Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - February 2000

      * denotes appealing parties

99-296    KSC Realty Trust,* William    v.   Town of Freedom, 
          Foord, Carol Foord                 Mary Mahew
                                             intervenor
          Mark H. Puffer                     Laurence F. Gardner
                                             Arthur G. Greene
                                             
          Municipal regulation - zoning; whether order denying
          plaintiffs ability to sell and remove spring water is
          contrary to plain meaning of zoning ordinance; whether
          court erred by focusing on intent of zoning ordinance;
          whether court misapplied ordinance governing expansion
          of nonconforming uses
          
99-464    In re Sherry Y.
          Roland R. Tamminga, for mother, Linda M.*
          Suzanne M. Rock
          Ruth Gulick
          Bruce Young, pro se
          
          Child visitation - whether parent of child under age
          fourteen has right to visitation when child refuses to
          participate where there is no showing parent abused
          child or that contact will harm child; whether court
          erred by indefinitely suspending visitation and
          telephone contact
          
99-629    Senter Cove Development  v.   Crowninshield, Martha
          Company, Inc., Business       H.W., Bridgeton          
          Assets Management, Inc.,      Corporation, John Doe,   
          Jean E. Vorisek Family        Mary Roe                 
          Trust, GAIA Family Limited    Thomas J. Donovan
          Partnership, Jean E. Quinn*   David A. Brown
          a/k/a Jean E. Vorisek,        
          Netmark International, Inc.   
          assignee of High Birches
          Brand Trademark 
          Jean E. Quinn, pro se
                                        
                                        
          Foreclosure - collateral estoppel; failure to grant new
          trial based on newly discovered evidence; res judicata

99-682    State of NH              v.   Fuller,* Michael
          Attorney General              James E. Duggan
                                        Bruce R. Jasper
                                        
          Probation violation - whether exclusionary rule applies
          to probation revocation hearings in case of warrantless
          search of probationer; whether home confinement imposed
          by probation officer prior to probation revocation
          sentence constitutes pretrial confinement to be
          credited against court-imposed sentence
          
99-686    State of NH              v.   Doucette,* Danuta Z.
          Attorney General              pro se
          
          Housing code violations - denial of right to defend
          oneself and subpoena witnesses, where defendant under
          legal guardianship
          
99-706    In re Estate of Mary L. Heald      
          Tony F. Soltani, for Joseph Heald*      
          Joseph Tropiano, administrator for estate
          Donna McCosker, pro se
          
          Probate estate - whether beneficiary of estate can be
          ordered to pay over $20,000 to estate without benefit
          of jury trial; whether probate court erred in removing
          executor
          
99-736    Flynn,* Brian, Michelle  v.   Beauregard, David
          Flynn                         Caroline K. Delaney
          Brian C. Shaughnessy          
          
          Personal jurisdiction - whether court has personal
          jurisdiction over non-resident defendant when defendant
          lived in NH at time of automobile accident, but
          accident occurred in Massachusetts and defendant
          subsequently moved to Massachusetts
          
99-750    State of NH              v.   Aubuchont,* James
          Attorney General              James E. Duggan
                                        Kent Smith
                                        
                                        
          First degree assault - whether statements of defendant
          were fruit of an illegal arrest or detention; whether
          statements of defendant were involuntary; failure to
          suppress statements given outside the protections of
          Miranda; sufficiency of evidence

99-771    Hoffman,* Joseph         v.   Town of Gilford, Fay's 
          Robert I. Morgan              Boats, Inc.
                                        Timothy Bates
                                        William Philpot
                                        
          Municipal regulation - whether town's regulations
          permit aggrieved party to appeal planning board
          decision to zoning board of adjustment without
          simultaneously filing appeal in superior court to
          preserve "planning" issues for court review
          
99-774    Holloran,* Patrick W., Appeal of
          (compensation appeals board)
          Shawn E. Nichols
          James E. Owers
          Attorney General
          
          Workers' compensation - whether the weekly wage
          benefits awarded to claimants who are improperly denied
          reinstatement by their employer may be assessed against
          the employer's workers' compensation insurance carrier
          as well as against the employer
          
99-775    State of NH              v.   Byrd,* Matthew
          Attorney General              James E. Duggan
                                        Timothy Landry
                                        
          Simple assault - whether superior court erred by
          remanding case to district court for imposition of
          sentence after defendant failed to appear on time for
          trial where defendant was not afforded a trial and did
          not plead guilty to the offense
          
99-778    Owens,* Steven, Appeal of
          (compensation appeals board)
          Leslie C. Nixon
          Paul R. Kfoury, Jr.
          Attorney General
          
          Workers' compensation - whether disability benefits are
          calculated with reference to date of first medical
          treatment or subsequent date of disability; whether
          board misconstrued "after-tax earnings" in RSA 281-
          A:15, IV; whether average weekly wages are calculated
          differently for cumulative trauma injuries than for
          specific event injuries
     
99-780    Denton,* Peggy J., Appeal of
          (compensation appeals board)
          Richard J. Walsh
          Nelson Raust
          Attorney General
          
          Workers' compensation - whether board erred by not
          awarding interest on award for payment of unpaid
          medical bills and expenses
          
99-783    State of NH              v.   Hammell,* Brian
          Attorney General              James E. Duggan
                                        Theodore Barnes
                                        
          Felon in possession of a weapon, simple assault -
          numerous issues including failure to suppress seizure
          of weapons; sufficiency of evidence; whether court
          erred by imposing extended term of imprisonment; denial
          of speedy trial rights; double jeopardy
          
99-786    In the Matter of Douglas M. Fowler and Valerie J.
          Fowler*
          F. Michael Keefe
          Keri J. Marshall
          
          Divorce - failure to equitably distribute family
          revocable trust; exclusion of evidence of parties'
          intent associated with trust; failure to address
          requests for findings and rulings; error in calculating
          respondent's interest in marital residence

99-790    Portsmouth Regional Hospital,* Appeal of
          (health services planning and review board)
          John A. Malmberg
          Lucy C. Hodder
          Attorney General
          
          Certificate of need - failure of board to include value
          of land and existing buildings in determining capital
          expenditure necessary to develop a proposed ambulatory
          surgery center was less than statutory threshold for
          requiring certificate of need

99-791    State of NH              v.   Ricker,* Daryl
          Attorney General              James E. Duggan
                                        Leila Thamer
                                        
          Driving after certification as habitual offender,
          disobeying a police officer - admission of evidence
          that defendant was hiding in a closet when police
          sought to arrest him on unrelated warrants; admission
          of out-of-court and in-court identifications;
          sufficiency of evidence that defendant was driver
          
99-794    Conservation Law Foundation,*  Appeal of
          (public utilities commission)
          Nancy L. Girard
          Thomas F. Irwin
          Thomas I. Arnold, III
          Peter Griffin
          Attorney General
          
          Public utilities - whether PUC has jurisdiction to
          conduct a hearing pursuant to RSA 365:24-a to determine
          whether City of Manchester's removal and destruction of
          railroad equipment and rail bed is inconsistent with
          public good and should be restored
          
99-798    Office of Consumer Advocate,* Appeal of
          (public utilities commission)
          Michael W. Holmes
          F. Anne Ross
          J. Michael Hickey
          Victor Del Vecchio
          Brian Susnock
          Eugene F. Sullivan III
          Gregory Demund
          James Monahan
          Attorney General
          
          Public utilities - contract for asynchronous transfer
          mode cell relay services; whether the petitioner has
          standing to request a rehearing of PUC orders
          
99-805    In the Matter of Judith O. Thayer* and W. Stephen      
          Thayer, III
          Theodore Kamasinski
          William E. Brennan
          
          Divorce - reliance upon affidavit; approval of
          unilateral modifications to marital home purchase and
          sale agreement; due process

99-819    Coyle,* James, Joan Coyle     v.   Battles, William,
          William A. Theroux, Jr.            Edward McBurney,    
                                             McBurney Law Offices 
                                             P.C.
                                             Erland C.L.
                                             McLetchie
                                             
          Legal malpractice, breach of contract, unjust
          enrichment - numerous issues including statute of
          limitations; failure to apply discovery rule; whether
          court erred by granting summary judgment; whether
          charging excessive fee or performing excessive services
          breaches duty of care owed by attorney to client
          
99-822    Anderson,* Marion, Appeal of
          (Manchester employees' contributory retirement system)
          Vincent A. Wenners Jr.
          Stephanie Stergiou Ferro
          Linda Johnson
          Attorney General
          
          Disability pension benefits - whether employees must
          retire immediately upon suffering any injury which
          could be totally disabling; application of rule
          requiring employees to apply for disability benefits
          within 60 days of retirement even though employee was
          not totally disabled within that time period; whether
          municipal retirement system acted ultra vires in
          adopting rule
          
99-823    In the Matter of Linda Driscoll and William Driscoll*
          Joshua L. Gordon
          Honey Hastings
          
          Post-divorce proceedings - alimony; numerous issues
          including whether court erred by barring review of
          alimony by respondent for ten years and by awarding
          alimony for ten years; whether court erred in awarding
          alimony where petitioner has not demonstrated a need
          and respondent cannot afford to pay; failure to specify
          reasons for award of alimony