LYNN , C.J. Plaintiff Fred S. Teeboom appeals an order of the Superior Court ( Temple , J.) dismissing his claims for declaratory, injunctive, and mandamus relief based upon the court's determination that the budget spending cap 1 in the Nashua city charter is unenforceable because it violates state law. We affirm. I. Pertinent Facts The trial court found the following facts. The spending cap was added to the Nashua city charter in November 1993. As quoted by the trial court, the...
LYNN , C.J. Respondent Gregory R. Riso appeals an order of the Circuit Court ( Weaver , J.) denying his second post-trial motion for reconsideration based on the court's finding that he forfeited his right to a statute of limitations defense. 1 We affirm. I The following facts are drawn from the trial court's orders, or are otherwise supported by the record and undisputed on appeal. On June 8, 2016, the petitioners, Kenneth T. Riso and Rocco R. Riso, Jr., filed a petition in the trial...
LYNN , C.J. The court accepted this petition for original jurisdiction, see Sup. Ct. R. 11, to determine whether the Superior Court ( Temple , J.) erred in ordering the New Hampshire Secretary of State and the New Hampshire Attorney General, defendants in litigation pending before that court, to produce to the plaintiffs in the litigation, the League of Women Voters of New Hampshire, the New Hampshire Democratic Party, and various individuals, the New Hampshire Centralized Voter...
HANTZ MARCONI , J. The defendant, Metropolitan Property and Casualty Insurance Company (Metropolitan), appeals an order of the Superior Court ( Schulman , J.) partially granting and partially denying its summary judgment motion as well as a cross-motion filed by the plaintiff, Joseph A. Santos. Santos held a personal excess liability policy with Metropolitan that included excess underinsured motorist (UIM) coverage. After Metropolitan denied a claim made by Santos for excess UIM benefits,...
HICKS , J. In this petition for a writ of certiorari, see Sup. Ct. R. 11, the petitioner, Kyle Guillemette, challenges the determination by the Administrative Appeals Unit (AAU) of the New Hampshire Department of Health and Human Services (DHHS) that the notice requirements set forth in RSA 171-A:8, III (2014) and New Hampshire Administrative Rules , He-M 310.07 did not apply when Monadnock Worksource (Worksource) notified Monadnock Developmental Services (MDS) of its intent to...
LYNN , C.J. The State appeals an order of the Superior Court ( Nicolosi , J.) granting the defendant, Foad Afshar, a new trial following his convictions on one count of simple assault, see RSA 631:2-a (2016), two counts of unlawful mental health practice, see RSA 330-A:23 (2017), and one count of aggravated felonious sexual assault, see RSA 632-A:2, II (Supp. 2017). On appeal, the State argues that the trial court unsustainably exercised its discretion when, during a post-verdict...
LYNN , C.J. The Circuit Court ( King , J.) transferred to this court without ruling, see Sup. Ct. R. 9, the question of whether RSA 564-B:1-112 (Supp. 2017) (amended 2018), which addresses rules of construction for trusts, incorporates the pretermitted heir statute, RSA 551:10 (2007), as a rule of construction applicable to trusts. We accepted the transfer, and now answer the question in the negative. The pertinent facts, which are undisputed, are as follows. Teresa E. Craig (...
HICKS , J. The plaintiff, Cheryl C. Moore, M.D., appeals an order of the Superior Court ( McNamara , J.) granting summary judgment to the defendants, Charles W. Grau, Esquire and Upton Hatfield, LLP, on the plaintiff's claims for legal malpractice, violation of the New Hampshire Consumer Protection Act, RSA ch. 358-A (2009 & Supp. 2017), and entitlement to an accounting and forfeiture of fees. We reverse and remand. The following facts are taken from the trial court's orders in this case...
On May 16, 2018, the Secretary of State transmitted to the chief justice and the associate justices of the supreme court a certified copy of a resolution of the Governor and Executive Council dated the same date requesting an opinion of the justices regarding House Bill (HB) 1264, an act amending the definition of "resident" and "residence" in RSA 21:6 and RSA 21:6-a. The act has been approved by the New Hampshire House of Representatives and the New Hampshire Senate, and is currently pending...
BASSETT , J. In these consolidated appeals, the petitioner, Vivian Silva, appeals two orders of the Circuit Court ( Introcaso , J.) in her divorce from the respondent, Robert Silva. She argues that the trial court erred when it: (1) deviated from the child support guidelines, see RSA 458-C:5 (Supp. 2017); (2) inequitably divided the marital estate, see RSA 458:16-a, II (2004); and (3) did not find the respondent in contempt for withdrawing funds from an education savings account, or "...
LYNN , C.J. The appellants, Algonquin Gas Transmission, LLC (Algonquin) and Public Service Company of New Hampshire d/b/a Eversource Energy (Eversource), appeal an order of the New Hampshire Public Utilities Commission (PUC) dismissing Eversource's petition for approval of a proposed contract for natural gas capacity, as well as a program to set parameters for the release of capacity and the sale of liquefied natural gas made available to electric generators, and/or an associated tariff....
HANTZ MARCONI , J. The petitioners, Mary Allen, Fred Ward, and other interested parties, appeal the decision of the New Hampshire Site Evaluation Committee (Committee) authorizing the respondent, Antrim Wind Energy, LLC (Antrim Wind), to construct and operate nine wind turbines in the town of Antrim. We affirm. The record supports the following facts. Antrim Wind is a Delaware limited liability company formed as a special purpose entity to develop, build, own, and operate a wind turbine...
LYNN , J. The New Hampshire Banking Department (Department) initiated an adjudicative proceeding against CashCall, Inc. (CashCall), WS Funding, LLC (WS Funding), and John Paul Reddam, for violations of RSA chapter 399-A (2006 & Supp. 2012) (repealed and reenacted 2015). By petition for a writ of certiorari, see Sup. Ct. R. 11, Reddam challenges the Department's denial of his motion to dismiss for lack of personal jurisdiction. 1 We affirm and remand. I The following facts come from...
BASSETT , J. The plaintiffs are four companies with common owners and operators: Halifax-American Energy Company, LLC; PNE Energy Supply, LLC (PNE); Resident Power Natural Gas & Electric Solutions, LLC (Resident Power); and Freedom Logistics, LLC d/b/a Freedom Energy Logistics, LLC. Collectively, they are referred to as the "Freedom Companies." The defendants are three companies and their owners: Provider Power, LLC; Electricity N.H., LLC d/b/a E.N.H. Power; Electricity Maine, LLC; Emile...
LYNN , J. The defendant, the Town of Bow (town), appeals an order of the Superior Court ( McNamara , J.) granting the plaintiff, Public Service Company of New Hampshire (PSNH), an abatement of taxes on its property in the town for tax years 2012 and 2013. We affirm. The trial court found, or the record supports, the following facts. PSNH owns certain special-purpose utility property in the town, including Merrimack Station, two combustion turbines, and a high-voltage regional electric...
DALIANIS , C.J. The defendants, Alan Johnson, Joseph McDonald, and William Saturley, appeal an order of the 7th Circuit Court-Dover Probate Division ( Cassavechia , J.), which, following a bench trial, set aside "decantings" from two 2004 irrevocable trusts of which the plaintiffs, David A. Hodges, Jr. (David Jr.), Barry R. Sanborn, and Patricia Sanborn Hodges, had been beneficiaries, and which removed defendants Johnson and Saturley as cotrustees of those trusts. "Decanting is the term...
LYNN , J. Defendant Arch Specialty Insurance Company (Arch) appeals multiple orders of the Superior Court ( McHugh and Anderson , JJ.), granting summary judgment to defendants Triage Staffing, Inc. (Triage), Exeter Hospital, Inc. (Exeter), and American Healthcare Services Association (AHSA) on their petitions for declaratory judgment, and denying Arch's cross-motion for summary judgment. The court ruled that Arch is required to defend and indemnify Triage, Exeter, and AHSA, pursuant to...
DALIANIS , C.J. Plaintiff Elaine Christen, individually and as administrator of the estate of Sophia Christen, appeals the order of the Superior Court ( Smukler , J.) granting summary judgment to defendant Fiesta Shows, Inc. (Fiesta), on the ground that Fiesta did not owe Sophia Christen a duty of care. We affirm. The trial court recited the following facts, set forth in the light most favorable to the plaintiff. On May 3, 2013, 15-year-old Sophia attended a carnival operated by Fiesta in...
DALIANIS , C.J. The State appeals the order of the Superior Court ( McNamara , J.) granting news reporter Nicholas Reid's (Reid) motion to quash the State's subpoena compelling him to testify against the defendant, Carl Gibson. We reverse and remand. I The relevant facts follow. Republican candidate Yvonne Dean-Bailey (Dean-Bailey) was running in a May 19, 2015 special election for State Representative from Rockingham County District 32. On May 14, 2015, the defendant, a volunteer for...
BASSETT , J. This case arises out of an accident occurring at a pond owned by the defendant, the Town of Chester, where Christopher Kurowski suffered injuries after being struck by a person using a rope swing attached to a tree on the shore. The plaintiff, Jay Kurowski, as father and next friend of his minor son, Christopher, appeals an order of the Superior Court ( Anderson , J.) dismissing his negligence and intentional tort claims against the Town, as barred by the recreational use...
