Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - April 2001

00-329 NH Department of Resources and Economic Development
Attorney General
v. Dow,* E. Milton
Milton E. Dow d/b/a
Dow Sand and Gravel
Randall F. Cooper

Boundary dispute - failure to determine historical location of road; whether boundary line agreement was relevant; whether 1976 deed and sketch was relevant; whether boundary line agreements are subject to reformation due to mutual mistake

00-794 Duhamel,* Ronald J., Appeal of
(compensation appeals board)
Christopher J. Seufert
Charles Giacopelli
Attorney General

Workers’ compensation - whether board erred by deciding issue not listed in notice; whether board misapplied the onset of injury formula in Appeal of Wausau; whether board erred by linking claimant's prior minor back injuries to cumulative trauma/herniated disc injury; whether board misconstrued RSA 281-A:2, XI & XIII

00-803 NH Department of Corrections
Attorney General
v. Butland,* Susan Asselin
James F. LaFrance

Human Rights Commission - sexual harassment; whether court applied incorrect standard of review of human rights commission decision; whether court erroneously substituted its judgment for that of commissioners; whether employer took immediate and appropriate corrective action in responding to sexual harassment complaint

00-804 In the Matter of J. Robert Burk Jr.* and Patricia A. Burk
James W. Craig
Patricia A. Burk, pro se
Attorney General

Post-divorce proceedings - child support; whether court abused its discretion by ordering father to pay half of post-secondary costs when adult child had secured two-thirds of needed funds on her own

00-813 Lucier, Paul, Pat Lucier
John P. Shea
v. Dipietro,* Angelo

Negligence - automobile accident; numerous issues including failure of city to correct hazardous situation of bushes blocking drivers' view; whether court erred in finding defendant negligent where bushes blocked view; whether plaintiff was contributorily negligent

00-820 In the Matter of Carey Levreault* and Mark Levreault
J. Campbell Harvey
Brenda Keith

Divorce - whether amount of award of alimony was insufficient; failure to award
permanent alimony;failure to award medical insurance coverage

00-834 Magoon, Prudence G., Stateof NH
Attorney General
v. Thoroughgood,* Richard J
John G. Vanacore

Return of firearm - whether Brady Act prohibits return of firearms based upon voluntary restraining order entered as portion of divorce decree; whether divorce decree explicitly prohibits defendant from using or threatening to use physical force

01-010 Minuteman, LLC,* Ronald
H. Proulx
Richard B. McNamara
Mary Ann Dempsey
v. Microsoft Corp
Bruce W. Felmly
Jennifer L. Parent

Justin J. Daniels
Steven J. Aeschbacher
Joseph E. Neuhaus

Antitrust violation - whether indirect purchaser of defendant's software is a "person injured" who can recover under New Hampshire Antitrust Statute for monopoly pricing of software

01-014 Town of Hudson Planning
Board*
Stephen C. Buckley
v. Town of Hudson
Malcolm R. McNeill, Jr.
Robert B. Welts

Municipal regulation - dismissal of claim that zoning board of adjustment illegally deprived planning board of its exclusive authority to review site plans; failure of court to accept additional evidence; whether change of use occurred

01-157 Strafford Technology
Inc.
W. Wright Danenbarger
Mary Ann Dempsey

v. Camcar Division of
Textron, Inc.*
R. Matthew Cairns

Breach of contract – whether contract contained a forum selection by the parties enforceable under RSA 508-A:3; interlocutory appeal