Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - October 2000

	* denotes appealing parties

00-146    In the Matter of Gerard F. Cote* and Amy L. Miller
          Joshua L. Gordon
          C. Michael Celenza
          Paul Shagoury, GAL

          Post-divorce proceeding - child custody; whether court
          erred by changing custody; whether court erred by
          basing change in custody on ability of one parent to
          stay home; allowing GAL to testify as an expert;
          failure of court to enforce wishes of parties contained
          in divorce stipulation

00-164    State of NH              v.   Porter,* Gary
          Attorney General              pro se

          Aggravated felonious sexual assault, kidnapping -
          motion to set aside verdict; numerous issues including
          allowing alternative kidnapping indictments to proceed
          to trial; jury instructions; double jeopardy; multiple
          punishments for same offense 

00-166    Stark,* Patricia         v.   Kelson, William, Executor
          Michael J. Bolduc             of the Estate of Michael
                                        Thomas C. Tretter

          Post-divorce proceedings - whether court's abolishment
          of obligations imposed upon defendant's decedent by
          divorce decree related to retaining life insurance
          proceeds in irrevocable trust was error; whether court
          erroneously modified divorce decree related to security
          for payment of credit card and other financial
          obligations; failure to address issue of attorney's

00-271    Brooker,* Scott          v.   Warden, New Hampshire    
          pro se                        State Prison
                                        Attorney General

          Habeas corpus - denial of parole; whether requirement
          that petitioner pass lie detector test as part of
          sexual offender program in order to obtain parole is
          constitutional; ex post facto violation; due process
          violation; equal protection violation

00-332    In the Matter of the State of NH o/b/o Chad E. Bourque
            and Paul Edward Rabb*
          Richard Thorner
          Attorney General

          Paternity, child support agreement - whether release
          and discharge language of child support agreement
          approved by court in 1983 prohibits modification of
          agreement that would require payment of additional
          child support from date of State's petition

00-372    State of NH              v.   Boyer,* Matthew
          Attorney General              James E. Duggan
                                        Joachim H. Barth

          Arson - failure to give jury instruction on lesser-
          included offense of criminal mischief

00-393    State of NH              v.   Burr,* Bettina L.
          Attorney General              James E. Duggan
                                        Landya B. McCafferty

          Animal cruelty - restitution; whether humane society
          suffered economic loss when expenses for caring for
          dogs were offset by donations received; whether claimed
          expenses were "reasonable charges" under restitution

00-443    State of NH*             v.   Nemser, Adam
          Attorney General              George Ostler

          Possession of marijuana - search and seizure; whether
          Dartmouth Security and Safety officers were acting as
          agents of the State when they seized contraband from

00-464    State of NH              v.   Briggs,* Daniel, Dana    
          Attorney General              Briggs, Bradley Briggs
                                        B.J. Branch

          Obstructing government administration - sufficiency of
          evidence that defendants purposely interfered with
          public servant performing official function; whether
          statute is unconstitutionally broad; whether public
          official was engaged in an official function; whether
          exception to law should exist when defendant has good
          faith belief that public servant is committing a crime

00-473    In the Matter of Michael S.
          In the Matter of Noel S.
          Gary H. Bernier, for father*
          Jorel V. Booker
          Child custody - failure to give full faith and credit
          to Massachusetss custody order; failure to award
          custody to surviving parent; whether Uniform Child
          Custody Jurisdiction Act prevented exercise of
          jurisdiction in light of Massachusetts order

00-502    Dubois,* David R.,       v.   State Farm Insurance
          Liza M. Dubois                Company, Acadia Insurance
          David L. Nixon                Company
          Kevin M. Leach                Gordon A. Rehnborg, Jr.
                                        Andrew D. Dunn
          Underinsured motorist coverage - whether State Farm is
          obliged to provide underinsured motorist benefits in
          light of supreme court decision issued five weeks after
          settlement with tortfeasor's liability insurance
          carrier; whether requirement in Hull v. Town of
          Plymouth pertaining to "permission to settle" should be
          applied prospectively; whether State Farm was
          prejudiced by settlement reached without its
          permission; whether Acadia is obliged to provide
          underinsured motorist benefits of $178,000 under the
          formula in Ellis v. Royal Globe

00-506    Sweeney, James,          v.   Town of Hampton,* Hampton
          Kathleen Ligus                Zoning Board of
          Grant Kidd                    Adjustment
                                        John H. McEachern
                                        Jonathan S. Springer
                                        Alexander J. Walker, for
                                        intervenor Telecorp

          Municipal regulation - special exception; whether court
          erred by narrowly construing zoning ordinance regarding
          telecommunications facilities

00-509    Collins,* Kevin, Kevin   v.   City of Manchester
          Barry, John Begin, Todd
          T. Boucher, Richard
          Brennan, Richard
          Charbonneau, Stephen Coco,
          Robert Cunha, Lloyd
          Doughty, II, Richard Ell,
          Timothy Feliciano, Thomas
          Gonzales, Paul Grugan,
          Tyrone Guyse, Jeffrey
          Harrington, Cornelius
          Joyce, Robby Leathers, 
          Scott Legasse, Richard R.
          Mello, Ronald Mello,
          Robert Oxley, Scott Page,
          Gregory Pepper, Daniel 
          Rivard, Eugene Robinson, 
          Brian Santos, Robert
          Scanlon, Andrew Snowdon,
          James Soucy, James Tareco,
          Nathanael Taveras, Kristen
          Taylor, Enoch Willard
          Lachance,* Marc M.,      v.   City of Manchester  
          John C. Patti, Nicole         Robert J. Meagher
          Ledoux, Brian Neil 
          O'Keefe, Eve Eisenbise, 
          Joseph Ryan
          Francis G. Murphy        

          Public employment - municipal employment contracts; law
          of the case doctrine; whether training agreements with
          police are enforceable through contract action in
          superior court; whether court erred in reversing its
          ruling granting partial summary judgment; dismissal of
          plaintiffs' claims for ordinance-based compensation;
          whether PELRB has primary jurisdiction to address
          plaintiffs' individual civil rights claims

00-517    Robinson,* Kathleen, M., v.   Faiella, Christine J.,   
          Esquire, guardian of          James M. Faiella,        
          minor Tyler Lennon            Christine Faiella as
          Gary B. Richardson            trustee of the 
                                        Woodside Trust, Jean
                                        M. Gagnon, Gypsum
                                        Construction Corp., Jemco
                                        Builder & Developer,
                                        Inc., M.L. Halle Oil
                                        Service, Inc., Janas
                                        Plumbing & Heating, Inc.,
                                        Tri-State Home
                                        Inspections, Inc., Karl
                                        Lennon, Nicole Lennon
                                        Mark L. Mallory
                                        Debra Weiss Ford
                                        Douglas S. Steere
                                        Thomas A. Ficarra
                                        Carol L. Hess
                                        M. O'Shaughnessy

          Negligence - whether RSA 508:4-b violates equal
          protection clause, due process clause, or provisions of
          NH Constitution that guarantee every injured person a
          remedy; interlocutory appeal

00-518    Tidd, William, Melanie   v.   Town of Alton Zoning
          Tidd, Patricia Scribner,      Board of Adjustment,
          Richard Humphreys             Richard Holt,* Gaye Holt
          Arthur Greene                 James N. Sessler
          Rachel Hampe                  Arthur W. Hoover    
          Janice McLaughlin

          Municipal regulation - special exception; whether court
          erred in determining whether there was a change in
          subsequent application that satisfied standards in
          Fisher v. Dover, 120 N.H. 187; whether court erred in
          applying Fisher standard when the use requested was a
          permitted use as a special exception; whether court
          erred in determining whether requirements for special
          exception were met; consideration by court of evidence
          and findings made by board on prior applications which
          were different and distinct applications with different

00-520    McCabe,* Thomas, Appeal of
          (personnel appeals board)
          Michael C. Reynolds
          Attorney General

          State employment - reassignment; failure to notify
          employee of valid applicable procedural rules prior to
          hearing; denial of due process by acceptance of written
          testimony in lieu of live witnesses; whether appointing
          authority created new classified position in violation
          of rules and statute; whether appointing authority
          engaged in ex parte communication

00-521    Dobe,* Christopher  v.   NH Department of Health and
          Alan S. Greene           Human Services, Ward &
          Denise F. Shore          Slatoff Professional
                                   Association, Carol Drago,
                                   Debra (Schwartz) Stevens
                                   Attorney General
                                   Michael A. Pignatelli
                                   Edward M. Kaplan

          Negligence, interference with custodial relationship -
          statute of limitations; where administrative body
          issues preliminary finding subject to appeal, does
          statute of limitations run from date of initial finding
          of that administrative body

00-551    N.A.P.P. Realty Trust    v.   CC Enterprises a/k/a CC
          Edward A. Jordan              Multi-Media Enterprises,
                                        Inc.,* Christopher K. 
                                        Steven A. Bolton

          Landlord-tenant - commercial eviction; whether court
          erred by finding that tenant's use of premises was
          authorized by lease but also violated provision of
          lease prohibiting offensive uses; whether court erred
          in construing provision of lease prohibiting offensive
          uses; cross-appeal - whether landlord had other good
          cause to evict tenant; whether lease incorporated town
          ordinance that prohibited tenant's business in the zone
          where it was located

00-637    Campaign for Ratepayers Rights,* Appeal of
          (public utilities commission)
          Joshua L. Gordon
          Robert A. Backus
          Roy H. Stewart
          Robert A. Bersak
          Gerald M. Eaton
          James K. Brown
          Attorney General
          Michael W. Holmes
          Judy Reardon

          Public utilities - electric deregulation; numerous
          issues including whether PUC erred by ordering
          consumers to reimburse Public Service Company of NH for
          past generation expenditures through a stranded cost
          recovery charge in violation of statute and/or the NH
          Constitution; whether PUC erred in creating class-based
          differing stranded cost recovery charges; whether PUC
          erred by setting interim rates so low that new stranded
          costs will result; whether PUC erred by creating
          artificially high stranded cost recovery charge for
          non-special contract customers

00-638    Granite State Taxpayers,* Appeal of
          (public utilities commission)
          Joshua L. Gordon
          Robert A. Backus
          Roy H. Stewart
          Robert A. Bersak
          Gerald M. Eaton
          James K. Brown
          Attorney General
          Michael W. Holmes
          Judy Reardon

          Public utilities - electric deregulation; whether
          stranded cost charges violate RSA 374-F:3, XI or XII;
          whether low transition rates set by PUC create
          deferrals, which are post-restructuring stranded costs
          disallowed by statute; whether stranded costs are
          unconstitutional taking or violate part II, article 83
          of NH Constitution

          Note: 00-637 is consolidated with 00-638