THE STATE OF NEW HAMPSHIRE

CARROLL,

SUPERIOR COURT

SS.

Edward C. Furlong, III

And Starbrite Leasins, inc
V.

Town of Bartlett. Bartlett Water Precinct and Selectman Douglas Gariand

Docket No. 2i 2-2015-CV-00010

DEFENDANTS' OBJECTION TO MOTION TO RECONSIDER COURT'S

ORDER DATED MAY 11. 2015
NOW COMES the Defendants, Town of Bartlett and Douglas Garland, in his official
capacity as former Selectman for the Town of Bartlett (collectively, the "Towfl'l), by and through
their attomeys, Donahue, Tucker & Ciandella, PLLC, and respectfully submits this Objection to

plaintiff-s' Motion to Reconsrder Court's Order of May 1 1, 2015. The Town states as follows:
1

This Honorable Court has carefully reviewed all of the pleadings and exhibits

submitted in connection with the preliminary injunctive request and has not misapprehended any

point of fact or law in reaching its decision of May I 1 , 20 i 5 '

2.

The Plaintiffs appear to argue in their Motion for Reconsideration that no res

ludicata can be obtained where a constitutional right is implicated'

3.

Such aproposition is incorrect, and not supported in any of the cases providedby

thc plaintiffs. For example, in many crirninal cases, a defendant's Fourth, Fifth and Sixth

Courl
At a prelimi'arv hearing in the matter docketcd Irurlong et al. v. Gene Chandler. Carroll County Supenor

the voluminous pleadings

docket No. 2015-CV-0032. the Court repearedly explained that it very carefully examined
etTorts in
obviousludicial
Court's
l-he
Order.
2015
11.
May
a'd exiribits submittcd by the parlres ur reaching its
Order'
2015
11,
May
Court's
the
merit
of
rhrs regard underscores the accuracv and

DONAHTIE,TUCKER&CIANDELLA,PLLC-ArroRNEYsArLAw
WWW'DTCLAWYERS'COM

OFFICES IN EXETER, ?ORI'SMOLIIH ND MEREDiTII, NEW HMPSHIRE

8OO 565 O5O5 -

a second case after

Amendment rights are adjudicated. Criminal defendants are not afforded

finaljudgmcnt on the matter.l

Putting asicle, ctrguendo, that the coutl's careful order of May 11, 2015 reaches

4.

its entirety. As forthrightiy

the conect conclusion, the statute of hmitations bars this matter in
set out in paragraph 12 (a) of the

Plaintiffs' Motion to Reconsider, the blockade at issue in this

aware of the alleged

matter transpired in November of 2008. The Plaintiffs were obviously

,,blockade", as they filed several lawsuits on that exact issue. As such, the three year statute of
of in the case docketed' Furlonq
limitations has long run relative to the access issues complained
et al. v. Town of Bartlett. et al.,

carroll county Superior court, Docket No' 2015-CV-0010'

excellent Order on
As such, in addition to the grounds set forth in this Courl's

5.

Motion for Preliminary Injunction of May

11

, 201 5, the altemate ground

of statute of lirnrtations

also bars the relief sought by the Plaintiffs'

Court:
WHEREFORE, the Town respectfully requests that this Honorable

Court's Order
Deny the reiref sought in the Plaintiffs' Motion to Reconsider

A.

Dated MaY 11, 2015; and,

Ordel such further relief as is just and equitable'

B.
/l

Datcd

this..r_7.//

daY

of June. l0l 5'

to cases tnvolvrug a
the proposition that res judicata does not apply
F '2d 386 (91h Cir' 1992)' the
982
Comnanr',
insUranc-eTitle
constitutional right rs rnapplicable. In Brown r'. Ticor
u.,ior if the Plainriff u'as denied due process in conrlection
court helcl thar there would be no res judicaru lnl .t-o.r.
rn Brown are
tepresentation by class counsel' None of the issues

t.t. ."r*r,"*,

Haintiffs for

with the class certilicatlon or adcquacy of

applicablc here.

_
AT I.AW
DONAHUE, TUCKER & CIANDELI,A, PLLC8OO'566ATTORNEYS
0506 - WWW'DTCLAWYERS'COM

HMPSHIRE OFFICES IN EXETER, POR]'SMOL.]TH ND MEREDITH' NEW

Respectfuliy submitted,

TOWN OF BARTLETT &

SELECTMAN DOUGLAS GARLAND

By its Attorneys,
DONAHUE, TUCKER & CIANDELLA, PLLC

By:
Christopher T. Hilson, Esquire
NHB #17116
225 Water Street
Exeter, NH 03833
(603) 778-0686
chi I son (@,dtclawyers. com

CERTIFICATION
^

within Objection has this [L- day ofJune,2015, been

forwarded to Edward C. Furlong, III, Pro Se Plaintiff, Peter J. Malia, Jr., E,squire, William G.
I hereby certify that a copy of the

Scott, Esquire and R. Matthew Caints, Esqurre.

Christopher T. Hilson, E,squire

DONAHUE, TUCKER
O5FICES

IN

EXETER, PORTSMOMH

& CIANDELLA, PLLC - ATToRNEYS Ar r.Aw

800.555-0506 WWW.DTCLAWYERS.CCM

ND MEREDTN,

NEW HNPSHIRE