DALIANIS , C.J. The plaintiff, Mark E. McDonough, appeals an order of the Superior Court ( McNamara , J.) denying him summary judgment and granting summary judgment to the defendants, TASC Technical Services, LLC (TASC), Patrick M. McDonough, and Matthew J. McDonough. The trial court ruled that TASC was not required to dissolve on September 30, 2015. We affirm. I. Background The trial court found that the following facts were not disputed. In 1992, brothers Mark, Matthew, and Patrick...
LYNN , J. This is an interlocutory appeal by the plaintiff, the City of Rochester (City), from an order of the Superior Court ( Houran , J.) dismissing the City's claims against two of the four defendants it sued for damages. On appeal, the City asserts that the trial court erred in refusing to apply the doctrine of nullum tempus occurrit regi ("time does not run against the king") so as to exempt the City's claims against defendants Chicago Bridge & Iron n/k/a CB & I, Inc. (CB & I) and...
HICKS , J. The defendant, Thomas Milton, appeals his conviction, following a jury trial in Superior Court ( Smukler , J.), on one count of second degree murder, one count of assault by a prisoner, and one count of falsifying physical evidence. See RSA 630:1-b (2016); RSA 642:9 (2007) (amended 2010); RSA 641:6 (2016). We affirm. I. Background The relevant facts follow. The charges against the defendant stem from events occurring on July 26, 2010, at the New Hampshire State Prison where...
BASSETT , J. The plaintiffs, William Weaver, individually and as administrator of the estate of his wife, Marceline Weaver, and James Sousa, appeal decisions of the superior court granting summary judgment in favor of the defendants, the Town of Pelham (Town), Pelham Police Chief Joseph Roark, Pelham Police Officer Derek Gioia (collectively, the Pelham defendants), and Woody's Auto Repair & Towing, Inc. (Woody's). This case arises from an automobile accident allegedly caused by Randall...
CONBOY , J. The petitioner, Annelle Mullen, appeals a decision of the New Hampshire Department of Employment Security (department). She challenges the decision by the department's commissioner to require the department's appeal tribunal (tribunal) to reopen the department's case against the petitioner. We affirm. This is the third time this case has come before us. See Appeal of Annelie Mullen (Mullen II) , No. 2014-0556 (N.H. Apr. 8, 2015); Appeal of Mullen (Mullen I) , 165 N.H. 344,...
BASSETT , J. The petitioner, James G. Boyle, as trustee of the 150 Greenleaf Avenue Realty Trust, appeals a decision of the New Hampshire Transportation Appeals Board (TAB) affirming the denial of his application for a permit to construct a driveway onto a state highway. The TAB based its decision upon sections 7(a) and 7(e) of the New Hampshire Department of Transportation's (DOT) "Policy for the Permitting of Driveways and Other Accesses to the State Highway System." See Policy for the...
HICKS , J. The State petitioned for a writ of certiorari, see Sup. Ct. R. 11, seeking review of an order of the Superior Court ( Brown , J.) requiring the State to "obtain, preserve and produce ... for [the court's] in camera inspection" certain of the complainant's cell phone communications, social media communications, and cell phone service provider records that the defendant, Michael Lewandowski, believes could be exculpatory. We grant the petition, vacate the court's order, and...
HICKS , J. The respondent, Christopher Ross, appeals an order of the Circuit Court ( Cooper , M., approved by Ryan , J.) dismissing his petition for a fault-based divorce and the final order of the court ( Cooper , M., approved by Stephen , J.) in his divorce from the petitioner, Danielle Ross. He argues that the trial court erred: (1) in granting the petitioner's motion to dismiss based upon the defense of recrimination; (2) in failing to award him more than half of the marital estate;...
CONBOY , J. The plaintiff, Lake Forest R.V. Resort, Inc., appeals from an order of the Superior Court ( Houran , J.) ruling that RSA chapter 216-I (2011 & Supp. 2015), entitled "Recreational Campgrounds and Camping Parks," applies in this case. The plaintiff also appeals from an order of the Superior Court ( Garfunkel , J.) ruling in favor of the defendants, Town of Wakefield and Town of Wakefield Planning Board (planning board), regarding a procedural due process claim involving town...
DALIANIS , C.J. The plaintiffs, Carrie Hendrick and Jamie Birmingham, appeal an order of the Superior Court ( Smukler , J.) granting summary judgment to the defendant, the New Hampshire Department of Health and Human Services (DHHS). We reverse and remand. I. Legal Framework The issue before us is the constitutionality of New Hampshire Administrative Rules, He-W 654.04(c). The rule requires DHHS to include a child's federal Supplemental Security Income (SSI) in the calculation of a...
DALIANIS , C.J. The petitioner, the Estate of Thea Braiterman, filed a petition for writ of certiorari challenging a final decision of the Administrative Appeals Unit (AAU) of the New Hampshire Department of Health and Human Services (DHHS), that upheld the determination that the applicant, Thea Braiterman, was ineligible for Medicaid-Old Age Assistance (Medicaid-OAA) benefits because her assets exceeded the eligibility threshold. See Sup.Ct. R. 11; see also 42 U.S.C. 1396p(h)(1)...
LYNN , J. The plaintiff, Alice Finn, appeals an order of the Superior Court ( McNamara, J.) denying her motion to affirm and granting the motion of the defendants, Ballentine Partners, LLC (BPLLC), Ballentine & Company, Inc., Roy C. Ballentine, Kyle Schaffer, Claudia Shilo, Andrew McMorrow, and Gregory Peterson, to vacate a final arbitration award in part pursuant to RSA 542:8 (2007). Because we conclude that the trial court did not err in ruling that RSA 542:8 is not preempted by the...
DALIANIS , C.J. The Dunbarton School District (Dunbarton) appeals a decision of the New Hampshire State Board of Education (Board) which determined that Dunbarton is liable to the Goffstown School District (Goffstown) for its proportional share of Goffstown's obligation on a 20-year construction bond approved in 2001 for renovations to the Goffstown High School. We reverse. I. Background The pertinent facts follow. Enacted in 1963, RSA chapter 195-A allows the establishment of...
HICKS , J. The defendant, the City of Concord (City), appeals an order of the Superior Court ( Delker, J.) requiring it to issue demolition permits to the plaintiff, Everett Ashton, Inc. (Everett Ashton), so that Everett Ashton may remove three abandoned, valueless manufactured homes from its manufactured housing park. The court also ruled that the City could not place a lien on Everett Ashton's park for the unpaid water bills of the former residents of the abandoned homes, and that, by...
DALIANIS , C.J. The plaintiff, James Yager (the client), appeals orders of the Superior Court ( MacLeod, J.) granting summary judgment to defendant K. William Clauson (the attorney) on the client's legal malpractice claim and dismissing that claim as to defendant Clauson, Atwood & Spaneas (the law firm). Of the two defendants, only the attorney has appeared in this appeal. We affirm the trial court's decision to dismiss the client's legal malpractice action against the law firm, reverse...
BASSETT , J. The plaintiff, Donna M. Green, appeals a decision of the Superior Court ( Anderson, J.) entering judgment in favor of the defendants — School Administrative Unit # 55 (SAU), Timberlane Regional School District, Nancy Steenson, and Earl F. Metzler, II — and concluding that the plaintiff was not entitled to receive electronic copies of documents that she had requested from the defendants. We reverse. The following facts are undisputed or are otherwise supported by the record....
LYNN , J. The defendant, Timothy Bobola, appeals a decision of the Superior Court ( Anderson, J.) denying his petition to annul a criminal conviction for second degree assault (assault conviction) and a second degree assault charge that did not result in a conviction (assault charge). See RSA 651:5 (Supp. 2015) (amended 2015). On appeal, he argues that the trial court erred by denying his petition to annul on the basis that he had a conviction for driving under the influence (DUI) on...
CONBOY , J. In this declaratory judgment proceeding, the petitioner, Thomas Todd, appeals an order of the Superior Court ( Nicolosi, J.) denying his cross-motions for summary judgment and granting summary judgment in favor of the respondents, Vermont Mutual Insurance Company (Vermont Mutual) and Hanover Insurance Company (Hanover). The trial court ruled that neither respondent had a duty to provide a defense to Todd in a civil stalking action. We affirm. I. Background The summary...
HICKS , J. Farmington School District (district) appeals a decision of the State Board of Education (state board) reversing the decision of the Farmington School Board (local board) not to renew the employment contract of Demetria McKaig, a guidance counselor at Farmington High School. McKaig cross-appeals the state board's decision and argues that she is entitled to reinstatement with back pay and benefits. We affirm in part, reverse in part, order that McKaig be reinstated to her former...
BASSETT , J. The plaintiff, CBDA Development, LLC (CBDA), appeals an order of the Superior Court ( MacLeod, J.) affirming a decision of the Planning Board (Board) of the defendant, Town of Thornton (Town), not to consider CBDA's second site plan application for a proposed recreational campground. Applying the subsequent application doctrine set forth in Fisher v. City of Dover, 120 N.H. 187 , 412 A.2d 1024 (1980), the Board decided that it could not consider CBDA's second application...
