CONBOY, J. The petitioner, Stephen Stompor, seeks a writ of certiorari, see Sup.Ct. R. 11, challenging an order of the 6th Circuit Court — Concord Probate Division ( Hampe, J.) granting the petitioner and his brother, the respondent, Stan Stompor, access to the file of an attorney who drafted estate plan documents for their parents, Broneslaw and Amelia Stompor (the parents). We affirm. The following facts are drawn from the record. In 2001 and 2002, the parents met with an attorney (the...
DALIANIS, C.J. The petitioner, Michael Carrier, seeks review of a ruling of the board of trustees (board) of the respondent, New Hampshire Retirement System (NHRS), that, as fire chief for Hampstead, he was required to be a member of the NHRS. We affirm. I. Background We briefly recite the relevant facts. The petitioner worked in Londonderry as a full-time firefighter and later as the town's fire chief. When he worked in Londonderry, the petitioner was enrolled in the NHRS. He retired from...
HICKS, J. The plaintiff, Stephen P. Dichiara, Jr., appeals an order of the Superior Court ( Wageling, J.) granting summary judgment to the defendants, Sanborn Regional School District (School District) and Robert Ficker, on the basis of municipal immunity under RSA 507-B:2 (2010). We affirm. The following facts are taken from the trial court's order. On December 2, 2008, the plaintiff attended tryouts for Sanborn Regional High School's basketball team. Ficker is the basketball team's...
HICKS, J. The plaintiff, Lawrence Leeds, appeals an order of the Superior Court ( Nicolosi, J.) granting summary judgment to the defendant, BAE Systems (BAE), in this wrongful discharge action. We affirm. The record supports the following facts, presented in the light most favorable to Leeds. Leeds worked for BAE as a quality control inspector from 2001 until his discharge in April 2009. Throughout his employment at BAE, Leeds was an "at-will" employee. On April 30, 2009, BAE discharged...
BASSETT, J. The defendant, Karen Gagne, appeals her convictions following a jury trial in Superior Court ( Smukler, J.) of nine counts of theft by unauthorized taking, see RSA 637:3 (2007), and two counts of theft by misapplication of property, see RSA 637:10 (2007). She argues that the trial court erred in denying her motion to dismiss for insufficient evidence. We affirm her convictions on nine counts, reverse her convictions on two counts, and remand. The jury could have found the...
HICKS, J. The defendant, City of Portsmouth (City), appeals a jury verdict awarding $128,111 as just compensation for the defendant's taking by eminent domain of easement rights in property of the plaintiff, Houston Holdings, LLC (Houston). The defendant challenges the Superior Court's ( Wageling, J.) ruling on a motion in limine and the Superior Court's ( Delker, J.) denial of a motion to set aside the verdict. We affirm. The record supports the following facts. On June 24, 2009, the...
BASSETT, J. The defendants, Leisure Life Industries a/k/a Leisure Life Industries, Inc. a/k/a Leisure Life Industries, LLC (Leisure Life) and Knothe Apparel Group, Inc. (Knothe) (collectively, the defendants), appeal an order of the Superior Court ( McHugh, J.) denying their motion for summary judgment and granting the cross-motion for entry of final judgment on the issue of indemnity filed by the plaintiffs, JoAnne Gray, Jeffrey Gray, Jeffrey J. Gray, and Jonathan Gray. The defendants also...
LYNN, J. The respondent, City of Concord (City), appeals an order of the Superior Court ( McNamara, J.) granting summary judgment to the petitioner, Granite State Management & Resources (GSMR), and denying summary judgment to the City, based upon a finding that GSMR is a charitable organization eligible for a tax exemption under RSA 72:23, V (2012) for the tax years 2008 and 2009. We affirm in part, reverse in part, and remand. I. Facts The summary judgment record supports the following...
DALIANIS, C.J. The petitioners, Bilden Properties, LLC (Bilden Properties) and TD Bank, N.A. (TD Bank), appeal, and the respondents, S. Gerald and Gail Birin (the Birins), cross-appeal, an order of the Superior Court ( Nicolosi, J.) finding, among other things, that the petitioners are bona fide purchasers for value, who acquired interests in the subject property without notice of the Birins' mortgage on it. We affirm in part, reverse in part, vacate in part, and remand. The trial court...
BASSETT, J. The plaintiff, Robin Plaisted, appeals an order of the Superior Court ( Tucker, J.) granting the motion of the defendant, Jeffrey A. LaBrie, to dismiss as time-barred her petition seeking proceeds from the sale of property that she claims to have once owned. We affirm. The plaintiff alleges the following facts, which we accept as true for purposes of this appeal. Elter-Nodvin v. Nodvin, 163 N.H. 678 , 679, 48 A.3d 908 (2012). In May 2002, the plaintiff and the defendant...
CONBOY, J. This appeal and cross-appeal are from decisions of the Superior Court ( McHugh, J.) on remand after we decided Foundation for Seacoast Health v. HCA Health Services of New Hampshire, 157 N.H. 487, 953 A.2d 420 (2008) (Foundation I ). We affirm in part and reverse in part. This case and Foundation I involve the same parties and relate to a 1983 Asset Purchase Agreement (the Agreement) under which the trustees of Portsmouth Regional Hospital (the Hospital) agreed to sell the...
CONBOY, J. The respondents, New Hampshire Fish and Game Department (F & G) and New Hampshire Council on Resources and Development (CORD), appeal a decision of the Superior Court ( Smukler, J.) granting summary judgment to the petitioners, Town of Newbury and Lake Sunapee Protective Association, on their writ of certiorari challenging CORD's decision to approve F & G's design of a boat launch. See RSA 162-C:6 (2002). The trial court ruled that CORD lacked authority to approve the boat launch...
HICKS, J. Defendant John Genovesi appeals the refusal of the Superior Court ( Tucker, J.) to dismiss, for lack of personal jurisdiction, a claim against him for professional negligence brought by the plaintiff, Kimball Union Academy (KUA). Defendants JDE, Inc. (JDE) and James DePaul are not involved in this appeal. We affirm and remand. KUA's writ alleges the following facts. KUA is a college preparatory school located in Meriden. It hired JDE to design and build a field house facility on...
DALIANIS, C.J. The petitioners, Lake Sunapee Protective Association and Town of Newbury, appeal a New Hampshire Wetlands Council decision. The Wetlands Council upheld the grant by New Hampshire Department of Environmental Services (DES) of a shoreland impact permit to the respondent, New Hampshire Department of Fish and Game (F & G), to construct a two-ramp public boat launch with parking on the State's "Wild Goose Property," located on the shore of Lake Sunapee. The petitioners contend that...
DALIANIS, C.J. The petitioners, Thomas Morrissey, Margaret Russell, Dorothy Sears, Reginald Rogers, Richard and Barbara Sanders, Patricia Reynolds, John Chamberlain, John Quimby, Michael O'Donnell, and Robert and Judith Dupuis, appeal a ruling of the New Hampshire Department of Environmental Services (DES) Wetlands Council (Council) affirming the issuance by the Wetlands Bureau (Bureau) of a wetlands permit to the respondent, Town of Lyme (Town). The petitioners argue that, when issuing the...
HICKS, J. The plaintiff, The Sunapee Difference, LLC, appeals: (1) an order of the Superior Court ( Nicolosi, J.) granting summary judgment to the defendant, the State of New Hampshire, on Sunapee's claims for breach of contract, equitable estoppel, promissory estoppel, breach of an implied covenant of good faith and fair dealing, reformation, and inverse condemnation; and (2) an order of the Superior Court ( Mangones, J.) partially granting the State's motion to dismiss Sunapee's inverse...
CONBOY, J. The petitioner, Hannaford Brothers Company, appeals an order of the Superior Court ( Tucker, J.) dismissing its appeal from a decision of the Town of Bedford Zoning Board of Adjustment (ZBA) for lack of standing. See RSA 677:4 (Supp. 2012). We affirm. The following facts are undisputed. The petitioner owns and operates a 36,541 square foot supermarket on Route 101 in Bedford's commercial district. The petitioner obtained planning board approval for its supermarket in November...
DALIANIS, C.J. The petitioner, the Town of Bartlett Board of Selectmen (Selectboard), appeals an order of the Superior Court ( Houran, J.) upholding a decision of the Town of Bartlett Zoning Board of Adjustment (ZBA) finding that a sign erected by the intervenor, River Run Company, Inc. (River Run), is permitted under the Town of Bartlett's Zoning Ordinance (ordinance). We affirm. The following facts are drawn from the trial court's order and the record. River Run maintains vacation...
BASSETT, J. The petitioners, Steve and Laura Trefethen, appeal an order of the Superior Court ( Wageling, J.) dismissing their appeal from a ruling of the Town of Derry Zoning Board of Adjustment (ZBA) for lack of subject matter jurisdiction. See RSA 677:4 (Supp.2012). We reverse and remand. The trial court's order and the appellate record support the following relevant facts. The petitioners own property in Derry. On November 18, 2010, the ZBA granted a special exception to the lessee of...
CONBOY, J. The respondent, Nissan North America, Inc. (Nissan), appeals a decision of the Superior Court ( Vaughan, J.) vacating a decision of the New Hampshire Motor Vehicle Industry Board (Board) and ruling that RSA chapter 357-C (Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers) renders unenforceable a provision of a written settlement agreement between Nissan and the petitioner, Strike Four, LLC, a Nissan dealer (Dealer). Nissan also appeals...
