Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - June 2000

	 * denotes appealing parties

99-540    State of NH,* Appeal of
          (public employee labor relations board)
          Attorney General
          James W. Donchess
          
          Unfair labor practice - overtime pay; whether board
          misconstrued collective bargaining agreement as
          requiring payment of a four-hour minimum overtime
          allotment for every off-duty court appearance made by
          the employee rather than for every call-back period;
          failure to comply with grievance and arbitration
          provisions; misapplication of past practice doctrine;
          sufficiency of evidence; statute of limitations
          
99-717    State of NH              v.   Fereira,* Peter
          Attorney General              Ray Raimo
          
          Driving after certification as habitual offender -
          whether stop of defendant's vehicle violated
          constitution; application of incorrect legal standard
          in determining if officer had reasonable suspicion to
          stop vehicle
          
99-758    In re Terrance P.* 
          Richard Cornelius
          Attorney General
          
          Involuntary commitment - civil; whether probate courts
          must adopt standards for placement at secure
          psychiatric unit (SPU); whether State must present
          evidence of comparative degree of isolation,
          opportunities for treatment and other services at the
          SPU versus those available at New Hampshire Hospital
          (NHH) and possible modifications for placement at NHH
          related to circumstances of the individual before the
          court

00-049    Teng,* Chao-cheng        v.   Geisel, Robert G. Jr,
          Michael E. Chubrich           Town of Greenfield
                                        John F. Teague
                                        
          Tax sale - whether tax collector had authority to 
          disregard instructions and apply payment to disputed
          earlier taxes; whether taking of entire farm worth
          $220,800 for unpaid taxes of under $6,000 violated
          State and Federal Constitutions; whether material
          disputed facts should have prevented grant of summary
          judgment.
          
00-104    Beckman, Jere R., David  v.   Oyster River School
          Brown, Joan Hartford,         Board,*
          Star Halderman, Frank         Oyster River             
          Graham, Edward F. Smith,      Cooperative              
          Ernest J. Bunning, Morey      School District, Tom
          Borovick, Richard Gordon      Carroll, Superintendent,
          Anthony A. McManus            Drew Christie
                                        Gordon B. Graham
                                        
          Special school district meeting - whether vote to
          approve bond issue taken at special meeting held
          without court approval was authorized by Laws 1999, 2:3
          
00-106    In the Matter of Helen S. Nickerson and Clarke C.
          Nickerson*
          Janice McLaughlin             
          Edward Mulligan
          
          Post-divorce proceedings - denial of motion for further
          hearing; whether federal tax refund is marital asset
          
00-109    State of NH              v.   Richard,* Christopher
          Attorney General              Steven L. Maynard
          
          Aggravated felonious sexual assault, felonious sexual
          assault - denial of pretrial depositions; failure to
          dismiss "pattern" indictments; erroneous jury
          instructions regarding "pattern" offenses and
          corroboration of victim's testimony; allowing testimony
          of defendant's out-of-court statements that were not
          admissions

00-114    Bianco, P.A.,* James J.  v.   The Home Insurance Co.
          Bianco, Jr., Michael          David Grossbaum
          J. Farley, Eric G.            William Saturley
          Falkenham
          Doreen F. Connor         
                    
          Insurance coverage dispute - attorney's fees and costs;
          whether court erred in reducing reimbursement of
          attorney's fees under RSA 491:22-b for two prevailing
          plaintiffs on ground that other two plaintiffs did not
          prevail
          
00-120    In the Matter of Megan Spencer* and Valerie Donovan,
            Norman Larsen, Anne Kelley, Thomas Kelley
          J. Campbell Harvey
          Stephen J. Frasca
          Ellen M. Joseph
          
          Child custody - whether superior court erred by
          dismissing enforcement petition under UCCJA where
          natural mother is seeking to exercise, under out-of-
          state decree, physical custody of child who is with
          persons appointed by the mother's co-custodians without
          the mother's consent; whether superior court required
          to dismiss action and refer case to probate court for
          guardianship proceedings; whether New Hampshire is the
          child's "home state" under RSA 458-A:2 & :3
          
00-131    Marchand, Suzanne, Peter v.   Town of Hudson*
          Radziewicz, Joanne            John J. Ratigan
          Radziewicz                    Susan W. Chamberlin
          Andrew A. Prolman

          Municipal regulation - amateur ham radio towers;
          whether three 100 foot towers are lawful accessory uses
          under zoning ordinance; whether court failed to
          properly balance federal interest in providing amateur
          radio operations and town's interest in regulating
          zoning

00-132    In the Matter of Albert R. Ouellette* and Caroline
          P. Ouellette
          Mark F. Sullivan
          Jackson Casey
          
          Divorce - whether notice of hearing and hearing itself
          satisfied due process; whether court erred by refusing
          to take testimony at hearing; denial of reconsideration

00-134    Runions, Gabrielle       v.   Hopkins,* Robert
          Chris W. Calivas              Debra W. Ford
          Elizabeth A. Donovan          Charles R. Powell, III
          
          Child support modification - whether court has personal
          jurisdiction over defendant despite lack of proper
          service; whether court has continuing jurisdiction
          under RSA 546-B:7 even though obligor, obligee, and
          child all reside in Maine
          
00-136    Reis,* Randolph J.       v.   Town of Mont Vernon, 
          Robert D. Ciandella           United States Cellular
                                        William R. Drescher
                                        Gregory E. Michael
                                        
          Municipal regulation - retroactive building permit;
          whether ZBA had equitable authority to apply terms of
          1992 zoning ordinance rather than 1998 ordinance;
          whether court erred in granting vested rights;
          municipal estoppel; failure to apply doctrine of
          collateral estoppel or res judicata to hold that
          illegality of telecommunications tower was previously
          and finally adjudicated by ZBA
          
00-137    State of NH              v.   Witham,* Allen J.
          Attorney General              John F. Lake
          
          Driving while intoxicated, subsequent offense -
          sufficiency of evidence as to element of operation
          
00-138    In re Nathan L.*
          Jean-Claude Sakellarios
          Attorney General
          
          Simple assault - whether court erred by sua sponte
          finding defendant guilty of lesser included offense

00-145    Montplaisir,* Mary Ellen, Appeal of
          (department of labor)
          Nancy Richards-Stower
          Bruce Kenna
          Attorney General
          
          Whistleblowers' Protection Act - whether department
          erred in not finding whistleblower violation; issuance
          of contradictory findings by department; failure of
          department to credit employer's admission that she
          fired petitioner because petitioner testified at
          federal grand jury inquiry about the employer's fiance;
          refusal to require employer to answer questions about
          her communications with her fiance

00-149    Nevins,* Neil,Katharine  v.   NH Department of
          Mitchell Nevins, Donald       Resources and Economic
          Hall, John Jones, John        Development, Rob Thomson,
          Mahoney, Susan Kraeger,       Commissioner,
          Constance McCleod,            James Carter             
          Priscilla Parmenter,          Administrator, Land      
          J. Edward Weaver,             Management Division  
          Gregory Gutgsell, Mary        Attorney General  
          Gutgsell, Robert Bower,
          Mary Lyn Ray
          Grant Kidd          
          
          Telecommunications sites - whether DRED engaged in
          unlawful rulemaking; whether DRED may manage State-
          owned mountaintops as telecommunications sites pursuant
          to written policy rather than rules
          
00-153    Rohner,* John, Sr. d/b/a v.   Plymouth Village Water
          Plymouth Inn                  & Sewer District
          pro se                        Carol Kenneson, pro se
          
          Municipal services - water; allowing nonattorney to
          represent defendant corporation; whether court erred by
          sua sponte ruling that plaintiff is responsible for
          providing water service from shut off valve to water
          meter; whether plaintiff is responsible for providing
          water service from shut off valve to water meter

00-238    Gagnon,* Eleanor, Appeal of
          (compensation appeals board)
          Michael C. Reynolds
          James E. Owers
          Attorney General
          
          Workers' compensation - whether time spent attending
          physical therapy and physician's appointments is
          compensable

00-275    In the Matter of Sheila B. Kinville and Ronald G.
          Kinville*
          Robert C. Wunder
          Kenneth D. Murphy
          
          Divorce - alimony; whether court erred by awarding
          lifetime alimony; whether court failed to consider
          statutory factors in ordering alimony

00-296    Wiemer,* Lucille, Appeal of
          (compensation appeals board)
          Bryan W. Clickner
          James E. Owers
          Attorney General
          
          Workers' compensation - whether time spent attending
          physical therapy and physicians' appointments for work-
          related injury is compensable
          
00-381    Christmas Island Steakhouse,* Appeal of
          (state liquor commission)
          David H. Bownes
          Attorney General
          
          Liquor license - suspension; failure of state agency to
          comply with notice requirements of RSA 541-A:31, III
          and agency rules; ex parte communications; sufficiency
          of evidence; denial of motion to suspend hearing to
          compel appearance of witness; denial of motion to
          suspend until after criminal trials of two witnesses
          who asserted privilege against self-incrimination