Town of Bartlett

STATE OF NEW HAMPSHIRE

CARROLL COLTNRY. SS. SUPERIOR COURT

Edward C. Furlons III

Town of Bartlett. et al

Docket No.: 212-20 1 1 -CV-00298

PLAINTIFF. EqWARD C. FURLONG'S FIR SqT OF INTERROGATORIES TOBE ANSWERED BY DEFENDANT TOWN OF BARTLETT

NOW COMES the Plaintiff, Edward C. Furlong, and submits the foilowinginterrogatories to Defendant, Town of Bartlett, to be answered under oath pursuant toRule 36 of the New Hampshire Superior Court Rules within thirty (30) days from thedate ofservice hereof.

These interrogatories are propounded in accordance with Superior Court Rule 36.You, Town of Bartlett, must answer each question separately and fully in writing andunder oath. You, Town of Bartlett, must return the original and one (1) copy of youranswers within thirty (30) days of the date you receive them to the parly (Edward Furlongat PO Box 477 Bartlett, NH 03 8 12) that served them upon you. If you obj ect to anyquestions, you must note your objection and state the reason, If you fail to return youranswers within the allotted thirty (30) days, the party who served them upon you mayinform the court, and the court shall make such orders as justice requires, including theentry of a conditional default against you.

INSTRUCTIONS

1. "Identify" shall mean:

o With reference to a document you shall specifically designate the type ofdocument (such as a letter, interoffice memorandum, report, drawing,agreement, computer printout, etc,), its date, and such additionalinformation as will permit the Plaintiff to identify the document, such as

its addressee, its author, its approximate number of pages and its title. Ifthese interrogatories require you to identify a document not in yourcustody or possession, please identify any person (pursuant to thefollowing paragraph) to whom copies of such document have been sentand the present last known location or posse ssor of the originai document.

2.

. With reference to a person, you shall fumish information sufficient toenable the Plaintiff to locate that person (their name, present address,telephone number and place of employment).

r With reference to a corporation, company, business, joint venture,partnership, not-for-profit corporation or other business entity, state its fullname, its last known address, the nature of its business, its relationship toyou and the name of its last known chief executive officer.

In answering these interrogatories, you shall furnish all information which isavailable to you including information in the possession of your officers,employees, attorneys, investigators, agents, or anyone acting on your behalf, andnot merely such infonnation known to your personal knowledge.

These interrogatories are continuing in nature with regard to these matters, asspecified in New Hampshire Court Rule 36 and PAD Rule 4.

In accordance with New Hampshire superior Court Rule 36, each objection tothese intelrogatories shall be forwarded with a statement of reason therefore.When an objection is made to any part of an interogatory, the remainder of theseinterrogatories shall be answered at the time the obiection is made unless theperiod to answer has been extended.

If after exercising due diligence to secure the information necessary to answer thefollowing interrogatories in full you cannot answer them, state the answer to theextent possible, specifying the reason or reasons for your inability to answer theremainder and stating whatever information is available to you concerning theunanswered portion.

DEFINITIONS

1. "Documents" - means any written or other recorded, graphic or photographicmatter of any kind or character, however produced or reproduced. andincludes, without limiting the generality of the foregoing, all notes,transmittals, mailgrams, letters, enveiopes. tele grams, teletypes,correspondences, contracts, agreements, drafts, work papers, advertisements,editorial creditors, news stories, promotional pieces, notes to file, shopnotebooks, reports, memorandum, market surveys, mechanical and electricalsound recordings or transcripts thereof, surveys, blueprints, formal or informaldrawings or diagrams, calendar ordinary entries, memorandum or telephone orpersonal conversations or meetings or conferences or any event or activity,telephone bulletins, statements, manuals, summaries, minutes or meetings,maps, chafis, graphs, order papers, articles, announcements, books, catalogs,records, tables, invoices, bills, checks, promissory notes, trial balancecomputation, data processing, materials or analysis or other statistical data

a).

4.

5.

including originals and all non-identical copies of any of the foregoing,whether types, printed. handwritten or on tape or other recordings, and anymaterial underlining, supporting or used in the preparation of any suchdocument.

2. "You or your" - means the party upon whom these interrogatories are served,Town of Bartlett, and includes your affiliates, divisions, subsidiaries, officers,directors, managers, representatives, agents, attomeys, employees orinvestigators.

3. o'communication" - means any transfer of information, ideas, opinions or

thoughts by any means, any time or piace, under any circumstances and is notlimited to transfers between persons, but in cases other transfers, such asrecords and memorandum to file.

4, "Plaintiff'- means and shall refer to Edward C. Furlong IIL

5. "Defendant" * means Town of Bartlett,

6. "other Defendants" - means one or ali of the following: Timothy connifey,Annette Libby, Stephen Libby andlor the Bartlett Recreation Department.

7. "Bartlett Selectmen" - means one or all of the following: Douglas Garland,Gene Chandler, Jon Tbnguay and/or David Patch

8. "Bartlett Village Water Precinct" - means one or all of the following: BobBlake, Matt Howard, Don Mayer, David Ainsworth and/or Bert George.

9. "Bartlett Village water Precinct Property" - means the properly containingBiack Fly ball field in Bar1lett, New Hampshire and located directly to the eastof Mr. Edward Furlong's property,

10. "Mr. Edward Furlong's Property" - means the properly belonging to Mr.Edward Furlong located a11455 US Route 302 tn Bartlett, New Hampshireand located directly to the west of the Barllett Village Water PrecinctPropertv.

INTERROGATORIES

1. Set forth the full name, address and occupation of the person answering theseinterrogatories.

ANSWER:

Gene G. Chandler, ChairmanBoard of Selectmencio Bartlett Town HallBartlett, NH

2. Who approved and funded the construction of the 6 foot w.ood fence between theBartiett Village Water Precinct property and the roadway and Mr. Furlong's property.

ANSWER:

Annette Libby would be the best person to answer this Interrogatory. The Townof Bartlett only pays the salary of the Recreation Director and the AssistantRecreation Director. All other funds are obtained through donations and/orcontributions made to the Recreation Department.

3. Who actually built the 6 foot wood fence between the Bartlett Village Water Precinctproperty and the roadway and Mr. Edward Furlong's properly?

ANSWER:

See Annette Libby's Answers to Interrogatories.

4. Who approved and funded the placement of a snow fence 1n2004 between theBartlett Village Water Precinct property and the roadway and Mr. Furlong'sproperty?

ANSWER:

See prior Answers.

5. When was Annette Libbv hired as Bartlett Recreation Director?

ANSWER:

November 16,2006,

6. Who was responsible for the hiring of the Bartlett Reueation Director?

ANSWER:

The Selectmen.

7. In what capacity does the Bartlett Recreation Deparlment hold the rights to theBartlett Water Village Precinct property?

ANSWER:

The Bartlett Village Water Precinct granted the Recreation Deparfment theright to use and upgrade the ball field.

8. Attach any and a1l documents (including any leases) describing the relationshipbetween the Bartlett Recreation Deparlment, the Bartlett Viilage Water Precinct andthe Bartlett Viilage Water Precinct propefiy.

ANSWER:

We do not have any documentation but I believe that there was a letter writtenby the Bartlett Village Water Precinct to the Recreation Department authorizingthe use of the field. This letter may be in the possession of Annette Libby.

9. Set forth any and all businesses, and their primary type, owned or operated nou'or inthe last 10 years by any Bartlett Selectman.

ANSWER:

Objection as not reasonably calculated to lead to admissible evidence,

10. Set forth any arrests, convictions and/or instances of being under investigation by theAttomey General's Office by any Bartlett Selectman, if any.

ANSWER:

Objection as not reasonably calculated to lead to admissible evidence.

1 1. Who approved and funded the locked gates and bars blocking aacess to Class VIroadway between the Bartlett Viilage Water Precinct property and Mr. EdwardFurlong's property?

ANSWER:

Objection as not reasonably calculated to lead to admissible evidence.

12. When was the warrant article presented for a town vote to discontinue and/or gate andiock the Class VI roadway between the Bartlett Village Water Precinct property andMr. Edward Furlong's property? If there was no town vote please state that.

ANSWER:

Objection as not reasonably calculated to lead to admissible evidence.

13. Which Bartlett Selectman requested that the other Defendant, Stephen Libby,research the Barllett Village Water Precinct property and Mr. Edward Furlong'sproperty?

ANSWER:

None of the Selectmen.

14. Who approved the large rocks/boulders/logs to be thrown down in the green space

between the Barliett Village Water Precinct property and the roadway and Mr.Edward Furlong's property in 2008?

ANSWER:

Objection as not reasonably calculated to lead to admissible evidence.

15. Whose front end loader/backhoe was used to place and remove the large

rocks/bouiders/logs that were thrown down in the green space between the BartlettVillage Water Precinct property and the roadway and Mr. Edward Furlong's property

in 2008?

ANSWER:

I do not know but do not believe Town equipment was used for this purpose.

16. What amendments were made to the Town of Bartlett ordinances in 2008?

ANSWER:

There were no amendments which would relate to the issues in the currentlawsuit, and any such documentation is available at Town Hall.

17. Attach all documents associated with the amendments made to the Town of Barllettordinances in 2008 includine the wanant articles for the town vote.

ANSWER:

Objection as not reasonably calculated to lead to admissible evidence,

18. Prior to 2008, how many fully functional residential cabins wele on Mr. Furlong'sproperty?

ANSWER:

Objection as not reasonably calculated to lead to admissible evidence in thiscase.

19. Prior to 2008, how did Mr. Edward Furlong's tenants gain access to the cabins on hisproperty?

ANSWER:

Objection as not reasonably calculated to lead to admissible evidence.

20. Currently how many fully functional residential cabins are on Mr. Edward Furiong'sproperty?

ANSWER:

Objection as not reasonably calculated to lead to admissitrle evidence.

21. When was the first meaningful discussion about upgrading Black Fiy ball fieldlocated on the Bartlett Water Precinct property?

ANSWER:

Unknown, although work on the field began after Annette Libby was hired.

22. Why has Bartlett Selectman, Douglas Garland, stepped down as early as 2004 todiscuss issues his business (Bear Notch Ski Touring) was involr,ed with and for issues

and other snowmobile rental companies yet never stepped down as Selectman toaddress issues with the Plaintiff, Mr. Furlong, or his business, Lil' Man SnowmobiieRentals?

ANSWER:

Objection as not reasonably calculated to lead to admissible evidence in thiscase.

23. Why did Bartlett Selectman, Douglas Garland, want to exchange land on Allen Road(Bartlett Land) with a tract of land behind the Barllett Village Water Precinctproperty and Mr. Edward Furlong's property (United States Forest Service land) withthe United States Forest Service in2004?

ANSWER:

Objection as not reasonably calculated to lead to admissible evidence in thiscase.

24. Attach any and all documents associated with this potential land exchange with theUSFS in2004 referred to in interrogatory 22 lsicl,

ANSWER:

Objection as not reasonably calculated to lead to admissible evidence in thiscase.

25. On December 11, 2008, Selectman Douglas Garland stated that Lil' ManSnowmobile Rentals was plowing snow up in front of the gate to Black Fly field andsince this was a state road, a letter should be written to the state about it. Attach anyand all documents that were sent to the state regarding the state road gated in front ofBlack Fly field.

ANSWSR:Objection as not reasonably calculated to lead to admissible evidence in this

case.

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Dated: l/Fty 3, Zffi,Z

TT{E STATE OF NEW IIAMPSHIRF]COLINTY OF canBor,r, _. SS

Personally appeared -Ggle G, charyrler , on beharf of the T'own of Bartlen.and ac-knowledged the_foregoing statemenG made[y hifi/d; ;; ffue and aceurate to rhebest of his/her knowledge and Uilicf

I hereby certify that theand belief,

*8rti*f*!f,t!*+++*

foregoing ffnsweru are true to the best of my knowlcdge

Fy'

NotaryMy ission expires: 1Lynn P. Jsnes

11

TOU/N OF BARTLETT

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