Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - January 1998

     * denotes appealing parties

96-795    Powers, James, Patricia  v.   City of Portsmouth*
            DeGrandpre, Charles           Belle Isle Partners
            DeGrandpre, Carol             Trust, Sisters of
            Welsh, Donald Welsh,          Providence 
            Jr., Roberta Smith,         Robert P. Sullivan
            Dean Smith, Peter             for city
            Vandermark, Jameson         Thomas R. Watson
            French, Robin Najar           for trust
          Ralph R. Woodman, Jr.         Mark E. Beliveau for
                                          Sister of Providence
          Municipal regulation - planned unit development;
          numerous issues including failure of court to defer to
          planning board; whether planned unit development was
          contrary to zoning ordinance, whether number of units
          exceeded allowable density, whether mainland and island
          parcels are contiguous, whether land between low water
          mark and high tide line may be used to satisfy lot area
          requirements; cross-appeal - whether court failed to
          recognize inherent flexibility that a municipality has
          to approve planned development unit 

96-848    State of NH              v.   Townes,* Bruce R.
          Attorney General              James E. Duggan
                                        Kenneth L. Perkes

          Attempted first degree assault, criminal threatening,
          simple assault; whether defendant was falsely arrested;
          whether superior court erred in refusing to set aside
          verdict; whether defendant knowingly and intelligently
          waived right to counsel; whether dismissal required
          because police destroyed exculpatory evidence and State
          presented perjured testimony; sufficiency of evidence;
          whether court erred by granting State's motion to
          reconsider sentence; double jeopardy

97-028    Hurd, Jessie             v.   Valliere,* Daisy Mae
            Carol Williams, and           Peter P. Waiveris, Jr.
            John A. Valliere            Peter V. Millham for
          Elaine L. Baillargeon           Ms. Valliere

          Undue influence, confidential relationship - action to
          set aside will, gift, and joint tenancies; numerous
          issues including proper application of law as to undue
          influence, application of burden to establish absence
          of undue influence, admission of evidence; whether
          checking accounts were joint, exclusion of witness to
          execution of deed, admission of psychiatrist's

97-319    State of NH              v.   Gonzalez,* Geraldo
          Attorney General              James E. Duggan
                                        Paul Haley

          Possession of controlled drug with intent to sell,
          conspiracy to possess controlled drug with intent to
          sell - illegal search; whether defendant had standing
          to contest search of package; whether court erred in
          upholding validity of anticipatory search warrant

97-493    Whitney,* Erich C.,      v.   Sobel, Jonathan W.,
            Holly E.M. Whitney            Valerie A. Sobel,      
          Jay E. Printzlau                Charles F. Hutton,
                                          Ethyl T. Hutton,
                                          heirs of Emma C. Boyd,
                                          Town of Derry, and
                                          unknown persons
                                        Lawrence M. Edelman

          Quiet title - default; failure to vacate default
          entered due to failure to answer interrogatories where
          defendants suffered no prejudice; whether court delay
          in providing notice prejudiced the plaintiff

97-528    Kirkpatrick,* Carl and   v.   Town of Peterborough,
            Sheila, David Weir,           Michael A. Salera,
            Richard Estes, Susan          Marcia Salera
            Phillips Hungerford,        John J. Ratigan
            Edward C. Kelley, Ferris    Donald E. Gartrell
            B. Urbanowski, Mary 
            E. Monahon
          Carolyn W. Baldwin            

          Municipal regulation - variance; whether plaintiffs
          have standing to appeal grant of variance

97-576    Thompson,* Greg R., M.D., Appeal of
          (board of registration in medicine)
          Stanton E. Tefft for petitioner
          Attorney General

          Psychiatrist license revocation - numerous issues
          including violation of administrative rules, permitting
          surprise witness to testify; whether board erred by
          finding new facts despite stipulation of facts and
          without notice to licensee that new facts would be
          developed, denial of cross-examination by board's legal
          advisor, conflict of interest between board's legal
          advisor and prosecutor, violation of due process right
          to discovery and subpoenas, sufficiency of evidence,
          denial of continuance, Right-to-Know Law violation,
          bias, whether sanction is unreasonable, denial of
          request to voir dire board members

97-585    Schneider, Tracy         v.   Plymouth State College,*
          Charles G. Douglas III          University System of
          Susanna G. Robinson             New Hampshire
                                        Joseph M. McDonough III
                                        Dyana J. Crahan

          Sexual harassment - numerous issues including
          application of strict liability standard to claim of
          quid pro quo harassment, application of constructive
          notice/negligence standard to claim of hostile
          environment; whether plaintiff's confidentiality
          requests insulate defendants from liability, erroneous
          jury instructions, allowing jury to award enhanced
          compensatory damages, discretionary function immunity

97-627    Quinn Brothers, Inc.*    v.   Whitehouse, David d/b/a
          Edward D. Philpot, Jr.          East Coast Rent-A-Fence
                                        Paul C. Bordeau

          Contract damages - whether jury verdict awarding
          contract damages was erroneous since contract was not
          completed and no quantum meruit claim was pled or

97-630    Estate of Edythe R. Jenkins
          Charles A. Griffin for Darby Jenkins Healey*
          J.P. Nadeau for Cynthia Hickson

          Removal of executrix - whether executrix improperly
          used estate funds, arbitrarily chose not to include
          promissory note as estate asset, and improperly
          distributed uninventoried property to two legatees;
          whether court erred in removing executrix and
          appointing special administrator

97-698    Town of Henniker by W.H. v.   Houghton,* Carl E.
            Crane, Animal Control       Michael J. Sheehan
          pro se                        

          Recovery of costs of caring for seized animals -
          whether court erred by shifting cost of an unsuccessful
          criminal prosecution to the defendant

97-717    State of NH              v.   Gonzalez,* Geraldo
          Attorney General              James E. Duggan
                                        Stuart M. Hurowitz

          Possession of controlled drug with intent to sell and
          conspiracy - motion for new trial; numerous issues
          including failure to hold status of counsel hearing,
          ineffective assistance of counsel, whether trial
          counsel refused to allow defendant to testify; whether
          trial counsel effectively admitted guilt to lesser
          included offense, whether State was required to prove
          all eight overt acts alleged in indictment, failure to
          object to bad acts evidence and improperly certified
          out-of-State conviction

97-764    State of NH              v.   Fairbanks,* Joshua
          Attorney General              James E. Duggan
                                        Paul G. Schweizer

          Second degree murder - sufficiency of evidence 

97-772    State of NH              v.   Bishop,* Frederick J.
          Attorney General              William A. Mulvey, Jr.
                                        Mark L. Sisti

          Felonious sexual assault - allowing victim to testify
          as to his own age; sufficiency of the evidence;
          allowing prosecutor to question defense witness about
          conversation they had prior to witness taking the stand

97-783    Hoyt,* Floyd W., N.D., Appeal of
          (board of naturopathic examiners)
          John M. Lewis for Mr. Hoyt
          Attorney General

          License denial - whether applicant met license
          requirements for naturopathic license; whether board
          erred in ruling that applicant must pass competency
          based exam; equal protection

97-785    Robinson,* Carole E., N.D., Appeal of
          (board of naturopathic examiners)
          John M. Lewis for Ms. Robinson
          Attorney General

          License denial - whether applicant met license
          requirements for naturopathic license; whether board
          erred in ruling that applicant must pass competency
          based exam; equal protection

97-807    Provencher,* Jennifer L. v.   Jacques, Gregory J.
            (Jacques)                   pro se
          Althea L. Froburg             

          Post-divorce proceedings - child custody, contempt;
          whether plaintiff was in contempt of permanent
          stipulation for moving with child to Florida; whether
          court erred in changing custody of child and by
          applying incorrect legal standard; whether court erred
          in awarding costs to defendant

97-809    State of NH              v.   Hollis,* Robert
          Attorney General              James E. Duggan
                                        Caroline L. Smith
                                        Dorothy E. Graham
          Aggravated felonious sexual assault - sufficiency of
          evidence; whether court erred by instructing jury that
          the element of "touching of the genitalia" did not
          require State to prove that defendant had direct
          contact with skin of victim's genitals

97-810    First Amherst Financial  v.   Runyon, L. Phillips III,
            Group*                        Primary Bank f/k/a
          Marc W. McDonald                Peterborough Savings   
                                          Bank, A.G. Edwards and 
                                        Richard C. Gagliuso

          Guarantor liability - promissory note; whether
          defendant waived statute of limitations; whether
          bankruptcy proceedings tolled statute of limitations;
          whether defendant reaffirmed debt; estoppel by conduct

97-829    Laconia School Board,* Appeal of
          (public employee labor relations board)
          Paul T. Fitzgerald, for the petitioner
          James F. Allmendinger, for Educational Assistants of
            Laconia, NEA-New Hampshire
          Attorney General

          Unfair labor practice - whether school district bound
          by cost item in collective bargaining agreement that it
          misunderstood and failed to submit to legislative body
          for approval; whether legislative body ratified said
          cost item; whether board erred in allowing alternate
          chairman who had not participated in original hearing
          to participate in ruling on motion for rehearing

Note:     The court has consolidated 97-319 and 97-717.