Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted July 2002

00-765 Appeal of Carolyn L. Beard*
Shawn E. Nichols
Nelson A. Raust
Attorney General
Workers' compensation - whether board erred by deciding causation issue not properly before it for decision
02-0093 State of NH v. Andrew Tucker*
Attorney General Michael J. Iacopino
James S. Godron
Conspiracy to sell heroin -- sufficiency of evidence
02-0169 State of NH v. Raymond Porelle*
Attorney General Appellate Defender
Sven D. Wiberg
Stalking -- whether stalking statute is unconstitutionally vague and overbroad
02-0256 Appeal of Sunbridge Care & Rehabilitation*
Christopher W. Keenan
Kevin W. Stuart
Attorney General
Workers' compensation -- whether surgery and underlying osteoarthritis are causally related to work-related injury of 1989
02-0274 State of NH v. Robert Voight*
Attorney General Appellate Defender
George H. Ostler
Restitution -- whether court erred in ordering defendant to repay costs of his defense; whether State forfeited right to collect these costs because they were not part of a prior restitution order that was vacated and remanded by supreme court
02-0275 State of NH v. James C. Peck*
Attorney General Diane M. Nicolosi
Gregory W. Swope
Mark L. Sisti
Felonious sexual assault -- sufficiency of evidence
02-0282 Conservation Law Foundation v. New Hampshire Wetlands Council*
Thomas N. Irwin Attorney General
Wetlands dredge and fill permit -- erroneous admission of supplemental evidence; whether inclusion of 44 conditions in the permit was sufficient to address alleged deficiencies in the permit; whether court improperly substituted its judgment for that of department of environmental services and wetlands council; whether administrative rules outweigh specifically delegated statutory authority of commissioner of department of transportation
02-0293 William J. Devanna* & a. v. Town of Kingston
Russell F. Hilliard Peter J. Loughlin
Road reclassification -- damages; whether court erred by using tax assessed values; denial of opportunity to conduct discovery
02-0301 State of NH v. Mark Nott*
Attorney General Tim A. Clark
Criminal contempt -- whether violation of a bail commissioner's order can be grounds for a charge of criminal contempt
02-0314 The Richmond Company, Inc. Individually and as Agent for ATCNH Realty, LLC v. City of Concord*
David W. Rayment Paul F. Cavanaugh
Charles P. Bauer, pro se, Intervenor*
Municipal regulation -- site plan; whether court erred by ordering planning board to engage in good faith dialogue to assist developer in meeting requirements for site plan approval; application of wrong standard of review; whether evidence supported planning board decision; cross-appeal -- whether court, after finding insufficient evidence to support planning board decision, erred by remanding case rather than reversing and granting site plan approval
02-0315 State of NH v. Richard Rowell, Sr.*
Attorney General Appellate Defender
Gregory K. O'Connell
Driving after certification as habitual offender -- whether RSA 262:19, III limits director's authority to impose period of certification beyond four years; whether administrative rule violates separation of powers and is unlawful delegation of legislative authority; whether law is unconstitutionally vague
02-0317 Lori Jacobs v. Director,* NH Division of Motor Vehicles
Harry N. Starbranch Jr. Attorney General
Administrative suspension of driver's license -- whether court erred by reversing suspension based on finding that police officer's investigatory stop was improper; whether court erred by finding that hearing officer did not give sufficient weight to evidence of sobriety and drew adverse inference from driver's decision not to testify
02-0331 Robert Krieger, CPA* v. ERC Realty Trust & a.
Keri J. Marshall David C. Engel, pro se
Default judgment -- allowing defendant to argue after default that all funds from sale had been disbursed by time plaintiff brought suit; whether court erred in determining scope of defendant's authority over funds; whether court erred by vacating default
02-0335 Appeal of Town of Newington*
Robert Upton II, for Town
Michael D. Ramsdell
, for Newington Energy, LLC & Hawkeye Funding Limited Partnership
Attorney General
Property tax exemption -- numerous issues including whether RSA chapter 541-A governs tax exemption determination by department of environmental services (DES); failure of DES to provide hearing; direct communication between DES and applicants for tax exemption; whether factual determinations were unreasonable; whether DES erred in granting tax exemption for water injection system, heat recovery steam generator stack and fuel gas heater stacks; cross-appeal -- whether DES improperly applied a "primary purpose test"; whether decision was supported by the evidence; failure to make adequate findings
02-0337 State of NH* v. Angel J. Roldan a/k/a Joche a/k/a Russo
Attorney General Richard Monteith, Jr.
Conspiracy -- whether RSA 625:4, I(d) requires proof of an agreement and an overt act in New Hampshire; whether State alleged facts sufficient to establish jurisdiction in NH court
02-0338 Appeal of Roland Petit*
James H. Leary, for claimant
Paul R. Kfoury, Jr., for Nashua Corporation
Attorney General
Workers' compensation -- failure of board to issue adequate findings; failure to apply correct legal standards for causation; whether board erred by finding lack of causal relationship and by rejecting uncontradicted opinions of the treating doctors
02-0339 In the Matter of Sharon L. Shyavitz and John P. Shyavitz*
Sharon L. Shyavitz, pro se
John P. Shyavitz, pro se
Post-divorce proceedings -- erroneous removal of joint physical custody; award of child support for child who is no longer a minor and not attending school; award of $20 per week credit on child support because child resides at respondent's home
02-0345 Appeal of Town of Hopkinton*
Russell F. Hilliard, for Town
Simon C. Leeming
, for Camp Merrimac, LLC
Attorney General
Property tax exemption -- whether board erred by granting religious exemption to limited liability company which is not a regularly recognized and constituted denomination, sect or creed; grant of exemption for land and buildings at campground that are not used directly for religious purposes
02-0366 State of NH v. Adam D. Chesbrough*
Attorney General
Adam Chesbrough, pro se
Restitution -- motion to vacate sentence; whether court erred by ordering defendant to pay restitution when victim waived all monetary claims against defendant as part of a settlement agreement
02-0369 In re Trust of John W. Tracy Sr. f/b/o Jena Gagnon & a.
James B. Hobbs, for father* of minor beneficiaries
James E. Owers, for Peerless Insurance Company
Testamentary trust -- whether court erred by allowing trustee to use trust funds for non-trust expenses; acceptance of compromise settlement over objection of father of minor beneficiaries
02-0370 In the Matter of Arthur J. Breault* and Denise M. Breault
William A. Whitten, for petitioner
Denise M. Breault, pro se
Post-divorce proceedings -- modification of child support; whether court erred by ordering child support to continue to be paid to custodial parent after child turns 18 because child is attending college; whether attending college is substantial change of circumstances; modification of parties' stipulation
02-0372 State of NH v. Joseph Freeman*
Attorney General Appellate Defender
Michael Davidow
Andrew Winters
Second degree assault -- allowing State to call witness who had recanted her statement to police; allowing State to impeach witness with her prior statement; exclusion of evidence that minor victim had prior involvement in child abuse investigations; admission of prejudicial photographs; sufficiency of evidence; failure to give "absent witness" jury instruction
02-0379 In re Juvenile 2002-0379
Case is confidential under RSA chapter 169-B.
02-0380 In the Matter of Jennie A. (Rohdenburg) Louzan and Brad D. Rohdenburg*
Benette N. Pizzimenti, for petitioner
Teresa M. Mullen, for respondent
Post-divorce proceedings -- whether court erred by waiving full disclosure protections of Superior Court Rule 197 and by accepting incomplete financial affidavit
02-0385 Mohammed Queiri v. Deborah Hawkins*
Mohammed Queiri, pro se Elizabeth A. Donovan
Stalking -- whether defendant's alleged conduct constitutes stalking; reliance upon report of abuse to DCYF as evidence of stalking; due process
02-0440 Appeal of Verizon New England, Inc.* d/b/a Verizon New Hampshire
Mark C. Rouvalis
Victor D. Del Vecchio
Sarah B. Knowlton
Suzanne M. Woodland
Bruce P. Beausejour
E. Barclay Jackson
Frederick J. Coolbroth
Patrick C. McHugh
Scott Sawyer
Michael W. Holmes
Robert M. Derosier
Eric Branfman
Philip J. Macres
Richard C. Fipphen
Cynthia Carney-Johnson
Alan D. Mandl
Martin L. Gross
William Durand
Frank P. Spinella, Jr.
Andrew O. Isar
Mary E. Burgess
Jay E. Gruber
Kenneth Salinger
Patricia A. Jacobs, Ph.D.
Jennifer A. Duane
Ms. Nancy A. Clay
William J. Rooney
John O. Postl
Douglas Denny-Brown
Yvette Bigelow
Mr. John Lozzi
Stacy Parker
Mr. Paul Hartman
Mr. Brian Susnock
Mr. John Leslie
Mr. William H. Harper
Benjamin D. Brown
Ann F. Larney
Suzan M. Lehmann
Public utilities -- whether PUC violated Verizon NH's due process rights by exceeding scope of non-adjudicatory proceeding and, without taking evidence or holding adjudicatory hearing, imposing new, costly obligations; rejection of recommendation of facilitator that Verizon NH had complied with relevant commission and FCC orders; imposing costly new obligations and requirements without first finding that Verizon NH was not in compliance with relevant orders and finding that new obligations were necessary to achieve compliance