Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - April 1998

     * denotes appealing parties


97-458    In re Justin D.*
          Alan J. Cronheim for Justin D.
          Stephen J. Schulthess for Justin D.
          Attorney General

          Possession of dangerous weapon at time of arrest -
          juvenile; sufficiency of evidence; whether juvenile was
          arrested; whether officer had probable cause to arrest;
          whether RSA 159:15 is unconstitutional as applied in
          that it does not give notice that rolls of coins are a
          dangerous weapon


97-725    Canty,* John F. Jr.,     v.   Hopkins, Natalie A.
            individually and as         John J. Coffey
            administrator
          pro se                        

          Petition for equitable title - reformation and
          constructive trust; whether court committed plain
          error; whether real estate held in joint
          tenancy/survivorship is includable in probate estate of
          deceased joint tenant; whether probate court can reform
          deed or impose constructive trust without jurisdiction
          over the res, the legal title-holder, or the equitable
          title-holder; res judicata and collateral estoppel;
          whether plaintiff was removed or divested of standing
          on behalf of his father's estate


97-745    Truman,* Frederick, Appeal of
          (workers' compensation appeals board)
          John P. Kalled for the petitioner
          Thomas Kelliher for State Dept. of Transportation
          Attorney General

          Workers' compensation - whether RSA 281-A:32, IX
          permits a permanent impairment claim for spinal column
          when maximum medical improvement was not reached until
          after July 1, 1989; whether 1987 permanent impairment
          award for legs bars spinal column claim; whether
          petitioner entitled to permanent impairment award for
          additional impairment identified after 1987 award


97-760    Shiretown Realty Trust,* v.   Robinson, Helen, Town of
            Joseph J. Fiumara,            Barrington, Harold D.
            Trustee                       Caldwell, the unknown  
          Joseph J. Fiumara, pro se       heirs of Harold D.
                                          Caldwell
                                        Ronald Willoughby for 
                                          Ms. Robinson and Mr.
                                          Caldwell
                                        John Dolan for the Town 
                                          Barrington

          Quiet title petition - tax sale; failure to accord
          weight to evidence that defendant Robinson denied
          ownership of property; whether equities favored
          petitioner, a bona fide purchaser for value without
          notice of claims by defendant Robinson; estoppel;
          failure to award damages to plaintiff due to town's
          failure to give valid tax deed; whether tax sale
          against owner unknown was unreasonable


97-779    Caterpillar Inc.,*       v.   New Hampshire Department
            Caterpillar Financial         of Revenue Admin-
            Services Corp.,               istration and NH Com-
            Solar Turbines, Inc.          missioner of Revenue   
          William F. J. Ardinger        Attorney General
            for Caterpillar, Inc.
          Jerome B. Libin for
            Caterpillar Financial
            Services Corp.
          
          Business profits tax - unitary business; whether
          business profits tax violates foreign commerce clause
          of U.S. Constitution


97-824    Boilard, Steven          v.   Niemela,* Kathy
          Barry Harkaway                Janine Gawryl

          Child custody - modification; whether court applied
          incorrect legal standard 


97-839    Landry,* Thomas, Appeal of
          (workers' compensation appeals board)
          Brian C. Shaughnessy for the petitioner
          Dean Eggert for the State
          Attorney General

          Workers' compensation - application of incorrect legal
          standard for medical causation; sufficiency of
          evidence; failure to exclude expert witness who
          petitioner could not depose due to fee requirement that
          exceeded fee charged to employer


97-840    Rattee,* Steven, Petition of
          (agricultural lands preservation committee)
          Richard R. Peppe for petitioner
          Elizabeth Cazden for petitioner
          Paul Cavanaugh for City of Concord
          Attorney General

          Agricultural lands - whether committee has authority to
          prohibit construction of single-family home under
          agricultural preservation easement; whether deed
          prevents construction of home; whether committee may
          act as adjudicatory body; placement of burden of proof;
          whether parcels on opposite sides of road are single
          parcel; sufficiency of evidence


97-843    Thomas,* Robert J.       v.   Finger, George R. and
          Gerald F. Giles                 Priscilla A.
                                        Marc A. Pinard

          Mechanic's lien - artesian well; whether defendants
          were bona fide purchasers for value


97-844    Herman, Nancy & Kelly    v.   Tokena Corporation        
            Butler  

          97 Eddy Associates, Inc.,v.   Tokena Corporation and
            Nancy Herman, Kelly But-      Thomas DeBlois
            ler and Kim Bevilacqua      
          Donald L. Lader, Jr.          Dean B. Eggert for Tokena
            for the plaintiffs            Corporation and Thomas
                                          DeBlois 

          Dissolution of closely-held corporation, breach of
          fiduciary duty - refusal to allow voluntary withdrawal
          of petition to dissolve; award of damages to minority
          stockholder for actions of majority stockholders and
          directors taken in normal course of business; whether
          doctrine of unclean hands requires actual damages 


97-849    Daggett,* Richard        v.   Two Daves Auto, Inc.,    
            and Laura Tovey               and Dave Janik
          pro se                        pro se

          Mechanic's lien - auction sale; whether defendant had a
          mechanic's lien on automobile; whether defendant
          complied with all statutory requirements for auction
          sale of automobile; failure to permit plaintiffs to
          seek alternative relief of money damages


97-871    Estate of Elsie Huth, In re
          David C. Engel for Joan V. Rowe*
          Attorney General

          Probate estate - claim for services; whether services
          provided to deceased constituted continuous contract
          for services so that statute of limitations did not
          begin to run until death of deceased


97-872    Rockingham Properties II,* Appeal of
          (board of tax and land appeals)
          Joseph M. Kerrigan for petitioner
          Steven A. Clark for Town of Derry
          Attorney General

          Property tax abatement - whether board has authority to
          dismiss abatement appeal due to failure to adequately
          specify reasons; whether petitioner failed to
          adequately specify reasons; whether town knew reasons
          for seeking abatement


97-875    Smith,* Eleanor,         v.   Shepard, David and
            Katherine Whitcomb,           Alice Shepard
            and Bernice Ford            Charles E. Dibble
          Patrick T. Hayes              

          Constructive trust - denial of rehearing; sufficiency
          of evidence; grant of relief beyond scope of relief
          requested; failure to properly notice hearing; whether
          court abused its discretion by engaging in attacks on
          plaintiffs' counsel; failure to consider effect of
          previous court orders in determining whether plaintiffs
          acted in good faith


97-885    State of NH              v.   Hoag,* Kenneth
          Attorney General              James E. Duggan
                                        Jane-Holly Weintraub
                                        Charles A. Bookman

          Imposition of suspended sentence - whether conditions
          of suspended sentence provided sufficient notice of
          conduct court intended to proscribe


97-887    Thomas Tool              v.   Town of Croydon*
            Services, Inc.              K. William Clauson
          R. James Steiner         

          Tax lien procedures - whether tax lien procedures under
          RSA 80:58-:87 are unconstitutional unless limited to a
          taking of the property only to the extent necessary to
          pay the tax debt, interest, costs and fees, and a
          reasonable penalty; laches


97-890    State of NH              v.   Danforth,* Harvey
          Attorney General              Jonathan R. Saxe

          Aggravated felonious sexual assault - motion for new
          trial; whether trial counsel's failure to object to
          admissibility of taped statements of victim, request
          limiting instruction, object to improper cross
          examination, or object to improper closing argument
          constituted ineffective assistance of counsel


97-911    Johnson,* Stephen, Appeal of
          (workers' compensation appeals board)
          Vicki S. Roundy for claimant
          Paul L. Salafia for employer
          Attorney General

          Workers' compensation - whether 1996 medical charges
          incurred were related to 1990 work-related back injury;
          failure of board to accord substantial weight to
          opinion of treating physician


97-912    Brewster,* Benjamin      v.   Town of Amherst, Amherst
            and Rosemary                  Planning Board
          Malcolm R. McNeill, Jr.       William R. Drescher
          John V. Dwyer

          Municipal regulation - site plan; whether due process
          violated where notice of revocation cited two specific
          reasons but board and court relied on other alleged
          incidents, or where board limited plaintiffs to four
          minutes to demonstrate why site plan approval should
          not be revoked; whether alleged violations of site plan
          were proved and material


98-002    State of NH              v.   Blackmer,* Paul
          Attorney General              James E. Duggan
                                        Gabriel Nizetic

          Conspiracy and possession with intent to sell
          controlled drugs - numerous issues including mens rea
          for conspiracy; whether jury must agree on which of
          three alleged acts in furtherance of conspiracy was
          committed; speedy trial violation; whether defendant
          had standing to challenge search


98-043    Lebanon School District,* Appeal of
          (public employee labor relations board)
          Michael S. Elwell for Lebanon School District
          Steven Sacks for NEA-NH
          Attorney General

          Unfair labor practice - elimination of food service
          employees and subcontracting; managerial prerogatives;
          whether contracting of food services is prohibited or
          permissive subject of bargaining; whether elimination
          of food service personnel was layoff authorized in
          collective bargaining agreement; application of CBA to
          period before it became effective; whether union waived
          right to negotiate subcontracting of food services;
          whether parties agreed to defer issue of subcontracting


98-045    Edward N. Herbert and Associates, Inc.,* Appeal of
          (board of licensure for professional engineers)
          David M. Groff for petitioner
          Attorney General

          License renewal - whether board erred in denying
          petitioner's application to renew its license to
          practice engineering


98-062    Petition of Caledonian-Record Publishing Co.,* In re
          Claude T. Buttrey for petitioner
          Philip H. White for petitioner
          Carolyn S. Earle for petitioner
          Peter D. Anderson for defendant Wendy Manning
          Attorney General for the State

          Access to court documents - failure to give notice to
          press or hold hearing prior to sealing court records in
          criminal case; whether court erred by denying
          newspaper's request to unseal all records; first
          amendment


98-070    Estate of Richard Van Lunen,* Appeal of
          (board of tax and land appeals)
          Alexander S. Buchanan for petitioner
          William R. Drescher for Town of Amherst
          Attorney General

          Land use change tax - failure of board to consider all
          subdivision lots as part of its decision; failure to
          properly apply 1991 amendments to RSA 79-A:7; failure
          to take into account Cub 308.1; whether assessments
          were erroneous under current use law


98-078    Allard,* Claude, Appeal of
          (personnel appeals board)
          Michael C. Reynolds for SEA of NH, Inc.
          Attorney General

          State employment - bumping rights; denial of full
          evidentiary hearing; whether petitioner was qualified
          to bump into the position of college professor of
          electro-control technology


98-079    Sundberg, Elaine M.,     v.   Greenville Board of
            Douglas J. Sundberg,          Adjustment, Town of
            Kristen G. Sundberg           Greenville, and
                                          Theo A. de Winter*

          de Winter,* Theo A.      v.   Town of Greenville
          Matthew W. Glavey for         Carol A. Rolf for town
            the Sundbergs               William R. Drescher for
          Charles G. Douglas III          town
           for Mr. de Winter

          Municipal regulation - whether welding supply business
          is a customary home occupation; failure of court to
          hold evidentiary hearing after finding certified record
          deficient; whether appeal of variance was moot


98-080    Keeler,* Karl and Sharon v.   Banks, Ralph
          Andrew D. Dunn                Kenneth Bouchard

          Negligence, loss of consortium - motorcycle accident;
          failure to set aside verdict for defendant and order
          new trial


98-082    Brown,* Victoria and Gary v.  Lally, Lisa
          Stephen E. Borofsky           William S. Orcutt

          Negligence - automobile injury; denial of motion to set
          aside verdict for defendant where liability established
          by summary judgment; inflammatory argument by counsel;
          failure to poll jury; denial of requested jury
          instructions


98-084    Bomba,* Stanislow and    v.   Neenah Foundry Company
            Margaret                    Andrew D. Dunn
          Richard C. Moquin        

          Products liability - hatch cover; whether 8-year
          limitations period in RSA 508:4-b applies to defective
          product that is ultimately affixed to real estate;
          whether RSA 508:4-b violates equal protection


98-085    Cote,* Louis P. Jr., Appeal of
          (workers' compensation appeals board)
          Gary L. Casinghino for claimant
          Andrew A. Merrill for employer
          Attorney General

          Workers' compensation - denial of cost of living
          adjustment to temporary total disability benefits for
          self-employed worker


98-099    Snedeker,* David         v.   Snedeker, Arlene
          Pamela E. Phelan              Barry I. Harkaway

          Divorce - child support; failure of court to give
          deduction for standard deductions for federal income
          tax and FICA as required by RSA 458-C:2, VI and 458-
          C:3, II(a) in calculating child support


98-107    State of NH              v.   Bezanson-Perkins,* Joshua
          Attorney General              James E. Duggan
                                        Julia M. Nye

          Felonious sexual assault - sentence; admission at
          sentencing of unsubstantiated claims of prior
          misconduct


Note:  The court has consolidated 97-884 and 97-885.