Bartlett Corruption Suit

                                                

The Bartlett Corruption Suit webpage is designed to archive the scheme being committed by the Town of Bartlett through it's two selectmen, Gene Chandler, and former selectman, Doug Garland; and Bartlett recreation director Annette Libby (who Garland hired from out of town) to assist in the selectmens' scheme against Ed Furlong, and his two businesses: Abenaki Cabin Rentals and Lil' Man Snowmobile Rentals and Tours.                                   As it may appear questionable for such a collusion to transpire between two town servants, against one citizen,  it is not impossible,... and has transpired. Selectman Doug Garland has two like-in-kind businesses of his own that compete directly with Ed Furlong's  Concerns. These two businesses are Mountain Home Cabin Rentals and Bear Notch Ski Touring.

The following links on this page will take the reader to the various evidence that Mr. Furlong has collected against former Bartlett selectman, Doug Garland, and Garland's friend and associate selectman, Gene Chandler. Machinations against Ed Furlong and Ed's aforementioned premiere businesses perpetrated through the small 3 member board of Bartlett selectmen.  The Selectmen Scheme: the most simplest, covert thing to hurt, in the selectmens' arsenal is stonewalling a building permit request; A process that usually -- in a small cabin case such as Ed's -- would be approved automatically.  Ed has gathered solid evidence that the reader can now see for themselves what these two rogue Town officials of Bartlett have done to destroy one man's life, acts so malicious and wanton, that one has to stop and think, why,..how could one selectman get another town official involved with such deliberate underhandedness. (Selectman Chandler and Garland are childhood friends).

The Town of Bartlett's Request for Findings of Fact and Rulings of Law filed in the Northern                 District Court in Carroll County, New Hampshire on January 18, 2012.

CLICK HERE TO VIEW DOCUMENTS

The property that Ed Furlong owns in Bartlett, New Hampshire has been a 'very small' lodging business since at least 1890. There is an Inn to the front of the property that comprises 2 one bedroom suites; and 4 one bed-room cabins to the rear of the property. In 2008 Ed decided to "spruce up" one of the cabins with a new coat of paint, replace some old siding and retrofit some new windows and replace old roof shingles. Not changing the footprint at all of the cabin which then would not require a building permit, but instead filed a "Notification Form for Minor Changes to Property" with the Town of Bartlett offers as an alternative to a building permit, as seen here, which is required for "minor changes to property which do not require a building permit, but may change the assessed value". The town even gives examples requiring this form as a change in "the type of siding on the house or replacing a roof". The Town of Bartlett subsequently decided that the Notification Form was not sufficient for Mr. Furlong, and required Ed to submit a building permit application, then when Ed complied with these request, was summarily denied his building permit application. Mr. Furlong went ahead and finished the work anyways and the Town of Bartlett filed a lawsuit against him. This lawsuit was dismissed by Judge Albee in the Northern District Court of Carroll County, as seen in this Order by clicking here. The Town of Bartlett then filed an appeal to the NH Supreme Court and the case was overturned in part and remanded back to the Northern District Court of Carroll County, in front of Judge Albee again. The Town of Bartlett is suing Mr. Furlong for almost $362,000.00 (now $400,000,00+) for painting and re-shingling a cabin.  This is a revenge scheme because just a week before the Land Use violation was issued on Mr. Furlong, Ed's then attorney, Randall Cooper, filed a lawsuit against the selectman pertaining to a separate tortious interference where the selectmen closed off a class vi roadway without warrant article that serviced Ed's two businesses that were competing directly with selectman Garland's two businesses. Are you starting to see the whole picture yet? If not, read on,...

                                    THIS IS WHERE MOST ALL COURT DOCS ARE: UPDATED REGULARLY. 

Update: 01-26-12 motion filed to (accept late filing for new hearing) by Ed to reschedule hearing,... Ed was not served; 

01-27-12 motion to object filed by town's attorney

01-30-12 motion filed by Ed (Response to Plaintiffs' Objection to Defendants Motion for New Hearing).

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Mr.Furlong's building permit application, submitted/denied  vs.  Mrs. Garland's,... mother of Bartlett Selectman Doug Garland,... application, submitted/approved.   Compare building permit applications, You decide!

CLICK HERE TO VIEW DOCUMENT

As the reader can see, Mrs. Garland (Doug Garland's Mother) was applying to build an entire cabin that had burned to the ground at their business, 'Mountain Home Cabin Rentals'. Mrs. Garland submitted a building application to her selectman son, Doug, that was clearly -- near-identical to Mr. Furlong's permit -- for Abenaki Cabin Rentals; certainly no better. This was approved by her son, selectman Doug Garland. However, Mr. Furlong was continually denied a building permit. Ed found out later that he did not even need a building permit, as he was only required to file a "Notification Form for Minor Changes" to his property. 

The State of New Hampshire Supreme Court Accepts the Appeal and Asks the Town to enter mediation with Mr. Furlong (Selectmen decline to mediate).

CLICK HERE TO VIEW DOCUMENT

After the Honorable Judge Albee ruled in favor of Mr. Furlong, the Town of Bartlett pursued this building permit case against Ed to the NH Supreme Court. This means that the Town of Bartlett thought that it was important enough to spend additional tax payers money for attorney fees. To pursue this case by the two selectmen, a 50+ page appellate brief was drafted and submitted to the Supreme Court by the selectmens' (Towns) attorney. 

THEN...the Bartlett Selectmen have the official-fatuity to complain about the high legal fees that the Town of Bartlett faces in both their 2006 Annual letter, and their 2007 Annual letters as seen here in these excerpts from the Annual letters written by the Bartlett Selectmen.

 And as seen here in the 2008 Annual letter from the Bartlett Selectmen.

              The town chose not to mediate with Ed and instead wanted his blood at the tax payers expense!

    Mediation, for use of a better term, is a way to spend less time litigating in court between plaintiffs and defendants in a civil case and, is recommended by the court in most cases involving issues such as building permits, land use disagreements, etc; this in turn produces a less costly outcome for both parties, which in turn is less costly for everyone. To put it in plain english, this is where the two opposing parties (ie.,Ed Furlong and the Town of Bartlett/selectmen) would've sat down at the same table with a Mediator (third party) to discuss their problems, disagreements and sometimes come to a happy ending for both sides by making some sort of concession with each other; however, Ed Furlong was never approached by the town/Selectmen or  their attorney(s) ( Donahue, Tucker & Ciandella, PA ) to mediate. The Selectmen did use the town's attorney(s) on every front to deal with Ed. They would deal with Ed directly when they were scheming: spending more money from the tax payers pocket to fight Edward Furlong (also tax payer) for this cabin permit scheme, and drag him through the court system even further after judge Pamela Albee dismissed the case in favor of Ed. They set aside any thoughts to mediate with him, even after the court had recommended it for all parties to enter mediation (see above link). Instead, the two selectmen have taken this case all the way to the Supreme court, and consequently, spawning yet another law suit against the town by Ed Furlong. Spending more of the tax payers money. Edward Furlong will not permit injustice through a fraudulent building permit scheme against his person, and family.  Invasion of privacy, reckless disregard for property interest, among other improprieties too numerous to mention here. 

The selectmen used a private citizen, as code enforcement to submit photos of Ed's property. This man's name is Stephen Libby, husband to the recreation director, Annette Libby. Ed mentioned her earlier. Stephen Libby had no certification or license from the NH Fire Marshall's office, or any other agency for that matter, that would allow him the authority to inspect what is Ed's commercial property. In fact, Mr. and Mrs. Stephen Libby had invested their own money in a property adjacent to Ed's small commercial track, known as the Black Fly ball-field. 

                                         Land Use Citation from the Town of Bartlett

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This is the Land Use Citation that was issued to Mr. Furlong because he didn't have a building permit that he never needed. OH WAIT, the building permit that was conspicuously denied twice, three times if you include the Minor Modification Form, that too being denied. This -- unequivocally, corroborates the other evidence Ed has accumulated through the years that a Land-Use scheme was perpetrated by the two selectmen in retaliation for Ed's earlier lawsuit filed by attorney Cooper (Ed's former attorney). And this scheme augmenting selectman Garland's financial interest in his own Cabin Rental business.

Old Abenaki Motel Brochure.

CLICK HERE TO VIEW DOCUMENT

Click here to see the Notification Form for Minor Changes to Property 

Click here to read how Annette and Stephen Libby describe the Cabin as a SHED!  

Judge for yourself...click here to go to the Photo Page and view the Old Cabin vs. New Cabin pictures.  

Mr. Doug Williams, previous owner of Ed's property, owned and operated The Abenaki Motel from 1963 until 1992. He specifies, in an old brochure, that: you can stay "in one of our Modern Housekeeping Cottages for one week, two weeks or the whole season...or stay a shorter while in one of our delightful Family Motel Rooms". There are clearly two very different types of lodging units available, the motel rooms and the cottages (ie., cabins). The Town of Bartlett argues (poorly) that the cabin that Mr. Furlong remodeled was a shed before he started working on it. This is absolutely untrue, and possibly perjured testimony by a public official. The cabin already had a kitchen, a bathroom and a living area. The cabin was already piped for water, wired for electricity, had propane and septic. Just in need of a cosmetic make-over, that's it.  Mr. Furlong merely gave the cabin a 'face-lift' and therefore did not need a building permit from the Town of Bartlett. Worthy note: if you zoom in to the older white cabin you can see the exhaust manifold protruding out the left side from the cabin's interior "wall heater", this cabin was used year round. I belong in Federal Court with this case, I have exhausted all my state court remedies. I will be by-passing the US Supreme Court and head straight to the Federal District Court of NH, at Concord; sounding and giving rise to a 'Rooker-Feldman Exception,' based on fraud, not in the state court proceeding, but extrinsic to the state court proceeding. I ask this bankruptcy court to take judicial notice, if you please. I am hoping to have something filed with the Federal District Court by January 31st, 2017, which is when the scheduled, next 321 hearing is. However, it will be filed post discharge of bankruptcy and not sooner.

 

 

Letter from the Bartlett Selectmen in 2007 telling Mr. Furlong that snowmobiles are not allowed on the ball field

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This letter shows that the Town of Bartlett never told Mr. Furlong that he could not use the "public roadway" between his property and the Black fly ball field, it just says that he and his customers cannot use the ball field to ride snowmobiles on, the Selectmen specifically say that the "field area" is not to be used. In fact, what the Selectmen actually say is that the "field area is NOT to be used by you or anyone else during the winter or any other season." This is a ridiculous statement! No one can use the ball field? What is the point of even having it then? What the Bartlett Selectmen are really saying to Mr. Furlong is that HE is not allowed to use the ball field, period, for snowmobiling or anything else, or use it in any season. If this doesn't tell all, what does? Worthy note: Bartlett has at least two other ball fields, the primary ball field is at the Josiah Bartlett school, the other one is down off Westside road. Below is pictures Ed submitted showing how he put up orange poles to keep people from entering the "ball field" in the winter time. In fact, Ed tells how he has always told other snowmobilers to stay off the ball field. As you can see this is not about ball fields, it's about the selectman discriminating and hurting Edward Furlong. It's about a single class VI road next to the ballfield (ROW) that gave Ed's businesses access to the National Forest and the rear of his property where he has 4 rental cabins that Doug Garland was jealous over, can you believe this (expletive)!!!! HELP! According to RSA 231:43 it's against the law for the selectmen or any town official to Gate and/or lock a class VI road without town vote; it goes on to state that all abutters have certain protections to guarantee there uninterrupted access, and Doug Garland ( selectman) and Annette Libby (Bartlett Rec Director) arbitrarily blocked this off with malice and intent to hurt Edward Furlong's businesses.

This is the letter that Timothy Connifey believes gave him the right to arrest Mr. Furlong for criminal trespass on a class VI road. REMEMBER: The tracks from the Sno-Coach were on the "public roadway" not the ball field!!!   

Letter from the Bartlett Selectmen in 2007 showing they have a problem with Lil' Man and Ed Furlong

CLICK HERE TO VIEW THE DOCUMENT

This letter shows that in as early as 2007, the Bartlett Selectmen were unhappy with Lil' Man Snowmobile Rentals. In the business of high end power sport rentals the public is renting very expensive machines and sometimes when they get in an accident and learn just how expensive the machine is, they refuse to pay for the damage they caused. This can lead to an unhappy customer and when some people get unhappy they get angry and when they get angry they lash out at the party they feel is responsible for their unhappiness...the company who rented the machine to them in the first place. Every business is going to have the occasional unhappy customer. 99.9% of the people leaving Lil' Man Snowmobile Rentals are extremely happy and had a great time riding. Lil' Man Snowmobile Rentals is in its 17th winter season and rents to upwards of 100 people a day; or he use to rent that many until the town arbitrarily took his access away;...but as the story goes one letter to the Bartlett Selectmen in this time period of seventeen years represents a pretty darn good record of customer service. But as the viewer can also  see, the Selectmen sound "snotty" in their letter and if the viewer reads the second letter they can see the Selectmen even took it upon themselves to forward the letter to the Mount Washington Valley Chamber of Commerce! Why would they do that if not to try and hurt Mr. Furlong's business? 

Bartlett Selectman's Meeting

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Bartlett Selectman's Meeting

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Doug Garland re-writes zoning ordinances to his own benefit 

Bartlett Selectman, Douglas Garland, rewrote the Town of Bartlett's Right of Way Zoning Ordinance in March of 2008 (without public forum or comment) to further hinder Edward Furlong's business, Lil' Man Snowmobile Rentals, Inc.. By rewording this ordinance, it directly affected Ed's current use of his R.O.W. (Right Of Way) separating his property from the Black Fly Ball Field, owned by the Bartlett Water Precinct where Doug Garland has appointed himself a controllable tool with permission from the 3  Water Precinct Commissioners that comprise the Bartlett Water Precinct's authority .Who are they now: Bob Blake, Matt Howard and David Ainsworth....all personal friends of Doug Garland and members of the "good old Boys" network. These men are violating state law that prohibits this kind of behavior on a "playing field" that's not fair to a citizen(s)... regarding their arbitrary deviation from written RSA's of conflict of interest, due process, oppression and conspicuous/arbitrary alteration of language in existing ordinances without voters approval. See for yourself how the two ordinance below were altered in 2008 to hurt/extinguish Ed Furlong's right of way (ROW) to his property. This is a form of official oppression and violation of due process law from selectmen Doug Garland.

Old Ordinance

New Ordinance 

Letters from Bartlett Water Precinct and Bartlett Selectmen, detailing how they are going to SCAM Mr. Furlong out of his RIGHT OF WAY!!

CLICK HERE TO VIEW THE DOCUMENTS

These letters show how (1) the Bartlett Selectmen set up a deal for the Bartlett Recreation Department to take possession and use of the "field area". In the first letter. the Bartlett Selectmen (NOT the Bartlett Recreation Department) tell Mr. Furlong that he can no longer use the "field area". This is strong evidence that the Bartlett Selectmen (Doug Garland) set this deal up so they could get control of the ball field and shut the Lil' Man down. The second letter is from the Bartlett Water Precinct and tells Mr. Furlong that not only can he no longer use the "field area" but now he wont even "be allowed access to your property through the roadway on our [water precinct] property." Please let the reader be reminder that this is the very same roadway that Mr. Furlong's property has used for over 133 years as access to both the cabins and the well-established multi-use New Hampshire Bureau of Trails' trail system. 

 

                                                DUE PROCESS INFORMATION

Letter from Joe Gill to Mariko regarding the "situation" up on Lil' Man's trails with the snowmobilers and the cross country skiers. This letter shows the reason that Doug Garland is trying to shut down Mr. Furlong's business.

Public Official Ethics and Conflicts of Interest

Letter from the Legislative Ethics Committee to Bartlett Selectman, Douglas Garland and New Hampshire RSAs 673:13 and 14

CLICK HERE TO VIEW THE DOCUMENT

This is the letter sent to Bartlett Selectman Douglas Garland after Mr. Furlong filed a complaint against him for all the illegal and unethical acts he committed against Mr. Furlong. The Legislative Ethics Committee is super polite to selectman Garland, although they are not nearly as polite to Mr. Furlong. The two New Hampshire RSAs that follow, 673:13 and 673:14 show that there is nothing anybody can do about a rogue selectman out to get a citizen and his businesses. Selectmen in New Hampshire are immune to any complaints or proceedings that would have other elected officials ousted from their positions. This has continually been brought to the attention of those that could fix it (New Hampshire Senator John Gallus) yet they do nothing to cure the oversight in legislation. 

Proof the Selectmen knew the Cabin was a cabin complete with a kitchen, bathroom and approved sewage system!