Edward C. Furlong v. Town of Bartlett

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2019-0655, Edward C. Furlong v. Town of
Bartlett, the court on August 19, 2020, issued the following
order:

Having considered the brief, memorandum of law, and record submitted
on appeal, we conclude that oral argument is unnecessary in this case. See
Sup. Ct. R. 18(1). We affirm.

The plaintiff, Edward C. Furlong, appeals the order of the Superior Court
(Ignatius, J.) dismissing his complaint to set aside a judgment in an underlying
land use matter, with prejudice. He argues that: (1) members of the select
board for the defendant, Town of Bartlett, involved in the underlying matter
had conflicts of interest; and (2) the court has jurisdiction to address his
complaint, despite his pending bankruptcy case.

In dismissing the complaint, the trial court ruled that the bankruptcy
trustee has exclusive authority over his claims, and that the bankruptcy court
has sole jurisdiction over these matters. The court also noted that the
bankruptcy court approved a stipulation between the trustee and creditors that
addresses these claims, and that the plaintiff’s claims are barred by the
doctrine of res judicata.

As the appealing party, the plaintiff has the burden of demonstrating
reversible error. Gallo v. Traina, 166 N.H. 737, 740 (2014). Based upon our
review of the trial court’s well-reasoned order, the plaintiff’s challenges to it, the
relevant law, and the record submitted on appeal, we conclude that the plaintiff
has not demonstrated reversible error. See id.

Affirmed.

Hicks, Bassett, Hantz Marconi, and Donovan, JJ., concurred.

Timothy A. Gudas,
Clerk