BASSETT, J. Carleton, LLC appeals from an order of the Superior Court ( Vaughan, J.) denying its motion to vacate and set aside articles of dissolution filed by MTS Development Corporation (MTS) and denying its renewed motion to enforce creditor status. We affirm. This is the fourth time this case has come before us. A detailed account of the underlying facts and procedural history can be found in our previous decisions, see Carleton, LLC v. Balagur, 162 N.H. 501 , 503-04, 34 A.3d 637 (...
LYNN, J. The petitioner, David Ellis, 1 appeals an order of the Superior Court ( McNamara, J.) rescinding a non-compete agreement and ordering partial restitution as a remedy, and finding the New Hampshire Consumer Protection Act (CPA), RSA ch. 358-A (2009), inapplicable to the respondents' conduct. The respondents, Candia Trailers and Snow Equipment, Inc. 2 and its principals, Jeffrey Goff (Goff) and Suzanne Goff, cross-appeal the rescission of the non-compete agreement. We affirm in part,...
HICKS, J. The defendant, Elliott M. Bell, appeals a decision of the Superior Court ( Brown, J.) denying his motion to suppress evidence that he possessed less than one ounce of the controlled drug "ecstasy." See RSA 318-B:2 (2011) (amended 2011). We affirm. I The following facts are drawn from the trial court's order denying the defendant's motion to suppress, or are otherwise undisputed. On July 28, 2010, Dover Police Officers Matthew Boc and Paul Levin investigated a noise complaint at...
HICKS, J. The defendant, Samuel Biondolillo, appeals his conviction, following a bench trial in the 6th Circuit Court — Concord District Division ( Spath, J.), of disorderly conduct, see RSA 644:2, II(e) (2007). He argues: (1) that his conviction violates his constitutional right to free speech; (2) that the evidence is insufficient to sustain his conviction; and (3) that, for several reasons, the trial court committed plain error. We affirm. I The trial court could have found the...
CONBOY, J. The petitioner, Kevin P. Sheehan, appeals an order of the Superior Court ( Lewis, J.) entering judgment in favor of the respondent, the New Hampshire Department of Resources and Economic Development (DRED), on his request for declaratory, injunctive, and other relief. We affirm. The trial court found the following facts. On November 13, 2008, the petitioner purchased property in Derry (the Property). The Property abuts Jackman Road, which is a class VI town road and not in good...
DALIANIS, C.J. The petitioner, Kenneth Heinrich, appeals the final decree entered by the 10th Circuit Court — Derry Family Division ( Sadler, J.) in his divorce from the respondent, Dorothy Heinrich. He argues that the trial court erred when it determined that his lump sum workers' compensation settlement is property subject to equitable distribution. Alternatively, he contends that the trial court's division of this award is inequitable. We affirm. The trial court found the following...
LYNN, J. The respondent, Veronica Goudreau (mother), appeals the order of the 1st Circuit Court — Berlin Family Division ( Carroll, J.), upon the recommendation of the Marital Master ( Barber, M.), granting, in part, the request of the petitioners, Maurice and Gisele Lemieux, parents and next friend of Andrew Lemieux (father), to change the name of mother and father's child. We affirm. The following facts are drawn from the record. Father and mother entered into a romantic relationship...
DALIANIS, C.J. In this petition for original jurisdiction, see Sup.Ct. R. 11, the defendants, Southern New Hampshire Medical Center (SNHMC) and Bernard Bettencourt, Jr., D.O., seek review of the decision of the Superior Court ( Nicolosi, J.) that three provisions of the statute governing medical injury screening panels, RSA 519-B:8-:10 (2007), violate the Separation of Powers Clause of the State Constitution, see N.H. CONST. pt. I, art. 37. We conclude that in so ruling, the trial court...
CONBOY, J. The defendant, John Brooks, appeals his conviction, following a jury trial, for capital murder involving solicitation, capital murder in the course of a kidnapping, first degree murder (as an accomplice), and conspiracy to commit capital murder, in connection with the death of Jack Reid, Sr. See RSA 630:1, I(b), (c) (1996) (amended 2006, 2011); RSA 630:5 (1996); RSA 626:8 (Supp.2004); RSA 630:1-a, I(a) (1996); RSA 629:3 (Supp.2004). On appeal, he argues that the Superior Court (...
CONBOY, J. The respondent, Town of Moultonborough (Town), appeals a decision of the New Hampshire Public Employee Labor Relations Board (PELRB) granting a petition for certification filed by the petitioner, New England Police Benevolent Association, Inc. (NEPBA). We affirm in part, reverse in part, and remand. In June 2010, the NEPBA filed a petition for certification of a proposed collective bargaining unit to be composed of "[a]ll sworn and non-sworn employees of the Town of Moultonborough...
HICKS, J. The respondent, Richard Townsend, appeals orders of the Superior Court ( Wageling, J.): (1) granting summary judgment in favor of the petitioner, Town of Barrington (Town), on its claims that the respondent used his property as a campground and his barn as a dwelling without proper Town approvals; and (2) awarding attorney's fees to the Town. We affirm. The following facts appear in the record and are recited for background purposes. Undisputed facts necessary to support summary...
HICKS, J. The petitioners, J.K.S. Realty, LLC and L.J.J. Realty, LLC, appeal a ruling of the Superior Court ( Lynn, J.) that the respondent, the City of Nashua (City), did not take the petitioners' property by inverse condemnation. We affirm. The following facts were either found by the trial court, are undisputed by the parties, or are supported in the record. The petitioners are two trusts that own, as tenants in common, a 26.8 acre parcel of land in Nashua (the property). The property was...
DALIANIS, C.J. The plaintiffs, Kenneth Bond and Deborah Thibault, on behalf of themselves and a class of others similarly situated, appeal an order of the Superior Court ( Brown, J.) granting summary judgment to the defendants, the City of Manchester and Paul Martineau in his official capacity as Commissioner of the Manchester Welfare Department (collectively, the City). We reverse and remand. I. Background The following facts are derived from the record. In January 2010, the plaintiffs...
CONBOY, J. The defendants, Robert Christy, Christy & Tessier, P.A., Debra Johnson, and Kathy Tremblay, appeal a decision of the Superior Court ( Tucker, J.) rescinding a professional liability policy issued by the plaintiff, Great American Insurance Company (GAIC), to the law firm of Christy & Tessier, P.A. We reverse and remand. We set forth the relevant facts as presented in the parties' agreed statement of facts. Robert Christy (Christy) and Thomas Tessier (Tessier) were partners in...
DALIANIS, C.J. The State appeals the order of the Superior Court ( McHugh, J.) dismissing charges filed against the defendant, Burton G. Hollenbeck, Jr., Ph.D., because it determined that the statute upon which they were based, RSA 632-A:2, I(g)(1) (2007), violated his state and federal substantive due process rights. We reverse. For the purposes of this appeal, the following facts are undisputed. At the time of the alleged crimes, the defendant was a licensed psychologist, who provided...
CONBOY, J. The respondent, George W. LaRocque (Father), appeals an order of the 9th Circuit Court — Manchester Family Division ( Gordon, J.) finding him in contempt for failure to pay child support, calculating his arrearages to be $102,845.52 as of December 20, 2010, and modifying his child support obligation with an effective date of January 7, 2011. We affirm in part, reverse in part, vacate in part, and remand. The following facts are drawn from the record. The Father and the petitioner,...
LYNN, J. The petitioners, the City of Concord, the County of Belknap, and Mascenic Regional School District, appeal an order of the Superior Court ( McNamara, J.) denying their motion for summary judgment and granting summary judgment in favor of the respondent, the State of New Hampshire. We affirm. I The pertinent facts are not in dispute. The New Hampshire Retirement System (NHRS) is a tax qualified pension trust for certain public employees. RSA 100-A:2 (2001). Under RSA chapter 100-A,...
CONBOY, J. This is an appeal from an order of the 10th Circuit Court — Brentwood Family Division ( Hurd, J.) finding the respondent, John P. Nicholson (Father), to be $28,556, plus interest, in arrears on child support obligations to the petitioner, Kimberly J. Nicholson (Mother). We reverse and remand. The following facts are drawn from the record. The Mother and the Father were married and had three children. The parties divorced in 2000, at which time all of their children were minors....
DALIANIS, C.J. This is an interlocutory appeal from an order of the Superior Court ( Smukler, J.) that certified a class represented by the plaintiff, Karen L. Lawrence, consisting of "all individuals who purchased Marlboro Lights cigarettes in New Hampshire from January 1, 1995, until the date of trial." See Sup.Ct. R. 8. The superior court transferred a single question for our review: Did the Superior Court err in its application of New Hampshire law when it granted Plaintiff's Motion...
HICKS, J. The petitioner, Aspen Contracting NE, LLC (Aspen), appeals the decisions of the Administrative Hearing Committee (Committee) and the Appeal Tribunal for the New Hampshire Department of Employment Security (DES), as both were sustained by the DES Appellate Board, finding the claimants to be employees and Aspen to be an employer in New Hampshire subject to RSA chapter 282-A. We affirm. The record supports the following facts. Aspen is a Delaware limited liability company with a place...
