1st Amended Complaint

THE STATE OF NEW HAMPSHIRE

CARROLL COUNTY. SS

Edward C Furlong, III1455 US Route 3ozPO Box 447Bartlett, NHo38rz

Plaintiff

Town of Bartlett56 Town Hall RoadBartlett, NH o38rz, and

Timothy ConnifeyBartlett Police ChiefRRr Box 49 Town Hall RoadIntervale, NH o3845, and

Annette LibbyBartlett Recreational Directorr5 Meadows DriveMadison, NH o3849, and

Bartlett Recreation Departmentr3r3 US Route 3ozPO Box 363Bartlett, NH o38rz, and

Stephen Libbyr5 Meadows DriveMadison, NH o3849

Defendants

SUPERIOR COURTJanuary 26, zotz

Case No. : zrz-zot-CV-ooz98

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NOW COMES, Edward C Furlong, proceeding in his Pro Se capacity, and for this

Complaint against Defendants, alleges and states as follows:

PARTIES

1. plaintiff Edward Charles Furlong, III is a resident of the State of New Hampshire

and a citizen of the United States of America. Plaintiff Edward Furlong resides at

1455 US Route 3oz, Bartlett, New Hampshire o38rz and may be served pleadings at

that address or by mail service addressed to Edward Furlong PO Box 447' Bartlett'

NH o38rz.

z. Defendant Town of Bartlett receives mail and may be served pleadings at 56 Town

Hall Road, Bartlett, New Hampshire o38rz'

Defendant Timothy Connifey is the Chief of Police for the Town of Bartlett and can

receive mail and be served pleadings at the Bartlett Police Station located at RRr

Box 49 Town Hall Road, Intervale, New Hampshire o3845'

Defendant Bartlett Recreation Department may be served pleadings at Josiah

Bartlett Elementary School located at r3r3 US Route 3oz and receives mail at PO

Box 363, Bartlett, New Hampshire o38rz'

Defendant Annette Libby is the Recreational Director for the Town of Bartlett and

resides at r5 Meadows Drive, Madison, New Hampshire %84g where she may

receive pleadings by service or mail.

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6. Defendant Stephen Libby resides at r5 Meadows Drive, Madison, New Hampshire

qS4gwhere he may receive pleadings by service or mail'

JURISDICTION AND VENUE

7. personal jurisdiction is proper over Defendant Town of Bartlett because it is a

town in the State of New HamPshire

8. Personal jurisdiction is proper over Defendant Timothy Connifey because he

resides in the State of New Hampshire and works for the Town of Bartlett, located

in the State of New HamPshire

9. Personal jurisdiction is proper over Defendant Bartlett Recreation Department

because it is a not for profit association within the Town of Bartlett in the State of

New Hampshire.

ro. personal jurisdiction is proper over Defendant Annette Libby because she resides

in the State of New Hampshire and works for the Bartlett Recreation Department

in the Town of Bartlett in the State of New Hampshire'

11. personal jurisdiction is proper over Defendant Stephen Libby because he resides in

the State of New HamPshire.

rz. Venue is proper in this Court because Defendants Town of Bartlett, Timothy

Connifey, Bartlett Recreation Department, Annette Libby and Stephen Libby work

and/or reside in Carroll County, State of New Hampshire and all Plaintiffs causes

of action arose in Carroll CountY.

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STATEMENT OF FACTS

Plaintiff Edward Furlong moved to 455 US Route 3oz rn Bartlett, New Hampshire

in 1996.

Plaintiff Edward Furlong has worked from 1996 until the present to maintain good

standing in his community as a businessman and as a taxpaying citizen in the town

of Bartlett, New Hampshire.

Plaintiff Edward Furlong started renting snowmobiles to the public in the winter

of ry97-r998 from his property at 1455 US Route 3oz in Bartlett, New Hampshire

and incorporated Lil'Man Snowmobile Rentals in 1998.

Plaintiff Edward Furlong owns and operates a lodging business, Abenaki Inn &

Cabins, LLC, from his property at 455 US Route 3oz in Bartlett, New Hampshire.

Defendant Timothy Connifey became Defendant Town of Bartlett's Chief of Police

in the end ofJanuary in 2ooz.

Bartlett Police Chief, Defendant Timothy Connifey, visited Plaintiff Edward

Furlong at his home located at 455 US Route 3o2 rn Bartlett, New Hampshire on

May r, zoo3 to question Mr. Furlong about his arrest record in the State of Florida.

Bartlett Police Chief, Defendant Timothy Connifey, pulled Plaintiff Edward

Furlong out of the voting line for the presidential elections of zoo4 at the Bartlett

Town Hall, accusing Mr. Furlong of having a warrant out for his arrest in front of

all the other Bartlett residents waiting to vote.

zo. A Bartlett Selectman and representative to the Bartlett Planning Board, Mr.

Douglas Garland, owns and operates two competing businesses, Mountain Home

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Cabin Rentals, LLC and Bear Notch Ski Touring, Inc., one quarter mile from

Plaintiff Edward Furlong's businesses.

zr. There is an interest and affiliation between Bartlett Selectman's (and Bartlett

Planning Board representative), Mr. Douglas Garland, business and Defendant

Bartlett Recreation Department.

zz. Defendant Annette Libby was hired by Defendant Town of Bartlett (Selectman's

Office) to be the Director of Defendant Bartlett Recreational Department

sometime prior to the summer of zoo8.

23. Sometime after being hired as the Bartlett Recreational Director, Defendant

Annette Libby began work on Black Fly Ball Field, located on the Bartlett Water

Precinct property located to the east of Plaintiff Edward Furlong's property.

24. Plaintiff Edward Furlong decided to spruce up a cabin on his property by giving it

some new siding and paint, some new windows and new shingles in the fall of

zoo8.

25. Plaintiff Edward Furlong filed a Notification Form for Minor Changes to Property

on November 5, zoo8.

26. Defendant Town of Bartlett arbitrarily decided that Plaintiff Edward Furlong

would be required to file a building permit application for the minor changes he

was making to the existing cabin.

27. Plaintiff Edward Furlong filed a building permit application on the same day,

November 5, zoo8.

28. Defendant Town of Bartlett denied the Plaintiffs building permit application.

29. Defendant Town of Bartlett recruited Defendant Annette Libby, Director of

Defendant Bartlett Recreation Department and her husband Defendant Stephen

Libby to violate the privacy of Plaintiff Edward Furlong by stalking him, spying on

him and taking pictures of him, his residences, his tenants and his employees on

his own property.

3o. Defendant Annette Libby, Director of Defendant Bartlett Recreation Department,

and Defendant Stephen Libby violated the privacy of Plaintiff Edward Furlong by

stalking and spying on Mr. Furlong, his tenants and his residential curtilage by

sneaking around in the woods on Plaintiff Edward C Furlong's property and taking

pictures Mr. Furlong, his tenants, and his residential curtilage.

3r. Neither Defendant Annette Libby, Director of Defendant Bartlett Recreation

Department, nor Defendant Stephen Libby is licensed in the State of New

Hampshire as a Building Code Officer, a Surveyor or any other land use expert or

officer.

32. Defendant Town of Bartlett filed a Land Use Citation Complaint against Plaintiff

Edward Furlong on December rz, zoo8 based upon Defendants'Annette Libby and

Stephen Libby illegally obtained documentation of Plaintiff Edward Furlong's

property.

33. The Honorable Judge Albee in Carroll County Northern District Court found in

favor of Mr. Furlong on the matter at trial and dismissed the charges against him.

34. The Town of Bartlett pursued the matter to the New Hampshire Supreme Court

where it was remanded back to Judge Albee in Carroll County Northern District

Court.

35. The Town of Bartlett is currently suing Plaintiff Edward Furlong for $344,o25.oo for

making minor changes to his existing cabin.

36. There is a roadway between Plaintiff Edward Furlong's property located at 1455 US

Route 3oz in Bartlett, New Hampshire and the Bartlett Water Precinct land located

to the east of Mr. Furlong's property that leads to the White Mountain National

Forest.

37. Plaintiff Edward Furlong's property located at 455 US Route 3oz in Bartlett, New

Hampshire has been in the hospitaliry business for at least r33 years and its

owners, staff and customers have accessed the forest floor via the roadway

between his properry and the Bartlett Water Precinct property.

38. Plaintiff Edward Furlong's businesses, Lil' Man Snowmobile Rentals, Inc. and

Abenaki Inn & Cabins, have used this roadway for its staff, its customers and the

public to access the New Hampshire Bureau of Trail's snowmobile and hiking trails

system since 1997. The public and other snowmobile rental businesses have used

this roadway to access the snowmobile trails since at least 1988. The public and

patrons of the lodging businesses located at 455 US Route 3oz in Bartlett, New

Hampshire have used this roadway to access the hiking trails since at least 1876.

39. Plaintiff Edward Furlong's businesses are financially dependent upon the use of

this roadway to access both his property and the snowmobile trails.

40.ln the fall of zoo8, with no due process, Defendant Bartlett Recreation Department

placed boulders blocking access from this roadway to Mr. Furlong's property

which immediately decreased the revenues generated by Plaintiff Edward

Furlong's businesses.

4r. The rocks placed by Defendant Bartlett Recreation Department blocked Lil' Man

Snowmobile Rentals, Inc.'s customers from accessing the snowmobile trails from

Plaintiff Edward Furlong's property and blocked Abenaki Inn & Cabins, LLC's

customers from accessing the cabins on Plaintiff Edward Furlong's property.

42. Plaintiff Edward Furlong's businesses have suffered irreparable damage due to his

property's access being blocked by these rocks and both businesses have been

thrust into financial despair as a result of these rocks.

$.AComplaint for a Class B Misdemeanor was filed against Plaintiff Edward Furlong

for Criminal Trespass, violation of NH RSA 635:2, by Defendant Timothy Connifey

on January 23, zoog for driving his Sno-Coach on the public roadway east of his

property.

44. The Bartlett Recreational Department has baseball games and allows other towns

to have baseball games on Black Fly Ball Field located on Bartlett Water Precinct

property directly to the east of the public roadway and Plaintiff Edward Furlong's

property and has never provided the players, coaches, families and fans with any

sort of restroom facilities.

45. During the times that the Bartlett Recreational Department has baseball games on

Black Fly Ball Field, located on Bartlett Water Precinct property directly to the east

of the public roadway and Plaintiff Edward Furlong's property, the public drove,

parked, sat and urinated on the public roadway between the Bartlett Water

Precinct land and Mr. Furlong's land.

46. Plaintiff Edward Furlong routinely documented the fact that there were no

sanitary restroom facilities provided by the Town of Bartlett or the Bartlett

Recreational Department using his video camera because the public used Mr.

Furlong's wooded acreage to urinate and defecate on.

4l.On June r5, zou Plaintiff Edward Furlong was recording the events at Black Fly Ball

Field with his video camera. Mr. Furlong recorded cars parking on the public

roadway east of his property, cars parking on US Route 3oz and cars parking on

Mr. Furlong's property. Mr. Furlong recorded fans at the ballgame holding up a

blanket for privacy as other people went to the bathroom near the wood fence

separating Mr. Furlong's property from the public roadway.

48. On June 16, 2011an old Ford pickup truck with its license plates covered with

plastic bags was seen on Plaintiff Edward Furlong's property.

49. Plaintiff Edward Furlong chased this truck and this truck chased Plaintiff Edward

Furlong in a game of "cat and mouse". During this time Plaintiff Edward Furlong

made numerous phone calls to 9rr.

5o. Plaintiff Edward Furlong pulled into Grant's Supermarket parking lot in Glen, New

Hampshire and the driver of the Ford truck entered the parking lot behind Mr.

Furlong. The driver of the truck got out of his truck and came after Mr. Furlong in

a physically aggressive manner, screaming and cursing that Mr. Furlong was a

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pedophile and that he was going to kill Mr. Furlong. After 15 minutes went by

unknown suspect was gone and Mr. Furlong met Officer Ed Conley.

At this meeting Officer Conley stated to Mr. Furlong that two women had called

the police station to complain that there was a man taking pictures of children at

the Bartlett Water Precincts Black Fly Ball field.

On June 22, zorr Plaintiff Edward Furlong was recording the events at Black Fly

Ball Field with his video camera. Mr. Furlong recorded Bartlett Police Officer Ed

Conley stop in his cruiser and speak with Defendant Annette Libby on US Route

3oz. Ed Conley then drove to where Plaintiff Edward Furlong was standing with his

video camera and velled at him not to "talk to the kids".

53. Defendant Annette Libby called the Bartlett Police to Black Fly Ball Field on June

22,zot t .

54. Defendant Annette Libby told Bartlett police officer Ed Conley that Plaintiff

Edward Furlong was a pedophile and that he was taking pictures of children at

Black Fly Ball Field.

55. Defendant Annette Libby told at least three (3) other people that Plaintiff Edward

Furlong was a pedophile and was using his video and still cameras to take pictures

of children at Black Fly Ball Field. Two (z) of these people called the Bartlett

Police Department and one (r) went to Plaintiff Edward Furlong's home to cause

him harm on June :16, zol;.

56. Plaintiff Edward Furlong has posted the videos he took at the ball field on the

dates in question to his websites, www.shedlight.us and

www.hoboedseditorial.webs.com, to ensure that their validity be preserved.

57. On April 26, zon Erin Myatt, girlfriend to Plaintiff Edward Furlong, had a couft

date in Carroll County for a driving infraction and Bartlett Police Chief, Defendant

Timothy Connifey, was the prosecutor in the case.

58. Defendant Timothy Connifey offered Erin Myatt a lesser charge to plea to and then

proceeded to ask her questions regarding Plaintiff Edward Furlong.

59.On April 26, zol Defendant Timothy Connifey asked Erin Myatt where Plaintiff

Edward Furlong got his discretionary income.

6o. On April 26, zol Defendant Timothy Connifey asked Erin Myatt if Plaintiff Edward

Furlong was involved in a pyramid scheme in the state of Florida.

6r, On April 26, zou. Defendant Timothy Connify told Erin Myatt that Plaintiff Edward

Furlong was involved in a pyramid scheme in the state of Florida, he just couldn't

prove it.

62. On April 26, zorl Defendant Timothy Connifey told Erin Myatt that Plaintiff

Edward Furlong was easier to dealwith when he had a young woman around and

there had been a string of young women around Mr. Furlong before she moved to

his property.

Count r - Against Town of Bartlett, Bartlett Recreation Department,Annette Libby and Stephan Libby

VIOLATION OF NEW HAMPSHIRE RSA 6++:o "VIOLATION OF PRIVACY"

63. Plaintiff repeats and re-alleges paragraphs r-62, as if set forth fully herein.

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64. Defendant Annette Libby is employed by Defendant Town of Bartlett and

Defendant Bartlett Recreation Department.

65. Defendant Stephan Libby is husband to Defendant Annette Libby and holds no

position with either the Town of Bartlett or the Bartlett Recreation Department.

66. New Hampshire R.S.A. S 6++:g (l) states that a "person is guilry of a class A

misdemeanor if such person unlawfully and without the consent of the persons

entitled to privacy therein, installs or uses: (c) [o]utside a private place, any device

for the purpose of hearing, recording, ampli$ting, broadcasting, or in any way

transmitting images or sounds originating in such place which would not

ordinarily be audible or comprehensible outside such place".

67. New Hampshire R.S.A. S 6++:g (lV) states that a "person is guilty of a

misdemeanor if such person knowingly enters any residential curtilage, as defined

in R.S.A. $ 627:9 (l), or any other private place as defined in paragraph II of this

section, without lawful authoriry and looks into the residential structure thereon

or other private place with no legitimate purpose.

68. New Hampshire R.S.A. $ 627:9 (l) defines "curtilage" as meaning "those

outbuildings which are proximately, directly and intimately connected with a

dwelling, together with all the land or grounds surrounding the dwelling such as

are necessary, convenient, and habitually used for domestic purposes".

69. New Hampshire R.S.A. $ 672:9 (lll) defines "dwelling" as meaning "any building,

structure, vehicle, boat or other place adapted for overnight accommodation of

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persons, or sections of any place similarly adapted. It is immaterial whether a

person is actually present".

7o. Plaintiff Edward Furlong and his tenants are entitled to privacy in their homes and

on their property.

7r. Neither Plaintiff Edward Furlong nor any of his tenants gave their consent for

Defendants Annette Libby and Stephen Libby to take photographs of them or their

residential curtilage.

72. The activiry on the Plaintiffs property would not ordinarily be spied upon and

photographed and then broadcast publically.

73. Defendant Annette Libby and Defendant Stephen Libby trespassed upon Plaintiff

Edward Furlong's property, violated his privacy and photographed Mr. Furlong, his

tenants and his residential curtilage at the bequest of Defendant Town of Bartlett's

Selectman's Office.

74. Defendant Annette Libby, Director of Defendant Bartlett Recreation Department

hired by the Town of Bartlett, and Defendant Stephen Libby have no authority to

be violating Plaintiff Edward Furlong's privacy.

75. Defendants Annette Libby and Stephan Libby are not employed by the Town of

Bartlett, County of Carroll, or State of New Hampshire in any law enforcement or

control of land use capacity.

76. Defendants Annette Libby and Stephen Libby admit to and outline their violations

of Plaintiff Edward Furlong's privacy in letters and pictures that they each submit

to Defendant Town of Bartlett's Selectman's Office.

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77. As a direct and proximate result of the Defendants'Annette Libby and Stephen

Libby violations of New Hampshire R.S.A. S 6++:g and Plaintiff Edward Furlong's

privac|, Mr. Furlong has suffered substantial damages.

78. Therefore, Defendants Town of Bartlett, Bartlett Recreation Department, Annette

Libby and Stephen Libby are jointly and severally responsible for the

compensatory and punitive damages Plaintiff Edward Furlong has suffered.

COUNT z - Against Town of Bartlett, Timothy Connifey, Bartlett RecreationDepartment, and Annette Libby

DEFAMATION

Tg. Plaintiff repeats and re-alleges paragraphs r-78, as if set forth fully herein.

8o. Defendant Timothy Connifey is employed by Defendant Town of Bartlett.

8r. Defendant Annette Libby is the Director of Defendant Bartlett Recreation

Department and employed by Defendant Town of Bartlett.

82. New Hampshire R.S.A. $ 644:rt defines committing defamation as, "purposely

communicat[ing] to any person, orally or in writing, any information which he

knows to be false and knows will tend to expose any other living person to public

hatred, contempt or ridicule".

83. Defendant Timothy Connifey made the following untrue statements regarding

Plaintiff Edward Furlong:

a. There was a warrant out for Mr. Furlong's arrest;and

b. Mr. Furlong was engaging in criminal activity, being involved in a pyramid

scheme in the state of Florida.

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84. As a direct and proximate result of Defendant Timothy Connifey making these

untrue statements, Plaintiff Edward Furlong has suffered substantial damages to

his reputation as a good, upstanding businessman and citizen of Bartlett, New

Hampshire.

85. As a direct and proximate result of Defendant Timothy Connifey making these

untrue statements, Plaintiff Edward Furlong has been subjected to hatred,

contempt and ridicule within his community and his personal life.

86. Defendant Annette Libby made the following untrue statements regarding Plaintiff

Edward Furlong:

a. Mr. Furlong was at Black Fly Ball Field taking pictures and videos of children;

and

b. Mr. Furlong is a pedophile.

87. As a direct and proximate result of Defendant Annette Libby making these untrue

statements, Plaintiff Edward Furlong has suffered substantial damages to his

reputation as a good, upstanding businessman and citizen of Bartlett, New

Hampshire.

88. As a direct and proximate result of Defendant Annette Libby making these untrue

statements, Plaintiff Edward Furlong has been subjected to hatred, contempt and

ridicule within his community and personal life.

Count r - Aeainst Town of Bartlett, Bartlett Recreation Department

""a 4"""a," ttUUV

VIOLATION OF NEW HAMPSHIRE RSA 6+l:r "OFFICIAL OPPRESSION"


9o. Defendant Annette Libby is the Director of Defendant Bartlett Recreation

Department and was hired by Defendant Town of Bartlett.

9r. New Hampshire R.S.A. $ 643:r states that a "public servant as defined in R.S.A. $

64o:z (ll), is guilry of a misdemeanor if, with a purpose to benefit himself or

another or to harm another, he knowingly commits an unauthorized act which

purports to be an act of his office; or knowingly refrains from performing a duty

imposed on him by law or clearly inherent in the nature of his office".

92. New Hampshire R.S.A. $ 64o:z (ll) defines a "public servant" as meaning "any

officer or employee of the state or any political subdivision thereof, including

judges, legislators, consultants, jurors, and persons otherwise performing a

governmental function. A person is considered a public seryant upon his election,

appointment or other designation as such, although he may not yet officially

occupy that position".

93. Defendant Annette Libby was hired by Defendant Town of Bartlett to be the

Director of the Bartlett Recreation Department, a not for profit association, and is

a public servant.

94. Defendant Annette Libby knowingly invaded Plaintiff Edward Furlong's privacy

while in the pretense of acting in her duties as Bartlett Recreation Director.

95. Defendant Annette Libby was acting in her capacity as Bartlett Recreation Director

and purportedly assisting with activities going on at Black Fly Ball Field when in

reality she and Defendant Stephen Libby were sneaking around in the woods near

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and on Plaintiff Edward Furlong's property taking pictures and violating the

privacy of Mr. Furlong, his tenants and his residential curtilage.

96. Defendant Annette Libby was acting under the color of her office and knowingly

committed unauthorized acts with the purpose of causing harm to Plaintiff

Edward Furlong.

97. Defendant Annette Libby took pictures of Plaintiff Edward Furlong's property and

submitted them to Defendant Town of Bartlett's Selectman's Office at the bequest

of the Selectmen for the purpose of causing harm to the Plaintiff.

98. As a direct and proximate result of Defendant Annette Libby violating New

Hampshire R.S.A. $ 643:r, Plaintiff Edward Furlong has suffered substantial

compensatory and punitive damages.

Count 4 - Against Town of Bartlett and TimothlLConnifeyFALSE ARREST


roo. Defendant Timothy Connifey is employed by Defendant Town of Bartlett.

ror. The Complaint against Plaintiff Edward Furlong by Defendant Timothy

Connifey was issued maliciously and without probable cause.

roz. Plaintiff Edward Furlong (or a member of his staff) drove his Sno-Coach on the

public roadway to the east of his property only and did not drive on the Bartlett Water

Precinct property known as Black Fly Ball Field.

ro3. Defendant Timothy Connifey told Plaintiff Edward Furlong if Mr. Furlong did

not plead guilty to the Criminal Trespass charge, Mr. Furlong would go to jail.

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to4. Plaintiff Edward Furlong asked Defendant Timothy Connifey if Mr. Furlong

could enter a guilty plea under the Alfred Doctrine. Defendant Timothy Connifey told

Plaintiff Edward Furlong that he could not plead guilty under the Alfred Doctrine.

ro5. Plaintiff Edward Furlong pled guilty to the Complaint of Criminal Trespass

because he was scared that Defendant Timothy Connifey was going to place him in

jai l .

ro6. Defendant Timothy Connifey used Plaintiff Edward Furlong's past as a homeless

alcoholic with a long rap sheet to coerce Mr. Furlong into entering a guilty plea to the

charge of criminal trespass.

ro7. Defendant Timothy Connifey knew Plaintiff Edward Furlong's history and chose

to soil Mr. Furlong's clean record since becoming a businessman in Bartlett, New

Hampshire in r996.

ro8. Defendant Timothy Connifey knew or should have known that the roadway was a

public right of way and Plaintiff Edward Furlong could not be arrested for trespassing

on a right of way belonging to his property and the general public under current

prescriptive easement law.

Count 5 - Against Town of Bartlett, Bartlett Recreation Departmentand Annette Libby

VIOLATION OF STATE DUE PROCESS AND FAIR HEARING LAWS

ro9. Plaintiff repeats and re-alleges paragraphs r-ro8, as if set forth fully herein.

uo. Defendant Annette Libby is the Director of Defendant Bartlett Recreation

Department and was hired by Defendant Town of Bartlett.

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ur. New Hampshire R.S.A. S +l:6 states that "[n]o selectman or other officer shall act,

in the decision of any case, who would be disqualified to sit as a juror for any cause,

except exemption from service, in the trial of a civil action in which any of the parties

interested in such cases was a party".

nz. Article r5 of the Part r of the New Hampshire Constitution states that "[e]very

subject shall have a right to produce all proofs that may be favorable to himself; to

meet the witnesses against him face to face, and to be fully heard in his defense, by

himself, and counsel. No subject shall be arrested, imprisoned, despoiled, or deprived

of his property, immunities, or privileges, put out of the protection of the law, exiled

or deprived of his life, liberty or estate, but by the judgment of his peers, or the law of

the land".

rr3. Article 35 of Part r of the New Hampshire Constitution states that "[i]t is essential

to the preservation of the rights of every individual, his life, liberty, property, and

character, that there be an impartial interpretation of the laws, and administration of

justice".

u4. Defendant Annette Libby, Director of Defendant Bartlett Recreation Department

and employee of Defendant Town of Bartlett, orchestrated the placing of the boulders

that prevented Plaintiff Edward Furlong from accessing the right of way belonging to

his property with no procedural due process.

u5. The burden of proof was on Defendant Town of Bartlett to show that Plaintiff

Edward Furlong's property did not have the right to use the public roadway to access

his properry and the snowmobile trails. Instead, they placed the burden of proof on

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Plaintiff Edward Furlong by placing the rocks and blocking the access without the

procedural due process that is owed to the Plaintiff and his property rights.

116. Defendant Town of Bartlett's Selectman's Office worked with Defendant Annette

Libby, Director of Defendant Bartlett Recreation Department, to organize and execute

the placement of rocks to cut the Plaintiff off from his property's rights with no notice

or procedural due process given to Mr. Furlong.

n7. The Defendants gave Plaintiff Edward Furlong no chance to attend a hearing,

present his evidence, or argue his case before his property rights were taken from him.

u8. Plaintiff Edward Furlong's property had enjoyed the right of way over the road

directly to the east of his properry for over rj3 years and Defendants Annette Libby,

Bartlett Recreation Department and Town of Bartlett took that property right away

with no procedural due process. This was an arbitrarily malicious act to deprive Mr.

Furlong of his property rights guaranteed to him under the New Hampshire

Constitution.

u9. A Defendant Town of Bartlett, Selectman and representative to the Bartlett

Planning Board, Mr. Douglas Garland, owns competing businesses one quarter mile

from Plaintiff Edward Furlong's property. Mr. Garland immediately saw increased

revenues to his own cabin rental business and his cross countrv ski rental business

with the access to Mr. Furlong's businesses blocked.

rzo. In accordance with New Hampshire R.S.A. S 43:6, this Selectman and

representative to the Bartlett Planning Board, Mr. Douglas Garland, should not have

been a part of the actions taken against the Plaintiff in this matter. However, Mr.

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Garland was instrumental in the placement of the boulders and in pursuit of a non-

compliance charge for a building permit.

rzr. The Defendants'violations of procedural due process protections of State Statutes

and the New Hampshire Constitution deprived Plaintiff Edward Furlong a fair and

impartial hearing before he lost his property rights.

nz. As a direct and proximate result of the Defendants violations of the State of New

Hampshire's guarantees to due process and fair hearings, Plaintiff Edward Furlong

suffered substantial damages.

WHEREFORE, Plaintiff respectfully demands judgment against the Defendants, jointly

and severally, as follows:

a. Compensatory damages in an amount within the jurisdictional limits of this Court

and to be determined by the jury trying this action;

b. Punitive damages to the fullest extent permitted by the laws of the State of New

Hampshire;

c. All attorneys' fees and costs incurred by the Plaintiff in connection with

prosecuting this action; and

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d. Such other and further relief as this Court deems just and proper.

Respectfu lly Submitted,

Dated: January _, zor2 , Pro SeEdward C Furlong, III1455 US Route 3ozP.O. Box 447Bartlett, NH o38rz(6q) 387.9ot4ecfu rlong@roadrunner. com

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1st Amended Complaint

Documents

Transcript of 1st Amended Complaint