL in this case.
4. The TOL is trying to stop the VRC from existence by attrition running up our expenses)
a. This frivolous court case.
b. Zoning Board expensive
c. Refusal of tax-exempt status for a church.
d. Needless Site Review expenses
e. Constant stop work orders from building inspectors office.
5. The TOL has knowingly with intent to harm Homeless and /or disabled Combat Veterans has acted in a criminal manner to discriminate against our church and our mission from God to help (mentally and/or physically) homeless U.S. Military veterans come home if at all possible. We have 25 years of experiences as shown by our ministry.
a. The TOL has fined the VRC for having a sign on VRC property free standing personal property telling our members the “VRC” is here. The TOL should have been aware of the Arizona case “Reed V. Town of Gilbert, Docket No. 13-502 that clearly makes signs on public streets as described in that case does make signs on personal property such as the VRC legal. To go even further removing the signs placed a “Substantial burden” on our members taking away our guaranteed constitutional rights to free speech, our right to quiet enjoyment of our own property and our right to equal treatment. The TOL never even responded to our request for a Compelling Government interest or that it is the least restricted means.
b. The TOL interprets the Zoning ordinance different for the VRC than other properties in Lee NH. The TOL agreed if the VRC took the sign from being readable in the front of the VRC property then the TOL would make all other properties in Lee NH do the same as so agreed to in the stipulation that the TOL refers to (Line 15). The clear act of discrimination to intentionally harm our church by the TOL cannot be tolerated. As follows:
1b. 100 Stepping Stone Rd across the street from the VRC property has over 48 Sq feet of signage on his van parked in his driveway 18 hours a day, 7 days a week. The TOL claims signs on the vehicle are exempt, yet signs on a scrap piece of plywood leaning against a flag pole 16 Sq feet giving church members direction on church property are illegal. The same ordinance interrupted different by the TOL for the VRC than others. This is discrimination.
2b The same house at 100 Stepping Stone Rd on the front of the house is a sign that the house is Jewish or that they have a child in the Army. The same house has a sign visible from the rd by the door of the donkey shed telling of the door location.
3b The apartment building a few houses down the street on Stepping Stone Rd has a sign for a business from a different town about 25 Sq feet, less than twenty feet from the rd.
4b The house across the street from this apartment building has a sign about 25 Sq feet, less than 4’ from the rd of a business from a different town. This same house has a 48 Sq foot sign of picnic tables made on site and for sale. This same property has a sign at the end of Stepping Stone Rd less than 5’ from Rt 125 telling the public of its business location.
5b Allen’s Garage at the end of Stepping Stone Rd has a sign of about 25 Sq feet, less than 20’ from Stepping Stone Rd telling the public of Planet Cloths drop site, a business from a different town.
6b Eliminator business just up the road has many signs attached to the fence and other signs located on their property all bigger than the VRC temporary sign.
7b The Lee Race track as do most other businesses and properties in Lee NH have signs of one type or the other on their properties where as only the VRC is held to a different standard than all others. Discrimination is against the law and this is discrimination.
6. The TOL did order two homeless U.S. Military Veterans evicted from 101 Stepping Stone Rd Lee NH, VRC church property. To order church members that are homeless from church property violates the Separation of church and State. The evictions violates the U.S. SC making it clear in the case of Fifth Avenue Presbyterian church V. City of NY docket No. 02-0773 that homeless cannot be evicted from church property. For the TOL to knowingly with intent to harm violate our Constitution, laws, and court precedence case law cannot be tolerated.
a. The TOL approved these homeless U.S. Military Veterans moving to worse conditions at 465 Packers falls Rd Lee NH in the same zone and town as the church property located at 101 Stepping Stone Rd. What is the difference if they live at the church property in respectable conditions or on private property in less desirable conditions? The mission from God is for the VRC to care for these homeless U.S. Military Combat Veterans. To intentionally discriminate against our religious beliefs cannot be tolerated.
7. The TOL ordered portable potties to be placed on VRC property. The TOL then ordered the potties removed. There are no ordinances about removing portable potties rented from a respectable business. The TOL placed a substantial burden on the VRC members for now we have to use a 5-gallon bucket lined with a plastic bag then take the contents left to the Lee dump. Other properties in Lee NH have portable potties located on their property, private homes and business. 452 Packers falls Rd has one less than 5’ from the rd. Craving Coffee has one, the lee racetrack has many, and the Lee circle hot dog stand has one. Portable Potties are a common happening in Lee NH. No one has to even ask the town to have one placed on any property located in Lee NH never mind get written permission from the TOL as the VRC is required. The TOL signed the stipulation but has made no effort to make any other properties live by the same standard as the VRC. This act of intentional discrimination cannot be tolerated.
8. The TOL had a legally registered trailer removed from church property, registered in the VRC name (owner of 101 Stepping Stone Rd said property in this case). The trailer was used daily in our religious practice and was moved to 465 Packers falls Rd in the same zone and town as 101 Stepping Stone Rd with the town knowledge and consent. To inflict such pain and suffering on our Religious practice for any reason is illegal but for the TOL to do it in such a discriminating manner cannot be tolerated.
9. The VRC mission from God and the TOL is well aware of our stated mission from God (to help Homeless U.S. Military Veterans with preference going to Combat Veterans) has caused harm to homeless combat veterans in that (Our Government) Veterans Administration and the Veterans Department of the Portsmouth Easter Seals has called many times to ask to let homeless veterans sleeping in their cars (during snow and other storms) on the streets to move to VRC property in a safer and more respectable environment. The VRC had to refuse these U.S. Military homeless combat Veterans as a result of the TOL discrimination to intentionally harm our Religious Practice.
Where Fore: The TOL has defied the will of the people of the United States of America and the people of NH from President George Washington whom made the statement “How we treat today’s Veterans will determine how many of tomorrows children will defend this great nation”, to the people of NH that wrote a RSA in 1777 and renewed the same RSA in the year 2012 that towns are obligated to help homeless combat veterans at town expense. The TOL in the eyes of any reasonable person not only committed the act of Discrimination with intent to harm but they did it with Malice. The TOL knew that I was 100% mentally and physically disabled and that the VRC could not get an attorney (for money reasons and not one attorney had the time or money to take such a case) so the TOL allowed a mentally and physically disabled person to represent the VRC in what appears to be to take advantage of said mental and physical state as a means to benefit the TOL so the court could over look the clear and intentional violations of our Constitution, RSA’s and the will of the people. The VRC has a mission from God to help homeless U.S. Military Veterans with preference going to Combat Veterans. Peter Macdonald with a TBI (no memory of my past life or experiences) was sent to combat and during one convoy somewhere in Vietnam did find a Combat God as I laid in a ditch to avoid enemy patrol inches from stepping on me. Many Combat Veterans find God in their own way and the resident of Lee NH cannot be allowed to tell these Combat Veterans that our VRC is not welcome in Lee NH as any reasonable person could intrepid their actions in the case. This is why the VRC is asking this court to in a summary judgment;
1. order the TOL to accept the VRC as a church and refund all money paid to the TOL for any reason by the VRC refunded.
2. order the TOL to pay 12 Million dollars to the VRC in damages and harm to homeless U.S. Military Veterans as the TOL knowingly with Malice did try to stop the VRC mission from God to help said veterans.
3. That if the court cannot rule this case as asked that a jury be assembled to hear this case at once for to intentionally harm any person that the TOL does not think deserves to live in their community cannot be tolerated. To allow the TOL to continue to harm Homeless Combat Veterans is unspeakable, even if the TOL thinks their class of people does not deserve we the homeless Combat Veterans should live near them.
I am a nobody that served in the USMC during a conflict and came back with serious mental and physical disabilities from said actions during and in said conflict. I do not have the knowledge or ability to follow the protocol required by the court for any individual to seek justice but I so represent the VRC in their mission from God. The facts in this case as deplorable and unconceivable as it may be are true and if the people are to have any faith in justice cannot be allowed to continue. We the Combat Veteran deserve no more than any other person under the guarantees of our Constitution but we deserve no less either. I ask this court to under the Americans with Disabilities Act to let my errors in presentation and protocol to not be used to let the wrongs of government harm any more combat veterans.
I submit this case this 24 day of September 2015
Peter Macdonald Minister, Sgt USMC.