Andy Martin - CEASE AND DESIST NOTICE Re Sale of contents of The Balsams 5/12/12



Lawrence J. Spellman, Auctioneer

License No.  NH6034

North Country Auctions

Dear Mr. Spellman:

I am writing to ask that you cease and desist from your proposed auction of the contents of The Balsams tomorrow. Monday I will be filing a federal/state civil rights lawsuit to undo the sale of The Balsams and to block a destruction of the contents of the hotel as a collective entity (of contents).

If you go ahead and conduct a fraudulent auction, the buyers of any of the personal property of The Balsams will become liable as necessary parties to undo the sale of The Balsams contents. At a very minimum you should warn “buyers” that if they proceed tomorrow they are “buying” themselves a place in a lawsuit.

The Balsams was a historic hotel that was operating pretty well in a difficult economy. It should have been, and may still be, continued as a going concern. The hotel provided hundreds of local jobs (which was the intent of the Tillotson Trust) as well as training programs for local and state students.

The purported buyers of the hotel, Dan Hebert and Dan Dagesse, Jr. are real estate speculators and hucksters who fraudulently claimed to be “preserving” The Balsams to gain control of the real estate, when they had every intention of destroying the property as a going concern.

Many historic hotels go through periodic renovation without being closed and certainly without disassembling the contents of the historic structures. Hebert and Dagesse had no intention of preserving the historic “Balsams” and entered into a dark-of-night deal with corrupt members of the Tillotson Trust and Tillotson Corporation, as well as corrupt and/or incompetent members of the Attorney General’s office, to peddle the hotel for a fraction of its worth.

In any event, all that will be made clear in my lawsuit. A draft of the complaint will be served upon you either later this evening or early tomorrow morning.

I have already filed and won one lawsuit involving The Balsams so my promise to proceed with litigation Monday is not an empty threat or a hollow prediction. I have attached to the emailed version of this letter a copy of the Superior Court’s earlier ruling.

Unfortunately, you find yourself in the middle of a massive corruption scheme involving politicians, big shot insiders from Manchester to the Attorney General’s office, to others.

I urge you not to get left holding the bag by going forward with a fraudulent auction. Obviously, you can’t claim you had “no notice” of what was coming if you choose to proceed. Likewise buyers of any of the items sold will be named as interested parties the lawsuit.

Please govern yourself accordingly.

Respectfully submitted,



W/encl./attach. Copy of Superior Court Decision


cc: Balsams View, LLC (via fax)