8/3/2019 Response to Object for Hearing

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STATEOF NEW HAMPSHIRECARROLL OUNTY,SS NORTHERN ISTRICT OURT

Town of Bartlett,NewHampshireV.

EdwardFurlong, I I d/b/a Lil 'Man SnowmobileRentalsDocketNo.: o9-CV-oo3

RESPONSETO PLAINTIFF'S OBIECTION TO DEFENDANT'SMOTION FOR NEW HEARING

NOW COMES he Defendant,EdwardF'urlong, roceeding n his Pro Secapacity,and respectful ly ubmits his Responseo Plaint if fsObjection o the Defendant'sMotionfor New Hearingand statesas follows:INTRODUCTION

t. This HonorableCourt shouldgrant Defenclant dwardFurlong'sMotion for a NewHearingashe hasboth good cause or missing he hearingon January 8, orzanda meritorious defense o the allegationsmade againsthim by the T'own of Bartlett.

z. DefendantEdwardFurlongdoeshave rrefutableproof support inghis posit ion,asis seenherein with the attachedexhibits.

3. DefendantEdward Furlong should not be required to pay the Town of Bartlettanymonies, ncluding he $83.39 that they now move for. Not only does heDefendanthavegood cause or missing he hearing on January18,zorz, he Townof Bartle tt hasviolated New HampshireR.S.A. 5o7:r5designed o preventfrivolous awsuits hat are "intended to harassor intimidate" from being filed.

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4. DefendantEdward Furlong moves ha t this Honorable Court grant his Motion fora New Hearing,deny the Plaintiffsany monetary udgment and award theDefendantsuch costsand fees hat are applicableunder New Hampshire R.S.A.S5o7:r5.

ARGUEMENT5. Attorney Randall Cooperwas counselon record for Defendant Edward Furlong at

the time that the Town of Bartlett filed its Land Use Citation on December z,zoo8.This Court ruled in favor of the DefendantEdward Furlong on August 17,2oo9.The Town of Bartlett chose o pursue he matter to the New Ilampshire SupremeCourt and it was docketedon October tg, zoog and the parties were asked omediate which the Town of Bartlett opted not to do.Attorney Cooperwithdrew as counsel n the SupremeCourt on the matter onJanuary ,2oto and on fanuary5,2oroAttorney Coopercert if ies hat he served hisMotion to Withdraw as Mr. Furlong'scounselon the Town of Bartlett'scounsel,asseenherein as Exhibit r.The Town of Bartlett was thereforeaware hat Attorney Cooperno longerrepresented he Defendant Edward Furlong.The Order of Notice was sent to Attorney Cooperon July 28, zort. On July 28, zouAttorney Cooperhad been resignedas he Defendant'scounsel or a year and ahalf. The Defendantsubmits Exhibit z, the pending Complaint againstAttorneyCooper or malpracticeagainstEdward Furlong filed on May 23 , 2cl7,2months

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before he Order of Notice for the Hearing on January18 ,zorzwas mailed toAttorney Cooper.Defendant Edward Furlong hasno knowledge of whether or notthe Order of Notice was receivedby Attorney Cooper 'If Attorney Cooperdid receive he Order of Notice for the Hearing on January 8,zorz,he did not forward the Order of Notice to the Defendant,Edward Furlong.Nor did Attorney Coopernotiry/ he Defendantof said hearing,as seen n attachedExhibit rr , a notarized Affidavit of Edward C Furlong.As counsel or the Town of Bartlett was servedAttorney Cooper'sMotion toWithdraw on January5, 2oro hey knew that Attorney Cooper no longerrepresentedDefendant Edward Furlong on this land usematter'It seems ogical that Attorney Cooperreceived he Court's Order of Notice andrealized here had beena clericalerror and filed a secondMotion to Withdraw thenext day.It alsoseems ogical hat if the'Iown of Bart lett s reallyso concernedwith wastingtime and money,when it 's counsel eceived ttorney Cooper's econdMotion toWithdraw on this land use matter the day after the Order went out, they wouldhave aken some measure o ensure hat the Defendantwas notified of thehearing,knowing that Attorney Cooperhad not representedMr. Furlong n a yearand a half.New Hampshire Circuit Rule r.r requires"good cause"as "justicemay require" forthis Court to "waive he application of any rule".Through no fault of his own, theDefendantwas unaware hat there was a hearing aking place on January18 , otz.

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15. New Hampshire R.S.A.$ 526:rstates ha t "a new trial may be granted n any casewhen through accident,mistakeor misfortune usticehas not been done and afurther hearingwould be equitable."

16 ."Accident,mistake or misfortune hasbeen defined as something outside of [theDefendant's]control, or somethingwhich a reasonablyprudent personwould notbe expected o guard againstor provide for." Lakeview lomeownersAssoc'v.Moulton Constr.,4t N.H. 789,79t,6q A.zd BZ qr)il.As Defendant EdwardFurlong receivedneither the Order of Notice nor Attorney Cooper'ssecondMotion to Withdraw he was completelyunaware he hearing on January 8, zorzand could not reasonablyhavebeen expected o attencl.

17. DefendantEdward Furlong hasa meritorious defense o the allegationsmade bythe Town of Bart lett n the LandUseCitation.Mr. Furlongarguedand continuesto argue hat a building permit was nevernecessary.

r8. The Defendant iled a Notification Form for Minor Changes o ProperfyonNovember5, zooSwith the Town of Bartlett.This form is for "notificationpurposes o the Assessor'sOffice of minor changes o property which do notrequirea building permit bu t may change he assessedalue. Someexampleswould be a change n the type of siding on the house, eplacinga roof, change ntype of flooring, change n type of heating systemor change n insulation".

r9. As the Town of Bartlett deemed his insufficient, ormer counsel or DefendantEdwardFurlong filed an additional notification on January8, zoog with the

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additional information required by the Bartlett Selectmenas seenherein as Exhibit3.

zo.Exhibit4, the HonorableJudgeAlbee'sOrder dismissing he Land UseCitation,states the property owner [Mr. Furlong] needs o submit more than a rudimentarysketchon the back side of a document and must make a reasonableeffort tosupply he information from which a reasoneddetermination can be madewhetherhe requiresa building permit for any port ion of the work done". This sdone through the Defendant's ormer counselas seen n Flxhibit3'

zr . The Defendant,Edward Furlong,did nothing to the existingcabin other than whatis explicitly described n the Notification Form for Minor Changes o Property'

zz. The Defendant,Edward Furlong, iled a FirstAmended Complaint against heTown of Bartlett on January 26, zorz n New Hampshire SuperiorCourt and otheralleging, mong other things,slander, ff icialoppression, iolat ionof privaryandviolat ionof statedue processaw,as seen 'rerein s Exhibit5. ' f l-re riginalComplaint was filed on December27, zott.

23.This Complaint detailshow the Town of Bartlett and it s official representativesviolated he defendant's ights in obtaining the information usedagainsthim inthe Land Use Citation.

z4.TheTown of Bartlett alleges ha t Mr . Furlong upgradeda "shed" nto a "cabin"andfor this was required to first obtain a building permit.

25 .The Defendantdoesnot dispute hat turning a "shed" nto a "cabin"would requirea building permit but this is not what Mr. Furlong did'

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26.The Defendantsubmits Exhibits6 and 7 as evidenceof the fact that the cabin nquestionhas alwaysbeen usedas a cabin.Exhibits6 and 7 are brochures rom theprevious odging establishments nd both differentiatebetweenshort stays n the"motel rooms" and longer stays n "cottages"'

27 .The cabin in question,cabin #3 asseen n the sl

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of abuse, he Defendant respectfullysubmits Exhibit rz, a Memorandum of Factsand Events hat was filed in New Hampshire ederalcourt on October 5, zoro nconjunction with a civil rights complaint.This Memorandum outlines the eventsof the past ten yearswith regards o Mr. Furlongand the Town of Bartlett. Pageszo and zr specif ically iscusshe land use ssuesn this action.This HonorableCourt ruled on this matter n a clearmanner.The Defendantsubmitted a detailed sketchwhich answeredall the questions hat the Town ofBartlett had regardingcabin #3. The Town of Bartlett obtained the informationused n the Land Use Citat ion n an i l legalmanneras seen n Defendant's xhibit5. The Town of Bart lettchose o spend he money o pursue his matter o theSupremeCourt and then chose o continue o pursue his matteragain n thiscourt with no new evidence. his s harassment nd intimidation.DefendantEdwardFurlonghasbeenpursuing egalactionagainst he Town ofBartlett since hey took awayhi s right of way in April 2oog.The'fown isresponding y pursing his land use ssue o the amount of $344,o25.oo.his"revenge" awsuit constitutesharassmentand intimidation and the Town ofBart lett s subject o the penalt ies rovidedunder New HampshireR.S.A. 5o7:r5.Attorney feespaid to Mr. Furlong's ormer attorney for work regarding his landuse matter total $4o83.oo. he Defendant s alsoentitled to receive he $rooo.oofee asprovided under New Hampshire R.S.A, 5o7:r5.

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WHEREFORE,he Defendant,Edward Furlong, respectfully equests hat this HonorableCourt Order as follows:

A. Grant the Defendant'sMotion for a New Hearing;andB. Deny the Town of Bartlett's equest or $873.39; ndC. Order the Town of Bart lett o compensatehe Defendant n the amount of

$4o83.oon attorney's eesand $rooo.oon civi l penalt ies ndD. Grantsuchother and further reliefas his Court deems ust and proper'

Respectfuly Submitted,

Pro Se Datecl:unuuryJ ll tor"EdwardC Furlong II I1455US Route3ozPO Box 447Bartlett,NH o38rz

CERTIFICATEOF SERVICEI, EdwardFurlong,hereby certifli that a true and correct copy of this ResponseoPlaintiffs Objection to Defendant'sMotion for New Hearing has been mailed via theUnited StatesPostalServicecertified return receipt o opposingcounselat zz5 WaterStreetExeter,NH o3833on this "i l- ' day of January,2or2'

Edward Furlongll