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Writer's pictureNH Muckraker

The unelected NH department of environmental services targets Lyndeborough retired firefighter and Vietnam veteran and the Superior Court sides with the state.

7/2/24

The Finch’s of Lyndeborough are being targeted by the NH DOJ on mere allegations by their Town Health Officer and the NH DES. To date, the Finch’s have received no hard evidence from neither the Town nor the NH Department of Environmental Services that their septic system is in failure.


The most recent septic inspection dated August 3, 2023, done by the state chosen septic professional, noted in their report, as a "Special Note” that “although system is functional at this time it was allegedly installed illegally and is under state court mandate to be legally designed and installed.”


The Finch’s have three inspections reports and one septic professional’s deposition, all which state that the system is in fair working condition, yet the state still alleges that Respondents’ system is in failure.


The state’s arguments stand not on evidence and fact but on mere allegations.


The Finch’s had a contempt hearing July 2, 2024 and the judge ordered the Finch's to pay $100 fee per week until their septic system is NHDES compliant. These fees are excessive and an infringement to the NH Bill of Rights Article 33, part one of the State Consitution;


[Art.] 33. [Excessive Bail, Fines, and Punishments Prohibited.] No Magistrate, or Court of Law, shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments.


The unelected NH Department of Environmental Services managed a lien against the Finchs property by bullying the Finch's financial institution ( First Federal Savings & Loan).


The town of Lyndenborough unelected health officer made unsubstantiated and unevidenced statements to the state regarding the Finch's septic system and now their property could potentially and fraudulently be seized by the rogue state of NH.




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