Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - November 1999

      * denotes appealing parties

99-139    Kelsea,* Richard         v.   Town of Pembroke
          Grant Kidd                    Robert Upton, II
                                        Gregory Michael
          Municipal regulation - whether common law governing
          expansion of nonconforming use was applicable; whether
          expansion of nonconforming use (increase in height of
          tower) from 130 feet to 180 feet violated zoning

99-229    Lebroke, Gretchen,       v.   United States 
          Vermont Mutual Insurance      Fidelity & Guaranty
          Judy Rigmont                  Insurance Company*
          Gregory M. Eaton              Andrew D. Dunn
          Gregory R. Couture            Joelle G. Collins
                                        Julie A. Dascoli
          Automobile insurance policy - dog bite; whether dog
          bite injury was proximately caused by operation or
          driving function of an automobile or the condition of
          the vehicle itself; whether dog bite injury resulted
          from an auto accident

99-355    J & N Fieldstone         v.   BHC Development           
          Supply, Inc.                  Corp.,*
          Kenneth A. Cossingham         Janice E. Burnham,        
                                        Jeanne Huff, John R.      
                                        Huff, John W. Carr,
                                        Joseph C. Burnham,        
                                        Nancy Carr     
                                        Kevin P. Rauseo
          BHC Development Corp.*   v.   Town of Plaistow
                                        Sumner Kalman
          Quiet title - whether court erred in granting summary
          judgment; whether RSA 80:39 bars BHC from attacking
          validity of tax sale and tax deed; whether failure to
          give notice violates due process; whether RSA 80:39 is

99-384    In re Samantha L.
          Paula J. Werme, for the mother*
          Attorney General
          Cindee Carter
          Christine Tebbetts
          Child abuse and neglect - numerous issues including
          whether finding of abuse requires that person named
          have personal culpability; extent of court's ability to
          order psychological evaluation of parent; lack of
          notice and hearing on issue of parent's refusal to
          acknowledge abuse; whether superior court abused its
          discretion in issuing ex parte orders; failure to
          perform in camera inspection of state police files;
          whether court's dispostional order was abuse of
          discretion; whether court can order parent not named in
          petition to undergo DNA testing or a psychological
          evaluation as a prerequisite to visitation

99-435    Held, Helen L.           v.   Osmundson,* Mark L. 
          Kenneth D. Murphy             pro se
          Domestic violence - numerous issues including whether
          court had jurisdiction over defendant who lives in New
          York; consideration of prior lapsed restraining orders;
          sufficiency of evidence; admission of hearsay; whether
          court erred by extending lapsed domestic violence order

99-485    Rose,* Joyce E., Appeal of
          (compensation appeals board)
          Shawn E. Nichols
          Scott A. Ewing
          Attorney General
          Workers' compensation - whether claimant who receives
          unfavorable decision from board but who obtains a new
          hearing based upon a motion for rehearing has
          "prevailed" under RSA 281-A:44 and is entitled to
          attorney's fees

99-488    State of NH              v.   Danis,* Anthony
          Attorney General              James E. Duggan
                                        Timothy Landry
          Possession of cocaine - denial of motion to suppress
          where police lacked basis to seize defendant or frisk
          defendant; failure to indict defendant for 228 days

99-492    State of NH              v.   Ayotte,* Andrea
          Attorney General              Leonard D. Harden
          Arson - admission of evidence of prior fire; denial of
          mistrial after improper testimony adduced by State;
          multiplicitous indictment

99-493    State of NH              v.   Kenyon,* Craig
          Attorney General              Richard C. Mooney
          Sale of controlled substance - whether court erred in
          allowing confidential informant to testify after State
          granted him immunity

99-506    State of NH              v.   Almodovar,* Angel
          Attorney General              James E. Duggan
                                        Carl D. Olson
          Probation violation - whether defendant violated
          probation by withdrawing from sex offender program
          temporarily because he lacked money to pay for either
          counseling or transportation

99-507    Orix Credit Alliance,    v.   Community Bank &          
          Inc.                          Trust Company, Lorraine   
          Mark F. Weaver                G. Spera, Trustee,        
                                        Torromeo Industries,      
                                        Inc.,* Anthony C. Spera
                                        Sumner F. Kalman
          Priority of liens - whether court may dissolve properly
          granted and recorded ex parte attachment

99-518    State of NH              v.   Chandonnet,* Daniel P.
          Attorney General              James E. Duggan
                                        Thomas A. Ficarra
          Driving after certification as habitual offender -
          sufficiency of evidence; denial of motion to set aside
          verdict when only eyewitness testimony came from
          witness who admitted lying about events of the night in

99-525    State of NH              v.   Derosia,* Leo A.
          Attorney General              James E. Duggan
                                        Richard G. Smith
                                                  Receiving stolen property - whether defense witness's
          testimony "opened the door" to permit admission of
          defendant's criminal record; failure of jurors on voir
          dire to acknowledge their knowledge of defendant and
          witnesses; failure of trial court to reconvene jury 

99-528    Termination of Parental Rights over Shannon M.
          Dawn E. Caradonna, for the mother*
          Kathleen Sternenberg and Elizabeth Cazden, for the      
          Termination of parental rights - denial of petition;
          failure to find presumption of abandonment by father;
          failure to find that father's behavior was evidence of
          intent to abandon child; admission of hearsay

99-536    In the Matter of Patricia Preston and Warren Preston*
          R. James Steiner
          Henrietta Luneau
          Divorce - whether annuity to husband resulting from
          permanent disabling injuries he suffered in automobile
          accident constitutes marital property; whether court
          abused its discretion by including annuity as marital

99-547    Estate of Robert T.      v.   Fleet Bank, Lorraine
          Tremaine by Norman R.         Tremaine*
          Tremaine, Executor            Elizabeth  Cazden    
          Emile R. Bussiere        
          IRA distribution - whether language of divorce decree
          permanent stipulation revoked designation of former
          spouse as beneficiary of IRA account
99-550    Golden,* Judith, Appeal of
          (compensation appeals board)
          Raymond J. Kelly
          James Owers
          Attorney General
          Workers' compensation - failure to award partial

99-551    State of NH              v.   Landry,* Kevin
          Attorney General              James A. Connor
          Theft by deception - whether RSA 625:4 denies due
          process or right to proper venue; whether venue was
          proper in Rockingham County; denial of right to
          confrontation; jury instruction regarding venue;
          sufficiency of evidence; failure by State to introduce
          expert medical evidence

99-554    Inter-Lakes School Board,* Appeal of
          (public employee labor relations board_
          Bradley F. Kidder
          Steven R. Sacks
          Attorney General
          Public employee collective bargaining - whether fact-
          finder's report must be submitted to voters of the
          legislative body in a single warrant article  

99-555    State of NH              v.   Cassavaugh,* Richard
          Attorney General              Philip Desfosses
          Driving while intoxicated - Miranda violation; failure
          to suppress statements made to police

99-560    State of NH              v.   Tan,* BunChan             
          Attorney General              Paul J. Haley
          Aggravated felonious sexual assault, attempted
          aggravated felonious sexual assault - exclusion of
          evidence that defendant was charged with only one
          offense but thereafter indicted for two offenses; jury
          instructions on consent; sufficiency of evidence;
          refusal to allow defendant to argue State's failure to
          introduce victim's taped statement into evidence;
          denial of motion for court-appointed translator at

99-565    New Canaan Bank &        v.   Pfeffer, Steven S.
          Trust*                        Frank H. Olmstead
          K. William Clauson            
          Promissory note - collection action; numerous issues
          including whether court erred by sua sponte raising
          unpled affirmative defense after trial; denial of
          hearing on said defense; whether court erred in finding
          that bank acted in bad faith; whether court misapplied
          Uniform Commercial Code in defining "good faith";
          cross-appeal - whether court misread note provision
          regarding interest; failure to apply Connecticut law;
          denial of estoppel defense; whether defendant raised
          defense of discharge

99-568    State of NH              v.   Dunleavey,* Marcus
          Attorney General              James H. Moir
          Resisting arrest - whether defendant can be guilty of
          resisting arrest where the basis of detention was for
          protective custody; whether defendant waived issues by
          not raising them prior to trial; denial of requested
          jury instruction and closing argument

99-576    State of NH              v.   Hight,* Dorian
          Attorney General              Joshua L. Gordon
          Possession of marijuana - whether defendant gave valid
          consent for search
99-586    State of NH              v.   Diamond,* Steven
          Attorney General              Joshua L. Gordon
          Obstructing governmental administration - whether
          University of New Hampshire police department has
          authority to arrest; whether UNH police are accountable
          to and under control of Durham police chief; whether
          defendant's conduct violated statute
99-588    Hughes,* Michael, Laura Hughes, Appeal of
          (board of tax and land appeals)
          John G. Cronin
          Gary J. Roberge, Jr.
          Attorney General
          Property tax abatement - whether town's equalization
          method is proper; whether board erred in valuing
          property at $250,000

99-595    North Country            v.   Town of Bethlehem*
          Environmental Services,        
          Town of Bethlehem*       v.   North Country 
          Environmental Services,       Philip R. Waystack, Jr.
          Inc.                          Jonathan S. Frizzell
          Robert A. Olson                                         
          Bryan K. Gould                                          
          Municipal regulation - private landfill; whether trial
          court has jurisdiction over "exactions" claim; whether
          zoning board of adjustment decision approving
          stipulation constituted waiver of "exactions" claim;
          improper placement of burden of proof

99-596    State of NH              v.   Guaraldi,* Leonard
          Attorney General              Claude T. Buttrey
          Driving while intoxicated, transporting alcoholic
          beverages - whether police had reasonable articulable
          suspicion to stop defendant's vehicle

          Note: The court has consolidated 99-234 with 99-595.