A Calvin man has fi led an appeal after receiving six citations from the Town of Calvin in January. Court documents show that on January 14, the Municipal Court of the Town of Calvin found James M. Treat guilty in six citations. The Court dismissed five other citations. According to documents filed in the District Court of Hughes County, all Citations were based on alleged violations of Calvin Municipal Code provision 3-1-3A, which requires those operating any business, profession, trade, occupation or privilege in the Town of Calvin to be licensed.

According to an Order filed in the District Court, the Town of Calvin appeared through Chief Delbert Dwayne Harden and included witness Stephen Burke. James Treat appeared in person, Pro Se.

The document states that the Court fi nds that Defendant Treat has “carried out activities in violation of the Municipal Code provision 3-1-3A in that he represented to the Town of Calvin for years that he either owns or acts on behalf of CMC Limited. Defendant has attempted to reserve parking outside of his business by painting the curbs, Defendant has asserted previously before the Court that the Town of Calvin enforcing its angled parking ordinances violates his rights to ingress and egress of his business. The Court takes Judicial Notice of two civil cases in which the Defendant has legally taken positions confl icting with his testimony herein: Treat v. Calvin Public Works Authority; SC-2018-40 wherein the Defendant, James Treat, sued either as, or on behalf of, CMC Limited; and Treat v. Town of Calvin: CV-2017-23 wherein the Defendant claims total ownership of Lot 6, 7, 8, 9, and 10 in the Original Town of Calvin, some of which he later testified were owned by CMC, Limited and/or Moolaw, LLC. There is suffi cient evidence presented, and the Defendant’s own actions established, that the Defendant has carried on activities on behalf of CMC Limited, however no such evidence was presented that Defendant has carried on any activity on behalf of Moolaw, LLC other than those actions which are more appropriately attributed to CMC Limited.”

This document states that the Court finds that CMC Limited is now licensed to carry on its business, trade, occupation or privilege in the Town of Calvin.

The document also states the Court fi nds the Defendant Guilty as to six Citations that are listed. The total costs of the six violations are $600. Court Costs are listed as $30 on each citation, totaling $180. The total cost of fines and court costs is $780.00.

The defendant, James M. Treat, was ordered to pay the $780 to the Court Clerk of the Town of Calvin within ten days or the date ordered, which was January 23.

On February 13 a Notice of intent to appeal and appeal from final judgment and order from the Municipal Court of Calvin Oklahoma was filed in the District Court of Hughes County naming James Treat as the Defendant—Appellant.

The document filed February 13 states that “the Defendant believes that a miscarriage of justice was undertaken from pursuant to the Court’s Final Order of Judgment and Guilt.

A copy of the Notice of Intent to Appeal has been provided to the Municipal Court Clerk of the Town of Calvin, according to the document.

The document concludes stating, “Wherefore, the above premises considered, the Defendant prays that this Court request that this Appeal and the records of the initial trial and judgment be Certifi ed by the Municipal Court in Calvin, Oklahoma, and that this Court further grant Defendant a Trial de Novo on the merits of the case.”