STATE OF NEW HAMPSHIRE

CARROLL.

SUPERIOR COURT

SS

Case

No: 212-2015-CV-0001

Starbrite Leasing, Inc., and Edward C. Furlong III

v.

Town of Bartlett. et al and Bartlett Water Precinct, et al.

SUPPLEMENTAL MOTION TO EMERGENCY MOTION FOR PROOF OF ROADWAY

(request for hearing)

NOW COMES , Starbrite Leasing, Inc' and Edward Charles Furlong III, by and
through, as President, for Starbrite Leasing, [nc., and Pro Se Counsel,, for Petitioners'
(hereafter, Petitioners) and in his Pro Se capacity request this Honorable Court review and
rule on Petitioner's "Emergency Petition Pertaining to a Class VI Roadway" (formal proof
of highway), dated January 28th,2015 and May 14th,2015.
From the outset, Plaintiffs want to thank this Honorable Court profusely, for taking
the time out to "read Plaintiff's many briefs," and volumes of evidence.
Rule:89
RSA 259: 125

Summarv of Statements and Facts

Petitioner's wish to introdu ce Exhibit 1,2,3 and 4 attached; these are people
who represent the general public who have leased a snowmobile or walked into the offices
of Starbrite Leasing and Lil man Snowmobile rental, or walked or drove down the class vi
roadway previously, and their individual signatures were obtained.
1

Z.

This form that these people signed was done in the winter of 200912010. This
happened regarding the use of a 7 5' spur trial that exits on the south side boundary on
petitioner's property because the selectmen, Chandler and selectman Garland ordered the
blockade along the class vi roadway assisted by selectmen employee Annette Libby and

.,road agent.,Travis Chick, at that same time. So these people who are the general public
travel the
signed this petition out of anger over this inconvenience not being permitted to
75' spur trial'
class vi road and were forced way out back of Petitioners property to use a
and/or prescribed
So these people were hurt by the illegal discontinuance of a class vi road
commercial easement. And there is no res judicata on these statutory entities: a roadway
had
and dirty selectmen. So to put Petitioner back to the beginning, indeed Petitioners
property rights, but were told by the selectmen that Petitioners had no rights by way of a
poti..-un, Uut they told the petitioners to sign this thing called a TAA. with Petitioner
ior1n". unscrupulous lawyer, it was signed in an l lth hour deal; but no there was no
are
compensation to the petitioners because they had rights prior to it's signing; but there
many unscrupulous problems that exist with the TAA's mere existence. Petitioners, if
indeld they had constitutionally protected property rights prior to the signing of that bogus
TAA (and Fetitioner is not going io cite case law here) than we are speaking of fundamental
constitutional protected properly rights that were denied Petitioners and this Honorable
here
Court knows this fact of law. Than "Huston" we have some serious violations

committed by Defendants.

This class vi roadway is a matter of law and has nothing to do with what is
called a TAA or temporary access agreement and/or a res judicata claim by defendants.
a, b,
Nothing in the]AA reference, u .oud*ay but a trail on exhibit A that goes from "point
c and then d." Petitioners
.s might have spoke of their rights to a roadway and did have that cause of action in a 2008
hearing
suit attorney Cooper filed but it was never supported by an argument or formal
what is statutory: a
because attorney Cooper "non-suited" the case, you can not non-suit
in this instance' Plaintiff
class vi road; There is no res judicata or estoppel, it does not apply
until the
never found out statute law protecting roadways and prescribed easements existed
fall of 2012'
reporl was finished by petitioner second attorney and Exert, Paul Alfano in the
emergency
Aitorney Cooper certainly didn't believe it was a road or he would of filed an
but no TRO
TRO like this petitioner did. So attorney Cooper puts that as a cause of action
it gets
fbr temporary relief, instead he pulls an 11th hour on his client (Petitioners) and
of the 357 page
signed. The Honorable Judge Houron did not have the "new evidence"
the TAA that it is a valid
aplpendix when he ruled; he based his decision on the language in
He did not have the
agreement. He did not have a motion for "Formal Proof of a Highway."
Now Petitioner
new evidence that supports a disqualification on both these two selectmen.
valuable time if
has this evidence. petitioner, *orlld not be wasting this Honorable Coutl's
petitioners were just hopeful. Petitioners have solid, irrefutable evidence. This Court must
than cross
view the several videos submitted for impeachment evidence purposes only,
reference all the exhibits in the Petition with the 357 page appendix.

3.

4.

There is no statute of limitation on proving a roadway. And this roadway has

been used through adverse possession, and by the public since the year 1896. Attorney
Cooper was found to have a severe conflict of interest by an impaneled ju.y in superior
Strafford County. Selectmen Chandler and Garland have both of their signatures on
"orrrt,
the TAA and plaintiff's have irrefutable evidence to a civil conspiracy while perpetrating
two lntention Torts. All this evidence is in the large Appendix submitted on February 2nd,
Z0lS and exhibited throughout the Petition and many subsequent motions Plaintiff's
submitted. For the sake of argument, Plaintiff's enumerates the reasons why the TAA is
invalid on it's face and body, in it's entirety:
The tort of the blockade happened in November of 2008; the TAA was not signed (under
duress) until February 13,2009.

a.

There was no vote by the town to ratily or authorize a lease or license between the town of
Bartlett selectmen and the Bartlett Water Precinct (see Gene Chandler's Interrogatories in the 356 page
Appendix attached to the within Petition.

b.

The TAA, if read (verbatim) page 1 paragraph 5, it states : "The Town has been granted a
purpose."
license (past tense) to use and occupy the Subject Property by the Precinct for a public recreation
in
seen
Now please see selectman's Gene Chandler's Interrogatories taken after the TAA was signed as
Exhibit no. 5 of the 357 page appendix that was submitted though a separate Petition, same case, to
or
impeach or disqualifu Doug Garland. Here selectman Chandler, emphatically states there is no license

c.

of Bartlett and the Bartlett Water Precinct to authorize the Town of

Bartlett control over the field area, LET ALONE THE CLASS VI ROAD. Now please see
Exhibit no. 7 sttached selectmen meeting minutes where selectman Gene Chandler states
much more is in the 357 page appendix attached to
-hothing is going across road." All this evidence and
lease between the Town

the original Petition dated February 2,2015

(reversing the
Selectmen used police intimidation to coerce Plaintiffs to "seek a burden"
is ahuge
burden) of provingthis long sianding Historical ingress/egress and class vi roadway. This
(356
exhibits
the
that
here
violation acting under color of law, Your Honorable Court. I am stating
Relief
appendix) that were entered into the Court and attached to "Petition for Injunctive and Declaratory
and
depositions
und Du-uges" dated February 2,2015 spells out the corruption and duplicity through
Court.
interrogatories to corroborate at the very least disqualification of both selectmen, Your Honorable

d.

That being the case then a TAA is invalid

If petitioner are permitted by this Flonorable Court to present it's arguments as to why these
of
two selectmen should be sanctioned; then by this the Court will see for at the very least a disqualification
And let the
these two rogue selectmen; and the Huge Conflict of Interest regarding these Petitioners.
anything
beyond"
"terrestrially
petitioner's state right here that the acts of these two selectmen are

e.

"improper."

5.

Petitioner enters Exhibit no. 5 attached: Expert Damage Report by Dr. Author

Kenison, PhD., emeritus, though his damage report was prepared for the Lil'Man
Snowmobile Rental; notwithstanding, the Honorable Court has found in it's last Order
dated May I 1,2015 that Lil' Man and Starbrite Leasing are in privity with one another;
than Petitioners assume that this Honorable Court can "extrapolate" from this report for
damages pertaining to Plaintiff Starbrite leasing. Exhibit no. 6 attached is Dr. Author
Kenisons curriculum vitae.

6.

Petitioner wants to show that, excluding any preclusionary elements regarding a

public throughway, see Exhibit 1 video in the 357 page appendix. In this video the general
public is seen driving on this road, Petitioners have a solid case, if this roadway stays in the
unauthorized control of the Bartlett Selectmen than: no licence, no authority, no town vote
and the town's documented corruption pertaining to the two selectmen through the 357
page appendix.

On June 4th,2015 Petitioner's have a hearing for the disquailification of

selectman Gene Chandler, here in this court. Petitioner will show this Honorable Court then
the hard evidence to corroborate Bartlett selectman Chandler's, at the very least,
disqualification pertaining to Petitioners.
7

PRAYE,RS

WHEREFORE, Citing Superior Court rule 89 Plaintiffs request relief in the form of
a ruling pertaining to a class vi roadway. Plaintiff also wants a ruling on Doug Garland's
disqualification or removal based on the Petition and 356 page appendix, attached.
Plaintiff's hereby request this Honorable Court Grant Plaintiff's relief sought and
a. Stay Courts Order dated

b.

May 1 lrth,2015 pending a final hearing on the merits.

Order such other and further relief as this Court deems just and proper.

Respectfully submitted,
Dated: Mav 18th.2015
Edward C. Furlong [ll, Pro Se
by and through, as Counsel,
and as it's President for: Starbrite
Leasing, Inc.,
PO Box 447 Bartlett, NH 03812

Certificate of Service

I herby certifu that a copy of the foregoing Motion has this 1 8th day of May, 2015, been
forwarded first class mail, postage prepaid, to Chris Hilson, Bill Scott, Peter Malia and Mathew Cairns,
respectively, Counsel for the Defendants.

Edward C. Furlong

III,

Pro Se

VERIFICATION
I, Edward C. Furlong, III, individually, and as President for Starbrite Leasing, Inc., do hereby
the
declare that I have read the forgoing "Emergency Motion fbr Formal Proof of Highway" and know of
contents thereof. With respect to the matters regarding Plaintiffs, Edward C. Furlong

III, Starbrite Leasing,

the same is true to my knowledge except to those matters that are alleged on information and belief; as to
those matters, I believe them to be true.

I, Edward C. Furlong III, declare under the pains and penalties of perjury that the foregoing is true

Canoll
and correct and that this declaration was executed on this 18th, day of May, 2015' in North Conway,
County, New Hampshire.

Edward C. Furlong III, Individually and,

as President of Starbrite Leasing, lnc'

STATE OF NEW HAMPSHIRE

CARROLL, SS
personally appeared before me, on this day of May 18th, 2015, Edward C. Furlong, IIl,
the
individually and, as President of Starbrite Leasing, lnc., and under oath affirmed that the above was

truth to the best of my knowledge and belief-.

Notary Public/Justice of the Peace
My Commission ExPires: