Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - November 1998


94-450    Petition of Townsend,                                  
          Duon Townsend,* pro se                   
          Paul G. Sanderson for DCYS                        
          Sharon Rondeau for Irene LeFave                         
          Abuse and neglect-vistation; whether court abused its 
          discretion in post-dispotional order after finding
          plantiff abused or neglected children

97-087    Lembo, David             v.   Bennett,* Edward & Joyce
          Thomas Craig                  Peter Hutchins

          Negligence - automobile accident; whether court erred
          in instructing jury that loss of enjoyment of life
          damages are separate from pain and suffering; whether
          said instruction was confusing in a case alleging loss
          of consortium by claimant's spouse; denial of motion to
          set aside or for remittitur

98-077    YYY Corporation           v.  Gazda,* Richard and
          Clifford P. Gallant Jr.       Everette                 
                                        Charles B. Doleac
                                        Benjamin T. King

          Promissory notes - numerous issues including denial of
          discovery regarding plaintiff's purchase of notes from
          FDIC; failure to require plaintiff to produce original
          notes; whether plaintiff may enforce lost negotiable
          instrument absent affidavit accounting for loss;
          whether plaintiff breached duty of good faith and fair
          dealing; unjust enrichment; cross-appeal - whether RSA
          382-A:3-309(a) bars plaintiff as assignee of the FDIC
          as receiver for the bank from enforcing the April 1987

98-230    State of NH              v.   Surprenant,* Kevin
          Attorney General              James E. Duggan
                                        Darcie E. Spence

          Sentence - pretrial confinement; whether court erred in
          denying pretrial confinement credit for period during
          which defendant was incarcerated in Massachusetts
          solely due to NH detainer

98-350    Holt,* Hillis W.         v.   Town of Enfield, Enfield
          William K. Koppenheffer       Planning Board
                                        Barton L. Mayer

          Municipal regulation - whether plaintiff's two lots, on
          opposite sides of a road, are contiguous; whether court
          erred in extending holding of Mudge v. Precinct of
          Haverhill Corner, 133 N.H. 881 (1993), to prohibit
          merger of lots on opposite sides of a right-of-way
          under RSA 674:39-a

98-374    New Hampshire Troopers Association,* Appeal of
          (public employee labor relations board)
          James W. Donchess
          Attorney General

          Unfair labor practice - whether division of state
          police can change corporals' rank to that of trooper
          first class absent any disciplinary violation; whether
          unilateral changes in rank in the guise of a
          reorganization without negotiation with union is unfair
          labor practice; whether changes in rank were
          reclassifications permitted by RSA 273-A:1, XI

98-376    West Gate Village Assoc. v.   DuBois,* Joseph and
          Dubois,* Joseph          v.   West Gate Village        
          and Sabine                    Assoc.
          Joseph E. Mitchell, for       Scott W. Flood, for West
          the Dubois'                   Gate 
                                        Timothy J. Arel, for West

          Condominium assessments - whether prior ruling applying
          statute of limitations to appellants' claim barred
          appellants from raising defense to counterclaim; law of
          the case doctrine; res judicata; erroneous award of
          attorney's fees

98-377    Burgess,* Harold         v.   Burgess, Sharron
          Alan S. Greene                Mark S. Moeller

          Divorce - numerous issues including denial of
          continuance; alimony; whether court erred in awarding
          marital home to defendant; improper valuation of
          marital home; failure to credit plaintiff with payments
          made; proper valuation date for savings account

98-398    In re Amanda C.
          JoAnn Samson, for the father*
          Gabriel Nizetic, for the mother
          Attorney General

          Child abuse and neglect proceeding - right to appeal;
          whether family division pilot program rule providing
          for direct appeal to supreme court complies with
          statutes; whether denial of de novo appeal violates
          equal protection; whether rule eliminating de novo
          appeals is unconstitutional

98-399    Brae Asset Fund, L.P.*   v.   Laconia Investment
          Patrick J. Devine             Properties, Inc., Robert
                                        L. Steuk, Walter C.
                                        Pierce Jr.,
                                        L. John Davidson,
                                        John B. Robertson, Long
                                        Bay Corporation
                                        Mark Weaver, for Steuk
                                        Stephen G. Hermans, for
                                        L. John Davidson, pro se
                                        John B. Robertson, pro se

          Notes, guarantees - whether counsel who appeared at ADR
          session for plaintiff but failed to file appearance was
          nonappearing counsel; whether court erred in dismissing
          action after counsel appeared at mediation with
          settlement authority but without plaintiff due to
          accident, mistake or misfortune

98-401    Maloof, Ronald and       v.   Bonser, Robert, Cedar
          Robin                         Waters Village, Inc.,    
          Stephen Woods                 Cedar Waters Village
          J. Christopher McGuirk        Paternship*
                                        William Dewhurst
                                        Terry L. Bonser,* pro se
                                        Mary L. Parks Bonser,*
                                        pro se

          Fraud, misrepresentation - failure to dismiss
          partnership as defendant where alleged tortuous
          statements were made prior to formation of partnership;
          allowing jury to consider acts occuring earlier than
          dates alleged in complaint; statute of limitations;
          surprise; whether court made misleading statement to

98-436    Mullin,* Wayne, William  v.   Joy, Violet M.
          Mullin, June Mullin           Dennis Ducharme
          Gregory R. Couture       

          Negligence - automobile/bicycle accident; failure to
          set aside verdict for defendant where accident could
          not have occurred without defendant's negligence

98-488    Witasick,* Kevin J.,     v.   Town of Wilton
          Whitney S. Witasick           Silas Little, III
          Nolan T. Koon       

          Property tax abatement - inventory; numerous issues
          including admission of testimony on motion to dismiss;
          whether town mailed inventory blank to property owner;
          application of RSA 74:7-a to nonresident property
          owner; whether RSA 74:7-c is constitutional; whether a
          successor in title is barred from seeking abatement due
          to predecessor's failure to file inventory

98-514    Skillsoft Corporation,   v.   Harcourt General, Inc.,*
          Charles E. Moran,             National Education
          Mark Townsend                 Training Group, Inc.
          Christopher Cole              Kevin E. Sharkey

          Declaratory judgment - personal jurisdiction; whether
          holding that court has jurisdiction over defendants
          violates due process; whether defendants' actions
          constitute intentional and purposeful availment of
          benefits and protections of NH laws such that
          defendants could reasonably anticipate being haled into
          NH court

98-543    Crane, Michael           v.   Peerless Insurance
          Joseph F. Daschbach           Company*
                                        Andrew D. Dunn

          Automobile insurance - rescission; whether court erred
          by requiring defendant to prove that plaintiff was not
          a NH resident at any time during policy coverage;
          whether plaintiff was a NH resident; whether court
          erred in awarding attorney's fees to plaintiff under
          RSA 491:22-b in action that was in substance for
          rescission of insurance contract

98-622    ICS Communications,      v.   Fitch, Richard

          A & B Lumber Company,    v.   Pitman, Richard
          A & B Lumber Company,    v.   Pitman, Mary Ellen
          Inc.*                         Charles G. Douglas, III
          Michael R. Callahan           for Richard Fitch and 
          Michael D. Ramsdell           Richard Pitman
                                        Edmund S. Waters for
                                        Mary Ellen Pitman

          Wage claim - whether employer is entitled to jury trial
          in wage claim action originally filed with department
          of labor where amount in controversy exceeds $1500;
          interlocutory appeal

98-629    Smith,* Stephen, Petition of
          Stephen E. Gaige
          William E. Brennan
          Brian G. Germaine, GAL

          Certiorari - denial of interlocutory appeal; whether NH
          court is required to give full faith and credit to
          California court's order on child custody; whether NH
          court has subject matter jurisdiction

98-695    Fischer, David J., New   v.   Shaheen,* Jeanne,
          Hampshire Civil               Governor,
          Liberties Union               William M. Gardner, 
          Joshua A. Gordon              Secretary of State,
          Joseph S. Haas,               Muriel Gagnon, Supervisor
          pro se, attempted             of Checklist of
          intervenor                    Rochester, NH
                                        Martin P. Honigberg
          Voting - whether statute prohibiting convicted,
          incarcerated felons from voting is unconstitutional;
          whether Governor and Secretary of State were proper
          parties; standing of Civil Liberties Union; allowing
          petitioners to proceed on facially deficient petition