THE STATE OF NEW HAMPSHIRE

CARROLL,

SS.

SUPERIOR COURT

Edward C. Furlong, III

and Starbrite Leasing, Inc.
V,

Town of Bartlett, Bartlett VILLAGE Water Precinct and

Selectma.t Oor.rgt". C"rland
Docket No.

12-2015-CV-00010

AMENDED ANSWER OF BARTLETT VILLAGE WATER PRECINCT

The Bartlett Village Water Precinct amends its answer to Plaintiffs'
Petition as follows:

1,

The Precinct lacks sufficient information to admit or deny the "corporate

address" as stated in this paragraph, but admits that the PO Box
address is the mailine address of record with the Secretary of State,

2.

Admitted.

3.

Admitted.

4.

Paragraph 4 is incomplete, The Precinct admits the portion of the

paragraph contained in the Petition.

5.

Denied.

6.

Admitted.

7.

The Precinct denies that the way at issue is a Class VI road. It is in fact
a-Fih#-waydriveway used to access the Precinct's property. It admits
that the rih+=f-{n+aydrivewaJr starts at Route 302 and ends at the White
Mountain National Forest. There is no record of a road or "right of way"
benefiting any abutters in the deed to the propertlr. The balance of the
paragraph is denied.

8.

This paragraph contains statements of law that require no response. The

Precinct lacks sufficient information to answer the statement regarding
the filing of an ethics complaint.

9.

The Precinct lacks sufficient information to admit or deny allegations of

this paragraph.

10,

The first sentence is denied. The second sentence is admitted. The

Precinct lacks sufficient information to admit or deny the final sentence
in this paragraph.

1,

The factuai allegations of this paragraph are denied. The statements of

law require no response.

12.

To the extent that this paragraph alleges facts relating to the Precinct, it
is denied. Otherwise, the Precinct lacks sufficient information to admit
or deny this paragraph.

13.

The Precinct lacks sufficient information to admit or deny the allegations

of this paragraph,

14.

To the extent that this paragraph alleges facts relating to the Precinct,

it

is denied, Otherwise, the Precinct lacks sufficient information to admit

or deny this paragraph.

15.

Denied.

16,

The Precinct lacks sufficient information to admit or deny the allegations

of this paragraph.

17.

This paragraph requires no response,

18.

To the extent that this paragraph alleges facts relating to the Precinct, it
is denied. Otherwise, the Precinct lacks sufficient information to admit
or deny this paragraph.

19.

The Precinct lacks sufficient information to admit or deny this

paragraph.

20.

Denied. Further, the Precinct agrees that this court should resolve this
matter and should do so in favor of the Precinct.

2I.

Denied.

22.

This paragraph contains statements of law that require no response.

23.

Denied.

24.

This paragraph requires no response.

2

25.

Denied.

26.

Denied.

27

The Precinct denies that Petitioners are entitled to this relief.

28.

To the extent that this paragraph alleges facts relating to the Precinct, it
is denied, Otherwise, the Precinct lacks sufficient information to admit
or deny this paragraph.

29.

To the extent that this paragraph alleges facts relating to the Precinct,

it

is denied. Otherwise, the Precinct lacks sufficient information to admit

or deny this paragraph. The statements of law require no response.

30.

To the extent that this paragraph alleges facts relating to the Precinct,

it

is denied. Otherwise, the Precinct lacks sufficient information to admit

or deny this paragraph.

31.

To the extent that this paragraph alleges facts reiating to the Precinct,

it

is denied. Otherwise, the Precinct lacks sufficient information to admit

or deny this paragraph.

32.

Denied.

33.

Denied.

34.

Denied.

35,

This paragraph requires no response. If it does, it is denied.

Count

Denied.

Count

IL

Denied.

Count

IIL

Denied.

Count

IV.

Denied.

Count

V.

Denied.

Prayers for

Relief: The Precinct denies liability for the prayers for relief.

AND BY WAY OF FURTHER ANSWER, the Precinct asserts the following

defenses:

a.

General Denial.

b.

Plaintiff fails to state a claim upon which relief may be granted.

c.

Plaintiff's claim is barred by the doctrines of res judicata and

collateral estoppel.

d.

The Precinct is entitled to discretionary function immuniry.

The Precinct is entitled to the limits of liability afforded by RSA
5O7

-B:4.

f.

Plaintiffs claims are barred in whole or part by his own actions.

g
D'

Plaintiffs damages, if any, were caused in whole or part by the

fault of third parties for whom/which the Precinct is not liable.

h.

Plaintiff has failed to mitigate his damages.

i.

Plaintiff has already released the Precinct for the claims being
asserted.

J.

The Precinct is entitied to all other statutory and common law

immunities.
k.

Plaintiffs claim is barred by the applicable statute of iimitations.

The Precinct reserves the right to assert such other defenses as

may become known to it during the course of this litigation.

Respectfully Submitted
BARTLETT VILLAGE WATBR PRECINCT

Bv Its Attornevs
GALLAG

GARTRELL, PC

Dated: April 7,2015

R. Matthew CairXs, Esq. (#411)
PO Box 1415
Concord, NH 03302-14Ls
(603) 228- 1 181

CERTIFICATE OF SERVICE

I hereby certify that I have this date forwarded via U. S. mail, postage
prepaid, a copy of the foregoing to Edward C. Furlong, III, Pro Se Plaintiff, Peter
J. Malia, Esquire, William G. Scott, Esquire and Christopher T, Hilson,
Esquire,

Dated: April 7, 2OI5

R. Matthew Cairns, Esq. (#411)