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...
DALIANIS , C.J. The State appeals, and the defendants, Actavis Pharma, Inc., Endo Pharmaceuticals, Inc., Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., and Teva Pharmaceuticals USA, Inc., cross-appeal, an order of the Superior Court ( Nicolosi , J.) denying the State's motion to enforce administrative subpoenas issued to the defendants under the Consumer Protection Act (CPA), RSA chapter 358-A (2009 & Supp. 2016), and granting the defendants' motion for a protective order. We reverse...
CONBOY , J. In this declaratory judgment proceeding, the petitioner, Exeter Hospital, Inc. (Exeter), appeals an order of the Superior Court ( Anderson , J.) denying its motion for partial summary judgment as to the amount at which coverage is triggered under an umbrella policy (the policy) issued to Exeter by the respondent, Steadfast Insurance Company (Steadfast). We reverse and remand. The summary judgment record reflects the following pertinent facts. In the spring of 2011, Exeter...
DALIANIS , C.J. The plaintiff, Condominiums at Lilac Lane Unit Owners' Association (Lilac), appeals the order of the Superior Court ( Houran , J.) granting summary judgment to the defendants, Monument Garden, LLC (Monument Garden) and Eastern Bank. The trial court determined that a residential development in Dover known as the Condominiums at Lilac Lane (the condominium) is not subject to the provisions of the Condominium Act (Act), RSA chapter 356-B (2009 & Supp. 2016), regulating "...
HICKS , J. The defendant, the City of Nashua (City), appeals an order of the Superior Court ( Temple , J.) granting summary judgment to the plaintiff, segTEL, Inc., on the basis that the City lacked the authority to tax the plaintiff's use of the City's rights of way. See RSA 72:6, :23 (2012). We affirm. I. Factual Background The evidence submitted on summary judgment, viewed in a light most favorable to the City, see N. New England Tel. Operations v. City of Concord , 166 N.H. 653 ,...
LYNN , J. The petitioner, Public Service Company of New Hampshire d/b/a Eversource Energy (PSNH), appeals an order of the New Hampshire Board of Tax and Land Appeals (BTLA) denying 77 of PSNH's 86 individual tax abatement appeals on its property located in 31 of the respondent municipalities for tax year 2011 and 55 of the respondent municipalities for tax year 2012. We affirm. I The relevant facts follow. PSNH is a for-profit corporation that provides electricity generation,...
LYNN , J. New Hampshire Electric Cooperative, Inc. (NHEC) appeals an order of the New Hampshire Board of Tax and Land Appeals (BTLA) denying 16 of NHEC's 23 individual tax abatement appeals regarding its property located in 11 of the respondent municipalities for tax year 2011 and 12 of the respondent municipalities for tax year 2012. We affirm. I The relevant facts follow. NHEC is an electric cooperative, which means that it is member-owned by its customers. NHEC provides electricity...
BASSETT , J. The plaintiff, DirecTV, Inc. (DirecTV), appeals the decision of the Superior Court ( O'Neill , J.) denying a petition for property tax abatement for the tax years 2007, 2008, and 2009. The property at issue is located in New Hampton and is used by DirecTV as a satellite uplink facility. On appeal, DirecTV argues that the trial court erred when it (1) ruled that satellite antennas and batteries used to provide backup power constitute fixtures, and (2) determined the value of...
HICKS , J. The plaintiff, Fat Bullies Farm, LLC (Fat Bullies), and the counterclaim defendants, Donald Gould and Peter Simmons, appeal various findings and rulings of the Superior Court ( Wageling , J.) made during the course of litigation with the defendants, Alan and Donna Perkins and Lori and Bret Devenport, involving the sale of a 3.1 acre horse farm in North Hampton known as Runnymede Farm. We affirm in part, reverse in part, and remand. I. Factual Background The following facts,...
HICKS , J. The petitioners, Eric and Regina Willeke, appeal an order of the Circuit Court ( Forrest , J.) dismissing their petition for visitation with their now five-year-old great-grandchild for lack of standing. We affirm. The relevant facts follow. Regina Willeke is the maternal great-grandmother of the child. Eric Willeke is the child's maternal step-great-grandfather. The Willekes' petition alleges that the child lived with the petitioners for most of her life. They were her...
DALIANIS , C.J. The plaintiff, Dartmouth Corporation of Alpha Delta (Alpha Delta), appeals an order of the Superior Court ( MacLeod , J.) affirming the decision of the Zoning Board of Adjustment (ZBA) for the defendant, the Town of Hanover (Town), that the use of Alpha Delta's property at 9 East Wheelock Street (the property) violates the Town's zoning ordinance. We affirm. I. Background The relevant facts follow. Alpha Delta has been a fraternity for students at Dartmouth College (...
CONBOY , J. The plaintiff, Beverly A. Cluff-Landry, appeals an order of the Superior Court ( Garfunkel , J.) granting the motion to dismiss of the defendant, Roman Catholic Bishop of Manchester d/b/a St. Christopher School (the school). We affirm. I. Background We assume the following facts, as alleged in the plaintiff's complaint, to be true. In 2008, the plaintiff was hired by the school's former principal to work at the school for the 2008-2009 academic year as a pre-kindergarten (...
LYNN , J. In 1973, the defendant, Robert Breest, was convicted of murdering Susan Randall. Although we affirmed his conviction on direct appeal, see State v. Breest , 116 N.H. 734 , 367 A.2d 1320 (1976), the defendant has maintained his innocence since his conviction and has instituted numerous collateral proceedings in an effort to secure his freedom. 1 Since 2000, the defendant has succeeded in obtaining multiple rounds of DNA testing of fingernail clippings taken from Randall's body....
LYNN , J. The appellant, Patricia M. Jakle, administrator of the estate of Kathleen Mullin, appeals an order of the Circuit Court ( Quigley , J.) denying her motion for declaratory judgment. We affirm. I The pertinent facts are as follows. The decedent, Kathleen Mullin, a resident of Hancock, New Hampshire, died intestate on November 26, 2014. Her heirs at law are her three siblings: Michael Mullin, J. Stanley Mullin, Jr., and the appellant. All of the heirs at law are California...
DALIANIS , C.J. The plaintiff, Holloway Automotive Group (Holloway), appeals the order of the Circuit Court ( Michael, J. ) ruling that the liquidated damages clause contained in the parties' contract is unenforceable. We reverse and remand. The relevant facts follow. Holloway is an authorized franchise dealer of Mercedes-Benz North America, Inc. (MBUSA), with a principal place of business in Manchester. On November 15, 2014, the defendant, Steven Giacalone, purchased a new Mercedes-Benz...
BASSETT , J. The petitioner, Kelly Hagenbuch, has petitioned for a writ of certiorari, see Sup. Ct. R. 11, challenging the termination of her food stamp benefits by the New Hampshire Department of Health and Human Services (department). The department terminated the petitioner's benefits because it found that her income exceeded the maximum amount permitted by the program. In calculating the petitioner's income, the department included distributions from an irrevocable trust, of which...
