Petition For Disqualification or Removal of Official Office of Bartlett Selectman & Chairman Gene Chandler
Petition For Disqualification or Removal of Official Office of Bartlett Selectman & Chairman Gene Chandler
Petition For Disqualification or Removal of Official Office of Bartlett Selectman & Chairman Gene Chandler
CARROLL COT'NTY.
SS
SUPERIOR COLJRT
May 51h.2015
Case No: 2 I 2-20 I 5-CV-00032
PETITIONERS
and
(President of Starbrite Leasing, INC), in his PRO SE Capacity, and Counsel for
Co-Petitioner, Starbrite Leasing, Inc., a New Hampshire Corporation, and in
good standing, and established, and residing (since 2003), at it's corporate
headquarters located at 1455 route 302,Bartlett, New Hampshire. Petitioner
seeks Declaratory Judgment in the Disqualification or Removal of, Gene
Chandler, Bartlett Selectman/Chair. Retieffrom this Honoruble Court now
please.
INTRODUCTION
This is an action to Disqualif.v Selectman. Gene Chandler. pursuant to RSA.
The COLINTS and allegations by Petitioner within this Petition are criminal
and are being investigated by, James Yara,Assistant Attomey General of the
New Hampshire Attorney General's Office. Petition submitted to this
Honorable Court is to enlighten or to apprise and offer evidence to support this
a. "..Justice Souter said that the rule of legislative functions is that a conflict invalidates a vote
improperly cast determined the outcome, ie., if it's the deciding vote." Dictum Chenev, 130 N.H. 589,
594 (19881.
b. "...The Court
c. "... If (the municipality official) are bound to notify, and to hear the parties, and can only
decide after weighing and considering such evidence and auguments as the parties choose to lay
before them, thier action is judicial." llinslow v. Holderness Plannine Board, 125 N.H. 262 (19841.
and RSA 43:6 both require officials to be as impartial as a juror. This'Jury
standard" was also cited in the lVinslow case (supra) even hefbre 614: I4 applied to planning
d.
RSA 673:14
boards.
PARTIES
1. Starbrite Leasing, Inc., is a New Hampshire corporation, incorporated on
January 2,2003, with a place of business at 1455 Route 302,Bartlett, N.H. and
a mailing address
2. Edward C. Furlong III resides at 1455 Route 302, Bartlett, N.H., and has
a mailing address of P.O. Box 447, Bartlett N.H. 03812 (hereinafter referred to
as Petitioner Furlong or "Petitioners").
3. Bartlett Selectman Gene Chandler, Individually and selectman for the
Town of Bartlett, NH, (hereinafter referred to as "Selectman Chandler."), a
municipality, with an address of 56 Town Hall Road, Baftlett, N.H. 03845 and,
selectman Chandler can be served processing at that address.
1.
2.
3.
4.
concuffence to Selectman Garland's lie, Garland stating: "that [he] did not
throw boulders down" to Blockade Plaintiffs Businesses, and that he, "doesn't
know who did." Exhibit no. 2 Selectman, Garland's D@
20l2,taken by Petitioners, where he "emphatically" states: "that [he] ordered,
or placed the Rocks or Boulders to Block Plaintiff's Property." Contrary to the
video. Exhibit no. 1d: Selectman Meetins Minutes dated. 10-23-2009 & 0829-09, show, Selectman Chandler, was cognizant about the Boulders, where he
comments, " [he] doesn't believe they will ever look good..." See Exhibit no.
11 , assorted pictures of the Boulders and Logs, before and after, being placed
to blockade Petitioner's then, two flourishing business' ingress/egress,
(Starbrite Leasing, Inc) d.b.a., (Abenaki Inn and Cabin Rentals). Website:
5.
Because these lies are deep rooted, and the case intricate, and
there are Several "Players" involving "Official Oppression," with an
enhancement to conspiracy, to prove beyond any doubt, is perplex; the problem
of Petitioner to eradicate the truth that's buried somewhere under (Chandler's
Stonewall) is next to impossible. No "Discovery" opportunity, for the truth, via
Chandler, Garland, Annette Libby or Stephen Libby can be had. Their careers
might be at stake,...Petitioner is guessing. No one is talking. Petitioner has
relied on the "right to know law" to get this far. Representative Chandler is
trying to keep the culpability of the selectmen's tortious action, on his
subordinates, Annette and Stephen Libby. And this is not right. Chandler is,
6.
7.
petitioner would like to apprise this Honorable Court that on the day of Travis Chick taking of his
' This
deposition, by the Petitioner, Mi. Chick denied that the selectmen ordered him to do so up until the last page of
the tating ofihe deposition. That period was approximately 40 minutes. also see Exhibit no. 6 where Chandler,
fnterrogaiories:p.6 q. 12,14,15. Chandler avoids the question on the rocks; states it was not the town backhoe'
vacations: snowmobiling the white mountains, bringing their little ones to "Lil'
Man Snowmobile." This allowed the owner a 6 figure "upper end" income, and
comfortable lifestyle, with a second home in Florida, and a fancy water front
restaurant in Cocoa Beach, called Captain Ed's Tiki Bar & Grill. Then
Selectman Garland, in the fall of 2008, when the Boulders were placed to
Block Petitioner's ingress, Chandler & Garland were intent, to financially
injure Petitioners'businesses from prospering; these two Bartlett selectmen
stepped outside the protection of "discretionary function immunity" "New
Acts" of Oppression and Deprivation have occurred since then; j ust up to only
a few months ago, when Selectman Chandler had Petitioner Furlong arrested
for criminal trespassing on what is the class vi roadway. This roadway is
attached" to Petitioner's property, next to Petitioner's two businesses, next to
the "Field," to it's east boundury. But for this one atrocious act against
Petitioners'businesses, the proximate cause to Petitioners' injuries are
substantiated here, against SelectmanlChair Gene Chandler, within this /ie of
Doug Garland, and aided, and abetted by associate selectman Chandler. Please
enter as Exhibit no. I (Wdeo showing Gsrland's lie supported by deposition)
this was an instant and, "Intentional Tort," perpetrated by the two Selectmen,
and they are liable, and the town; but moreover. their violations to Petitioner's
DueProcessProtections, guaranteedby our Constitution, were not qfforded to
oxicallv enough. are
the two Selectmen
Plaintiffs. But these acti
mor e perv erted tn refer encing Ihe D e-fendant's own v io I at ion s t o t he ir.
respective. Oaths of Office. This must be remedied by this, Honorable Court.
8.
When a corrupt offlrcial steps out of his shoes, and steps into the
shoes, that of another, to commit a criminal act, or even an act contrary to their
official ethics, we have some serious issues. Official Oppression, contrary to
the fourteenth amendment to our Constitution, is life's blood. This is what's
happened to Petitioners: no due process protection, loss of life's blood. This is
where I seek redress,...here, in the New Hampshire State Courts. I have not
gotten due process protections from Selectman Gene Chandler, at Town Hall.
There are no armed security guards out on the streets of America, to protect it's
businesses, like a policeman protecting it's citizens. The irony here is, that's
exactly what happened to Petitioner; the police got involved by order of the
Selectmen,( to falsely arrest, enhanced) with Petitioners'businesses, by
arresting him. They arrested him less than 30 feet from his office door,
defaming him, in front of his patrons and staff; that damaged his character and
reputation, and simultaneously, elevating Defendant Chandler and Garland's
own reputation and character. This is horrendous. And this begs the question:
9.
10.
11.
I was under huge amounts of stress going forward, from the winter
of 2008, when this "Intentional Tbrt" consumed Petitioner. Petitioner's had to
hire a lawyer then,...to fight this wrong, by Selectman Chandler. The lawyer did
not do a good job for Petitioners, as this Honorable can see here. The collateral
damage has been profound. This tortious act, (to augment Garland's reputation
and cabin rental business and ski business, at the cost of Petitioners, has
"oppressef' Petitioners, tortiously so), and perpetrated by Chandler and
Garland, has left an indelible scar on Petitioner, for life. Then to lie to cover up
the intentional tort, or distort and confuse the facts under, (he said she said),
petitioner's right to "Discovery" is Stonewalled. 'Discovery Rule" applies to
attempting to ascertain the truth. In this case, the Selectmen have
"intentionally," distorted the facts to keep Petitioner away from the truth. This
12.
13.
14.
numerous N H., RSA law. N.H. RSA 43:6 and Article 35 of Part
H amps h ire C o nstit utio n.
of the New
It
15.
Exhibit no.
16.
17.
18.
19.
20.
Bztlar,
The video suggest Selectman Chandler played along with Garland's lie; all the
while when Selectman Garland was lying through his teeth to cover up the
Intention Tort committed against Plaintiff's businesses vicariously through
Annette and Stephen Libby. Petitioner now will invoke the conspiracy charges,
and bring Selectman Chandler into the mix. His own 2 lies, and the abetting of
21.
question
Exhibit back, no. 5c: letters and minutes to corroborate the Petitioners claim of
conspiracy to commit certain "Intentional Tortious Acts."
22.
23.
OFFICIAL OPPRESSION
643:t: Officiat Oppression: Witliams v. Dover, 130 N.H. 527 (1988t ond RSA 673:13
,,for iniffiiiencv, neglect of tlutv. or malfeasance in office" For Selectmen RSA:42:I:RSA
Chapter 43 Removsl from Office RSA42:la
RSA
l.
2.
Exhibit no. 12, osee 5 and 7, "Master Plan" for the Town of
3.
4.
5.
6.
of.
There are no statute of limitations here, because "new acts" of
Deprivation lo Plaintiff's property rights have continually occurred since 2008.
The latest: Petitioner being arrested (by order of the Barllett Selectman,
Chandler) on the class vi road, on March 19,2015, contravening a Court Order,
by issue of the Carroll County Superior Court; please enter Petitioner's Exhibit
no 1c (Tbmple. Cl. A COURT ORDER, explicitly allowing, Petitioner's access
through the class vi roadway as it pertains to it's east side boundary.
Petitioners rights are rock solid, as the granite this wonderful State was named
after. Petitioner needs justice. The Judge, (Temple, C) Order was issued on an
"Exparte " basis; however, Petitioner immediately hand delivered this order to
"Acting" Chief, Janet Champlin, on February l3th,2075, at the Bartlett Town
Hall and police station. Chief Champlin told Petitioner that "[she] has her own
Court, at the 3rd District Couft, in Conway," and disregarded the Honorable
Judge, (Temple, C.) order, from Superior Court.
7
8.
9.
5, (Chandler's Interrogatories)
states: that "there is a letter to Annette Libby." but no "License." This will not
suffice as authorization, to delegate such authority, "a letter." To establish a
legal transfer of authority from the Bartlett Water Precinct to the Town of
Bartlett, there must be a legal document involved and a town vote. This type of
behavior has been going on too long. There has to be a lease, license or some
semblance of a contract agreement. A transfer of authority must be through a
warrant article, and subsequent town vote. I am assuming this Honorable Court
is familiar with these types of laws; requiring these types of legal delegation of
authority, fiom one municipality, to a municipal entity (Bartlett Water Precinct).
But it makes no difference, ...in that, we are dealing with a class vi roadway, or
private easement, that the selectmen closed without warrant article.
10.
Exhibit no. 12c , A must read. Is a letter dated, January 12, 2004,
where a seperate business owner, Mrs. Lynn Wilczek, who rents snowmobiles,
and who has a cabin rental business, as wel[, competing against Selectman
Garland's two competing cabin rental and ski businesses. She, Mrs. Wilczek,
nearly got the same identical treatment as Petitioners, but certainly not as
Tbrtious. Against this backdrop, and that letter, is this Honorable Court sensing
a pattern, yet.
11.
12.
13.
but that's not the case here. Clearly Selectman Chandler was excercising his
rights under what we know as a "good old boy" network.
14.
Exhibit no. 1(Video #2) shows Lil' man "sold out" video; Lil'Man
Snowmobile Rentals, Inc., up to the Instant, )"lntentional Tort, of barricading
Petitioner's businesses, was the Largest Snowmobile Rental Company in the
United States. At Lil'Man's peak, before the violation (s) of Petitioner's Due
Process and Tortious Interference with a corporation; Lil'Man had a rental fleet
of over 80 Snowmobiles; and it's own Snow-Cat. see Exhibit no. lIc. Now
Petitioner's have 20 snowmobiles. This is the biggest Intentional Torl I have
ever heard of, involving a Selectmen Board, here in New Hampshire. There are
numerous, serious, constitution due process issues here. I am suggesting of a
criminal nature, of collusion, conspiracy to coerce, "conspiracy" to defame,
defamation, invasion of privacy, just to name a few. This is a profound injury to
Petitioners. Petitioner Furlong has suffered psychological impairment from this
dirty deed. Petitioner Furlong is very, very angry at this huge slight. But
Petitioner continues to hold on, waiting for justice to deliver. But to no avail,
hitherto. Petitioner Furlong had to have emergency open heart by-pass surgery,
due to the stress manifested by Defendant's tortious acts, deliberately targeting
Petitioners two competing businesses, to financially cripple through subterfuge,
to shut Petitioners down by blockade. And to perpetrate that act with a town
police authoriQ usedfor unlawful purposes.
15.
law"...ExhibL
16.
of
AQ,fl!,
COIJNT I
l.
I.
COIJNT II
2.
Representative,GeneChandler,SayS'emphatically,thatthereiS''@''
Lease, no Contractual Agreement, but maybe a letter. This is Gross Negligence
and Tortious Interference with Plaintiff's Concerns. Defendant Representative,
Gene Chandler is wanton and malicious in his official capacity and, is the
"proximate cause" of Petitioner's Injuries, and contrary to Petitioner's health,
welfare, enjoyment, prosperity and the pursuit of happiness. Petitioner's will be
seeking redress for mone)t damages, under new, Separate "Action".
COUNT III
3.
COUNT IV
COLINT V
I. A person
conspiracy.
COLJNT VI
CONCLUSION
1.
uit.
w e b s. co
2.
3.
4.
a.
Gene Chandler.
b.
Make Null and Void any Legal Document with Bartlett Selectman
c.
Order any further relief that this Honorable Court deems iust and fit.
Certificate of Service/Process
I herby certifr that a copy of the foregoing Motion has this 5th day of May, 2015, been
properly served through the Sheriffs Office, to Bartlett Selectman Gene Chandler at 56 Town
Hall Road, Bartlett, New Hampshire 03812.
Edward C. Furlong
III, Pro Se
VERIFICATION
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