In an attempt to escape his own lies, Earl Johnson publicly announced yesterday that he throws in the towel and will not seek re-election this year. His declaration comes on the heels of Dave Worth’s Upside Down Show on the Charter cable network in the two neighboring towns Brimfield and Wales.
The show was first aired live a week ago and replayed 21 times during the last seven days.
The Holland Blog was on the show and I had a chance to inform the public of the corruption by the Johnson’s and Wettlaufers.
The Republican broke the good news yesterday evening:

Holland Selectman Earl Johnson will not seek re-election

By John Appleton
February 12, 2010, 5:36PM

HOLLAND - After serving in town government posts for 32 years, Earl A. Johnson said Friday he is not seeking re-election as selectman this year and will be leaving town government entirely when his term on the Board of Assessors ends in two years.

“I frankly think that 32 years is more than enough. It is time for new blood,” said Johnson, who is 66.

Johnson said his decision not to seek re-election has nothing to do with the frequent criticism he has received from Peter K. Frei regarding how Johnson’s family acquired and built houses on what was once town tax title property.

“It has nothing to do with Mr. Frei. This decision was made six months ago,” Johnson said.

Referring to Frei, Johnson said Friday, “He has made statements that are totally untrue. The property was not land locked. It went through the proper zoning. I abstained from any decisions. It was approved by the Town Meeting and the attorney general.”

Earl Johnson is a liar!

The plan showing the right of way is fraudulent, my statement is true. If this would not be the case, Johnson and/or Jalbert Engineering would sue me for slander!

Jalbert Engineering, INC, registered the fraudulent plan at the registry of deeds on February 17, 1997, signed by Leonard S. Jalbert and Winslow M. Spofford. The plan is registered in plan book 310, page 92.

Let me say it one more time, the fraudulent plan is showing a right of way that has no basis in law or fact, the right of way is a fabrication of the two engineers that signed the plan, Mr. Leonard S. Jalbert and Mr. Winslow M. Spofford.

There is no record of this right of way mentioned in any deeds pre-dating this plan; it is a total fabrication of Johnson’s engineers. Johnson’s attorney, David J Uguccioni, stated in a letter:

Cart roads are shown on the Johnson plan westerly of the "Existing R.O.W." on land shown as n/f David A Gibson, John R.Merrill and Robert J. Wilson. One of these cart roads extends northwesterly in to said land of Johnson. It is this examiner’s position that said cart road extending in to land of Johnson is an implied right of way over land of Gibson etals in favor of said Johnson.

That is all there is to it, an implied right based on a lawyer’s opinion, the opinion of David J Uguccioni. Uguccioni’s letter goes on stating:

In 1823 both parcels were in common ownership by Lemuel Coburn. On September 10, 1823 he sold the Johnson piece to Loring Webber without mention of a right of way. On the same day with the next deed he sold the Gibson piece to Esra Webber with no mention of the right of way. A right of way by necessity or implication arose when Coburn separated the Johnson from access by the Gibson piece. See Eno and Hovey Massachusetts Practice Series Volume 28 Section 8.7. An examination of the parcels involved back to the early 1800’s revealed no other record access for the Gibson or Johnson pieces.

See Uguccioni letter. Clearly there is no record of a right of way; the statement "no other record" is misleading, there is NO deeded record of a right of way at all! The parcels divided in 1823 were located along Stafford Road and Hisgen Road and had ample access to these public ways; there was no need for a right of way.
To buttress his aformentioned statement:

a right of way by necessity or implication arose when Coburn separated the Johnson from access by the Gibson piece,

Uguccioni quoted Eno and Hovey, Massachusetts Practice Series Volume 28, Section 8.7. Section 8.7 pertains to the “Profit a Prendere” and has nothing to do with rights to access a property or a right of way. If it would be that simple, no land-locked parcels and the problems these properties create for their owners would exist. Uguccioni’s argument is nothing more than bad "lawyering!"
There are other facts in support of the illegality of the fabricated right of way:

If there would have been a record of a right of way in a deed, there would not have been a need for a fraudulent plan to fabricate a right of way.
The plan drawn and signed by Leonard Jalbert and Winslow Spofford, dated February 17, 1997, plan book 310, page 92, shows a right of way for Brian Johnson. Brian Johnson was not even the owner of the parcel in question. At this time the 12 acre parcel was in the ownership of Earl Johnson’s wife Theresa, see deed book 6649, page 373. Only six years later, Brian became the owner by quitclaim deed, book 12976, page 185, 186.
Quitclaim deed, book 12976, page 185, 186 states: "Premise address: Off Hisgen Road, Holland, MA." The deed did not give as address "off of Stafford Road."
The plan dated February 17, 1997, plan book 310, page 92, was not mentioned under "PLAN REFERENCES" on the ANR plan Eric Johnson submitted to the PBH, see plan book 341, page 61.

There is nothing more than wishful thinking on the part of the Johnson family, their engineers, and their lawyer in the record at the Registry of Deeds in support of a "right of way" pre-dating the fraudulent plan, see plan book 310, page 92.

Earl Johnson is simply dishonest, other people would call it LYING!

At the time Eric Johnson took steps to build a house on the land locked parcel, he first filed a request for a building permit. The building permit was denied by Jack Keough the same day.

Eric Johnson then applied for a special permit to replace a house to circumvent the law. (A non existing house can not be replaced!)
At the public hearing before the Zoning Board of Appeals, Mr. Gibson stated according to the documents registered at the registry of deeds, book 13962, page 438:

Mr. Gibson in his frustration implied that such a drawing could have been illegally altered with the influence of town officials. Mr. Gibson was informed that his insinuations were out of order and that the board's decision would be based on the facts as presented.

The irony is that Mr. Gibson was right on the money. However, he failed to pursue the matter by taking legal steps and the Johnson's got away with their blunder!

To read the entire report about the Johnson Landgate case, click here! Click on any word written in bold/italic to follow the link to the document!

February 13, 2010, Peter Frei

Earl Johnson is true to himself and clings to familiar lie in his final hour.

Earl Johnson is a liar!

Other posts about the Johnson’s illegal land use, termed ”Johnson Landgate,” oldest posts first: