Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted August 2003


03-0265 State of NH v. Randall B. Hofland*
Attorney General Randall B. Hofland, pro se
Parking violation -- whether defendant had adequate notice of parking restriction; whether high cost removes obligation to provide notice; sufficiency of the evidence; whether addition of $10 fee was unconstitutional
03-0302 In the Matter of Thomas F. DeSteph* and Tracy A. DeSteph
Thomas F. DeSteph, pro se
Tracy A. DeSteph, pro se
Child support modification -- failure to retroactively modify child support
03-0318 Cambridge Mutual Fire Insurance Company,* Subrogee of Merle Wilbur and Tammy Wilbur v. Thomas Crete
Paul B. Kleinman Ralph N. Suozzo
Negligence -- whether court erred by adopting "Sutton Doctrine"; denial of motion to amend; whether extension of Sutton Doctrine to non-subrogation claim of loss caused by fire violates equal protection
03-0326 State of NH v. Michael Gerard Dolbec*
Attorney General Michael G. Dolbec, pro se
Passing a school bus -- sufficiency of evidence; admission of hearsay
03-0333 Petition of Ronald McCauley*
Alan N. Linder for petitioner
Attorney General
Aid to the permanently and totally disabled -- whether rule allowing 30 days to file reconsideration motion violates federal law; failure to inform petitioner of his right to move for reconsideration or to appeal, and the relevant timeframes
03-0334 Jennifer Manock v. Jim Collins*
Patrick M. Carron Jim Collins, pro se
Landlord-tenant -- whether landlord-tenant relationship exists; whether appellant can be ordered to supply water to mobile home being occupied without his permission; whether water outage outside of appellant's control constitutes willful violation of RSA chapter 540-A
03-0355 In the Matter of the State of NH and Charles M. Nova*
Attorney General
Charles Novak, pro se
Child support -- whether court erred in ruling State was not required to reimburse respondent for overpayment of child support; failure to return monies taken by tax intercept of which respondent was not given proper notice
03-0371 Citicorp Vendor Finance, Inc. v. MICBEC, LLC and Charles E. Bachelder*
Jack S. White
Davi M. Peters
Peter J. Duffy
Collection action -- guarantor; whether plaintiff entitled to summary judgment against guarantor of an agreement that did not bear a genuine signature of the party whose obligations had been guaranteed; whether material facts were in dispute regarding damages
03-0377 Onway Lake Association v. Town of Raymond & a.
Michael L. Donovan Robert D. Ciandella
John D. Colliander
for intervenor, J.D. Realty Trust*
Municipal regulation -- whether court applied wrong standard of review of zoning board of adjustment (ZBA) decision; whether evidence supported ZBA's findings; failure to take judicial notice; erroneous interpretation of 1987 special exception; distinction between zoned uses permitted as of right or approval by ZBA and change of use review by planning board under site review regulations; vested rights
03-0378 State of NH v. Harold F. Sherman*
Attorney General Appellate Defender
Justin Shepherd
Probation violation -- admission of hearsay without opportunity to confront and cross-examine the arresting police officer
03-0380 In the Matter of Toni E. Jerome* and Raymond W. Jerome
Peter G. McGrath for petitioner
Andrew J. Piela for petitioner
David J. Braiterman for respondent
Post-divorce proceedings -- whether court erroneously divided final marital property settlement; whether personal injury settlement was income for purposes of calculating child support; whether court had authority to modify child support retroactively under circumstances of this case
03-0381 United Services Automobile Association* v. James Miller, K.J.'s Electric, Inc., and Town of Atkinson
Jennifer L. Murphy
Charles P. Bauer
Andrew D. Dunn
Sumner F. Kalman
Michael Hatem
Negligence -- limitation of action; whether current version of RSA 508:4-b, which provides eight-year period in which to bring action, applies where defendants' tortious conduct occurred and cause of action arose before effective date of statute
03-0382 Appeal of NH Department of Environmental Services*
Attorney General
William D. Pandolph
for Town of Sunapee Water & Sewer Commission
James Q. Shirley for John M. Dixon & Lake Sunapee Property Rights & Conservation Association
Lake Sunapee -- no-swim rule; whether water council erred by ruling that nonenforcement of an administrative rule precludes subsequent enforcement of that rule; whether environmental services acted arbitrarily by denying request for waiver of no-swim rule; failure to allow environmental services to refute testimony of expert
03-0383 State of NH v. Andrew Trudell*
Attorney General Appellate Defender
Brian P. McEvoy
Criminal threatening – Miranda violation; failure to dismiss indictment; allowing unqualified juror to sit; sufficiency of evidence; admission of prior bad act
03-0388 Cary Silverstein* v. Town of Alexandria
Gabriel N. Nizetic John J. Ratigan
Permit to carry firearm -- delay of six months by police chief in acting on permit request; allowing police to rely on after-acquired evidence and new reason for denial of permit during court review; whether burden of proof improperly shifted to appellant; failure to compel production of documents
03-0392 Robin Ryan d/b/a The Elements of Style* v. Louis F. Clarizio and Rana J. Clarizio
Stephen J. Dibble Gregory D. Wirth
Contracts -- payment; failure of court to consider sanctions other than dismissal of case for failure to comply with pretrial order; whether court erred by dismissing case
03-0395 State of NH v. Jeremy McIntyre*
Attorney General
Ryan L. Russman
Aggravated felonious sexual assault -- denial of motion to sever indictments
03-0398 Summa Humma Enterprises, LLC d/b/a MB Tractor* v. Town of Tilton & a.
Laura A. Spector
Scott H. Harris
Mark H. Puffer
Municipal regulation -- planning board; whether approval of fifty-foot flagpole instead of ninety-foot flagpole was legal and reasonable; whether court erred by not considering evidence that had not been presented to planning board; whether planning board's order constituted a conditional approval of application for flagpole
03-0399 In the Matter of Lisa M. Escalera (Urdanoff) and Richard P. Escalera*
Doreen F. Connor for petitioner
Kevin P. Rauseo for respondent
Post-divorce proceedings -- numerous issues including whether respondent was in contempt; sufficiency of evidence; whether court's decision exceeded scope of pleadings and hearing; failure of court to consider tax consequences involved with selling stock; ripeness
03-0400 In the Matter of Joseph S. Eisenberg* and Roberta L. Eisenberg
Patrick J. Sheehan for petitioner
Robert M. Shepard for respondent
Divorce -- failure to make adequate findings supporting unequal division of property; whether court erred in dividing property unequally
03-0401 The Blackthorne Group, Inc.* v. Pines of Newmarket, Inc.
Marie M. McPartlin
Joel M. Eads
, pro hac vice
Frank P. Spinella, Jr.
Breach of contract, quantum meruit, unjust enrichment -- whether real estate practice act precludes recovery of business consulting fee earned in connection with private sale of a going concern; whether court erred in finding that plaintiff acted as a broker and that sale constituted a transaction in real estate; whether plaintiff's failure to have license should operate to deny plaintiff any compensation
03-0403 In the Matter of Heather Hamilton and Mark D. Borak*
John A. Macoul for petitioner
Jean-Claude N. Sakellarios for respondent
Child support modification, contempt -- whether evidence supports court's finding as to amount of respondent's present income; whether court erred in finding respondent in contempt in light of respondent's inability to make required payments
03-0407 Mary Carignan v. Dennis Carignan, Leslie Wheeler,* NH Speedway, Inc.* & NH International Speedway*
Matthew J. Lahey Michael J. Lambert
Kenneth G. Bouchard
Barry M. Scotch
Erica U. Bodwell
Negligence -- numerous issues including whether duty of care created when non-motorist signals a driver to proceed; denial of directed verdict; denial of remittitur; numerous evidentiary issues; sufficiency of evidence; failure to reconvene jury; co-appeals
03-0408 In the Matter of Allan W. Wade and Gail Wade*
John A.M. Hinsman for petitioner
Jon S. Hanson for respondent
Divorce -- inequitable property division; whether court erred in supporting its division of property by taking into consideration its finding that one party was unlikely to contribute to future child support due to a problem with alcohol
03-0412 State of NH v. James L. French*
Attorney General Appellate Defender
Brian P. McEvoy
Driving after certification as habitual offender -- denial of motion to suppress
03-0421 Nathaniel S. Thayer* v. Town of Tilton
Charles A. Russell Donald E. Gartrell
Municipal regulation -- cease and desist order; laches; whether town ordinances relating to stockpiling and land application of sludge are pre-empted by state and federal laws; whether petitioner had vested right to use biosolids on his land
03-0422 State of NH v. Stephen Dowman*
Attorney General
Richard G. Sheehan
Possession of child pornography -- whether probable cause was shown by affidavit to support issuance of search warrant
03-0427 State of NH v. Frank Simone*
Attorney General
Appellate Defender
Charles F. O’Leary
Stalking, breach of bail conditions -- whether district court had jurisdiction over stalking complaints; procedural due process; sufficiency of evidence
03-0429 Town of Wakefield v. Donald L. McMullin*
Richard D. Sager Mark D. Hanlon
Municipal regulation -- whether court erred by ordering respondent to complete all landscaping within sixty days
03-0434 State of NH v. James J. Hall*
Attorney General
Appellate Defender
Donna J. Brown
William Schultz
Second degree murder -- exclusion of evidence of racism in statements of victim; denial of motion to recuse trial judge; failure to present exculpatory evidence to grand jury; erroneous jury instruction; failure to further limit coverage by electronic media; failure to order prison to stop taking actions causing defendant anxiety
03-0437 EnergyNorth Natural Gas, Inc. v. Utica Mutual Insurance Company & a
EnergyNorth Natural Gas, Inc. v. Underwriters at Lloyd's
Bruce W. Felmly Paul W. Hodes
John L. Rivkin
Robert J. Gallo
Vincent S. Ziccolella
Richard W. Bryan
Edmund J. Boutin
Robert J. Bates, Jr.
Kevin C. Devine
John D. Frumer
Emily G. Rice
Paul A. Leodori
Melinda S. Gehris
Stephen Roberts
Doreen F. Connor
John A. Guarascio
Ann Bickford
James C. Wheat
Eileen B. Eglin
Michael F. Aylward
Kevin E. Buchholz
John L. Putnam
Kimball Ann Lane
George W. Lindh
Insurance -- hazardous contaminants; what "trigger-of-coverage" standard applies to determine when an "accident" or "occurrence" causing property damage takes place where hazardous contaminants leaked into site and migrated through soil and groundwater over time; certified question from federal district court
03-0473 David Follansbee* v. Plymouth District Court
Richard Kelly* v. State of NH
Appellate Defender Attorney General
Bail -- whether RSA 597:20, entitling bail commissioners to fee of $30 upon setting bail, violates New Hampshire Constitution; interlocutory transfer
03-0482 Petition of NH Bar Association
Russell F. Hilliard
Attorney General
Original jurisdiction -- constitutionality of Laws 2003, chapter 250; whether mandated deunificiation of bar and dues rebate violate NH Constitution and inherent power of court to regulate bar; whether lobbying restrictions violate Federal Constitution; whether mandated referendum improperly interferes in the affairs and charter of a private organization in violation of Contract Clause of Federal Constitution