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