Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted November 2003


03-0426 John P. Brown, Jr., Ph.D* v. Steven D. Ness, Ph.D. & a.
Naomi L. Mooney
Dona Feeney
Robert E. Murphy, Jr.
Sullivan Superior Court
Consumer Protection Act -- whether trial court erred in granting the motion to dismiss Count IV because the transaction was exempt from the provisions of RSA chapter 358-A under the three-year limitation period in RSA 358-A:3
03-0506 State of NH v. Gregorio B. Guardarramos-Cepeda*
Attorney General
Brian Graf
Robert G. Daniels
David A. Cooper
pro hac vice
Southern District of Hillsborough County
Possession of heroin with intent to sell, conspiracy to sell heroin -- sufficiency of evidence; admission of plastic bag found in vehicle in which defendant was a passenger
03-0516 In re Juvenile 2003-0516-A; 2003-0516-B; 2003-0516-C
Case is confidential under RSA chapter 170-C
03-0552 State of NH* v. Christine Sousa
Attorney General Michael S. Bowser, Jr.
Nashua District Court
Driving while intoxicated -- whether police had reasonable suspicion to stop defendant's truck after receiving tip from anonymous caller
03-0572 Verizon New England, Inc.* v. City of Rochester; Bell Atlantic f/k/a New England Telephone & Telegraph Co. v. City of Rochester; Bell Atlantic f/k/a New England Telephone & Telegraph Co. v. City of Rochester; Bell Atlantic f/k/a New England Telephone & Telegraph Co. v. City of Rochester; Verizon New England, Inc. f/k/a New England Telephone & Telegraph Co. v. City of Rochester; Public Service Company of NH v. City of Rochester, Gary Stenhouse, City Manager, City of Rochester, and Martin Laferte, Commissioner of Public Works, City of Rochester v. Commissioner of Transportation, State of NH, Public Service Company of NH, and New England Telephone & Telegraph Co.; Verizon New England, Inc. f/k/a New England Telephone & Telegraph Co. v. City of Rochester; Verizon New England, Inc. f/k/a New England Telephone & Telegraph Co. v. City of Rochester
Jack B. Middleton
Scott H. Harris
Christopher J. Allwarden
Margaret Fulton
Danford J. Wensley
Attorney General
Strafford Superior Court
Utility pole licenses, property tax abatements -- numerous issues including failure to dismiss tax abatement petitions; failure to determine true value of utility's taxable land interest; whether court erred by granting abatements; cross-appeal -- numerous issues including whether utility's licensed right to use land in public ways has a value assessable under RSA 75:1; equal protection; whether city "owned" public ways within meaning of RSA 72:23; whether city was entitled to amend utility's pole licenses pursuant to RSA 231:163
03-0595 Mohammed G. Mostafa v. MacMulkin Chevrolet*
Mr. Mohammed Mostafa
Muhammad Shawkat Akbar
Randall E. Wilbert
Nashua District Court
Small claims -- negligence; whether court erred by applying simple negligence standard to a gratuitous bailee rather than gross negligence standard; whether failure of car owner to insure vehicle constitutes comparative negligence; whether bailor waived his right to seek damages; whether defendant car dealership was a gratuitous bailee
03-0597 In re Guardianship of Justin Robert Spencer; Ashley Gaylinn Spencer; Rebekah Georgian Spencer
Joann N. Samson for mother*
Darin N. Hood-Tucker for DCYF
Attorney General
Hillsborough Probate Court
Guardianship of minor – numerous issues including whether failure to appoint counsel for indigent mother rendered her participation meaningless; whether proceedings under RSA chapter 169-C precluded grant of guardianship in probate court; whether grant of guardianship over minors infringed mother’s rights under RSA chapter 169-C; whether allegations in DCYF petition were misleading
03-0599 Joseph T. Salisbury, Jr. and Tammy M. Salisbury v. Gary C. Ledoux* and Charlene Ledoux
Joseph T. Salisbury pro se
Tammy M. Salisbury pro se
Richard Thorner
Milford District Court
Sale of home -- negligence; failure of court to consider all relevant evidence before issuing final order; failure to enforce order requiring plaintiffs to produce documents necessary to resolution of case
03-0601 Sandra Lee Rowse* v. State Park Realty and Jean G. Harrison-Weinstein
Robert H. Miller
R. W. Chandler
Robert M. Daniszewski
Sullivan Superior Court
Sale of property -- misrepresentation, breach of contract; whether court erred by adding negligence element to claim under the Consumer Protection Act; whether court erred by considering relative knowledge of realtor and the buyer in its analysis of negligent misrepresentation claim; whether court conflated its analysis of negligence and reliance; whether realtor's statements were an opinion about the law or a representation of fact; whether realtor's agents committed negligent misrepresentations
03-0604 In re Juvenile 2003-604-A, -B, -C
Case is confidential under RSA chapter 169-C
03-0607 Appeal of Terry M. Bennett*
Charles G. Douglas, III
Benjamin T. King
George W. Roussos
Martha Van Oot
Michael F. Aylward
NH Insurance Department
Insurance department -- complaint against insurer; failure of insurance department to hold hearing; dismissal of notice of hearing due to "legal insufficiencies
03-0613 State of NH v. Ruth Retzke*
Attorney General
Mark L. Sisti
Rockingham Superior Court
Second degree assault -- sufficiency of evidence
03-0616 In the Matter of Victoria L. McKenna* and Kevin F. McKenna
Darla S. Sedgwick for petitioner
J. Campbell Harvey for respondent
Northern District of Hillsborough County
Divorce -- limiting alimony to three years; ordering wife to pay 30% of equity in home with interest to husband within four years
03-0618 Richard B. Hajek* & a. v. Philip K. Hajek & a.
R. James Steiner Mark Pillaro
Sullivan Probate Court
Partition of real estate -- whether court erred by ruling that a right of way could be imposed against owners of land being partitioned to benefit owners of adjoining parcel; cross-appeal -- whether court erred by dismissing respondent's cross-petition
03-0619 State of NH v. Michael Pagliarulo*
Attorney General Mark L. Sisti
Belknap Superior Court
Felonious sexual assault, indecent exposure -- instructing jury that allegations concerning indecent exposure need not be corroborated; sufficiency of evidence
03-0622 State of NH v. Vincent C. Schonarth*
Attorney General
Appellate Defender
Carroll Superior Court
Theft -- ordering trial deposition of victim; consolidation of indictments; sufficiency of evidence
03-0624 In the Matter of Doreen A. Bradshaw* and John J. Bradshaw
Vera B. Buck for petitioner
Anna Barbara Hantz for respondent
Southern District of Hillsborough County
Post-divorce proceedings -- whether court erred by reducing child support obligation
03-0625 Appeal of Town of Bethlehem*
Edmund J. Boutin
Brenda E. Keith
Attorney General

NH Dept. of Environmental Services Waste Management Council
Landfill permit -- whether waste management council erred by dismissing town's appeal without a hearing or review of the record; whether RSA 149-M:11, IV permits department of environmental services to consider, but ignore, town's opposition to expansion of landfill; whether department erred by issuing State IV permit; failure to hold second public hearing
03-0626 Dianne Griffith v. Heather Bruce*
Fred K. Mayer, III Heather Bruce pro se
Nashua District Court
Landlord-tenant -- breach of lease; whether court erred by not ruling that plaintiff's actions justified defendant in vacating apartment prior to end of lease period
03-0627 State of NH v. Daniel J. Littlefield*
Attorney General
Mark L. Sisti
Paul J. Twomey
Belknap Superior Court
Negligent homicide -- numerous issues including sufficiency of evidence; failure to define the term "gross" for jury; whether court erred in giving flight instruction to jury; failure to instruct jury on different duties imposed on a boater and a motorist; errors in admission of evidence
03-0628 State of NH v. John D. Wiggin*
Attorney General
Mark Stevens
Henniker District Court
Driving while intoxicated -- whether defendant was seized at moment police officer activated his blue emergency lights; sufficiency of evidence
03-0632 Courtyard Apartments - Crotched Mountain v. Donna Boutin*
Donna-Marie Cote Lynne M.. Parker
Christine C. Wellington
Manchester District Court
Landlord-tenant -- eviction; denial of motion to continue trial in order to obtain responses to interrogatories
03-0642 Edward L. Hahn v. Cohas Brook Associates* & a.
Michael J. Sheehan John G. Cronin for Karl Norwood & Justin Bielagus
John F. Bielagus pro se
Northern District of Hillsborough County
Enforcement of settlement agreements -- whether court misconstrued agreements; whether court erred by allowing substitution of shareholder as plaintiff for corporation in light of corporation's failure to comply with requirements of NH Business Corporations Act
03-0644 J and M Lumber and Construction Company, Inc. v. Gorham Supermarket LLC* & a.
Jack P. Crisp, Jr.
Andrea Q. Labonte
Douglas L. Ingersoll
David H. Bradley
Coos Superior Court
Easement -- whether court erred by awarding attorney's fees
03-0650 In the Matter of Leland D. Judd, Jr. and Charlene D. Romine Judd*
Leland D. Judd pro se
Robert I. Morgan
for respondent
Sullivan Superior Court
Post-divorce proceedings -- whether court erred by terminating child support as a means of punishing contempt
03-0654 State of NH v. Donald Morrill* a/k/a Sam W. Morrill
Attorney General Appellate Defender
Strafford Superior Court
Aggravated felonious sexual assault -- numerous issues including whether court erred in its decisions regarding removal of jurors; denial of mistrial; whether defendant opened the door to admission of previously excluded testimony; sufficiency of evidence
03-0665 In re Juvenile 2003-0665-A, -B, -C
Case is confidential under RSA chapter 170-C
03-0667 Appeal of Hopkinton School District*
Russell F. Hilliard
Roderick MacLeish, Jr.
Attorney General

NH Department of Education
Public employment -- non-renewal of school principal; whether state education board erred in ruling that no finding of bias or prejudice on part of school board or its members is necessary to challenge a non-renewal hearing; whether there was bias or appearance of bias