New Hampshire Supreme Court
Cases Accepted - November 1999
* denotes appealing parties
99-139 Kelsea,* Richard v. Town of Pembroke
Grant Kidd Robert Upton, II
Gregory Michael
Municipal regulation - whether common law governing
expansion of nonconforming use was applicable; whether
expansion of nonconforming use (increase in height of
tower) from 130 feet to 180 feet violated zoning
ordinance
99-229 Lebroke, Gretchen, v. United States
Vermont Mutual Insurance Fidelity & Guaranty
Judy Rigmont Insurance Company*
Gregory M. Eaton Andrew D. Dunn
Gregory R. Couture Joelle G. Collins
Julie A. Dascoli
Automobile insurance policy - dog bite; whether dog
bite injury was proximately caused by operation or
driving function of an automobile or the condition of
the vehicle itself; whether dog bite injury resulted
from an auto accident
99-355 J & N Fieldstone v. BHC Development
Supply, Inc. Corp.,*
Kenneth A. Cossingham Janice E. Burnham,
Jeanne Huff, John R.
Huff, John W. Carr,
Joseph C. Burnham,
Nancy Carr
Kevin P. Rauseo
BHC Development Corp.* v. Town of Plaistow
Sumner Kalman
Quiet title - whether court erred in granting summary
judgment; whether RSA 80:39 bars BHC from attacking
validity of tax sale and tax deed; whether failure to
give notice violates due process; whether RSA 80:39 is
unconstitutional
99-384 In re Samantha L.
Paula J. Werme, for the mother*
Attorney General
Cindee Carter
Christine Tebbetts
Child abuse and neglect - numerous issues including
whether finding of abuse requires that person named
have personal culpability; extent of court's ability to
order psychological evaluation of parent; lack of
notice and hearing on issue of parent's refusal to
acknowledge abuse; whether superior court abused its
discretion in issuing ex parte orders; failure to
perform in camera inspection of state police files;
whether court's dispostional order was abuse of
discretion; whether court can order parent not named in
petition to undergo DNA testing or a psychological
evaluation as a prerequisite to visitation
99-435 Held, Helen L. v. Osmundson,* Mark L.
Kenneth D. Murphy pro se
Domestic violence - numerous issues including whether
court had jurisdiction over defendant who lives in New
York; consideration of prior lapsed restraining orders;
sufficiency of evidence; admission of hearsay; whether
court erred by extending lapsed domestic violence order
99-485 Rose,* Joyce E., Appeal of
(compensation appeals board)
Shawn E. Nichols
Scott A. Ewing
Attorney General
Workers' compensation - whether claimant who receives
unfavorable decision from board but who obtains a new
hearing based upon a motion for rehearing has
"prevailed" under RSA 281-A:44 and is entitled to
attorney's fees
99-488 State of NH v. Danis,* Anthony
Attorney General James E. Duggan
Timothy Landry
Possession of cocaine - denial of motion to suppress
where police lacked basis to seize defendant or frisk
defendant; failure to indict defendant for 228 days
99-492 State of NH v. Ayotte,* Andrea
Attorney General Leonard D. Harden
Arson - admission of evidence of prior fire; denial of
mistrial after improper testimony adduced by State;
multiplicitous indictment
99-493 State of NH v. Kenyon,* Craig
Attorney General Richard C. Mooney
Sale of controlled substance - whether court erred in
allowing confidential informant to testify after State
granted him immunity
99-506 State of NH v. Almodovar,* Angel
Attorney General James E. Duggan
Carl D. Olson
Probation violation - whether defendant violated
probation by withdrawing from sex offender program
temporarily because he lacked money to pay for either
counseling or transportation
99-507 Orix Credit Alliance, v. Community Bank &
Inc. Trust Company, Lorraine
Mark F. Weaver G. Spera, Trustee,
Torromeo Industries,
Inc.,* Anthony C. Spera
Sumner F. Kalman
Priority of liens - whether court may dissolve properly
granted and recorded ex parte attachment
99-518 State of NH v. Chandonnet,* Daniel P.
Attorney General James E. Duggan
Thomas A. Ficarra
Driving after certification as habitual offender -
sufficiency of evidence; denial of motion to set aside
verdict when only eyewitness testimony came from
witness who admitted lying about events of the night in
question
99-525 State of NH v. Derosia,* Leo A.
Attorney General James E. Duggan
Richard G. Smith
Receiving stolen property - whether defense witness's
testimony "opened the door" to permit admission of
defendant's criminal record; failure of jurors on voir
dire to acknowledge their knowledge of defendant and
witnesses; failure of trial court to reconvene jury
99-528 Termination of Parental Rights over Shannon M.
Dawn E. Caradonna, for the mother*
Kathleen Sternenberg and Elizabeth Cazden, for the
father
Termination of parental rights - denial of petition;
failure to find presumption of abandonment by father;
failure to find that father's behavior was evidence of
intent to abandon child; admission of hearsay
99-536 In the Matter of Patricia Preston and Warren Preston*
R. James Steiner
Henrietta Luneau
Divorce - whether annuity to husband resulting from
permanent disabling injuries he suffered in automobile
accident constitutes marital property; whether court
abused its discretion by including annuity as marital
property
99-547 Estate of Robert T. v. Fleet Bank, Lorraine
Tremaine by Norman R. Tremaine*
Tremaine, Executor Elizabeth Cazden
Emile R. Bussiere
IRA distribution - whether language of divorce decree
permanent stipulation revoked designation of former
spouse as beneficiary of IRA account
99-550 Golden,* Judith, Appeal of
(compensation appeals board)
Raymond J. Kelly
James Owers
Attorney General
Workers' compensation - failure to award partial
benefits
99-551 State of NH v. Landry,* Kevin
Attorney General James A. Connor
Theft by deception - whether RSA 625:4 denies due
process or right to proper venue; whether venue was
proper in Rockingham County; denial of right to
confrontation; jury instruction regarding venue;
sufficiency of evidence; failure by State to introduce
expert medical evidence
99-554 Inter-Lakes School Board,* Appeal of
(public employee labor relations board_
Bradley F. Kidder
Steven R. Sacks
Attorney General
Public employee collective bargaining - whether fact-
finder's report must be submitted to voters of the
legislative body in a single warrant article
99-555 State of NH v. Cassavaugh,* Richard
Attorney General Philip Desfosses
Driving while intoxicated - Miranda violation; failure
to suppress statements made to police
99-560 State of NH v. Tan,* BunChan
Attorney General Paul J. Haley
Aggravated felonious sexual assault, attempted
aggravated felonious sexual assault - exclusion of
evidence that defendant was charged with only one
offense but thereafter indicted for two offenses; jury
instructions on consent; sufficiency of evidence;
refusal to allow defendant to argue State's failure to
introduce victim's taped statement into evidence;
denial of motion for court-appointed translator at
sentencing
99-565 New Canaan Bank & v. Pfeffer, Steven S.
Trust* Frank H. Olmstead
K. William Clauson
Promissory note - collection action; numerous issues
including whether court erred by sua sponte raising
unpled affirmative defense after trial; denial of
hearing on said defense; whether court erred in finding
that bank acted in bad faith; whether court misapplied
Uniform Commercial Code in defining "good faith";
cross-appeal - whether court misread note provision
regarding interest; failure to apply Connecticut law;
denial of estoppel defense; whether defendant raised
defense of discharge
99-568 State of NH v. Dunleavey,* Marcus
Attorney General James H. Moir
Resisting arrest - whether defendant can be guilty of
resisting arrest where the basis of detention was for
protective custody; whether defendant waived issues by
not raising them prior to trial; denial of requested
jury instruction and closing argument
99-576 State of NH v. Hight,* Dorian
Attorney General Joshua L. Gordon
Possession of marijuana - whether defendant gave valid
consent for search
99-586 State of NH v. Diamond,* Steven
Attorney General Joshua L. Gordon
Obstructing governmental administration - whether
University of New Hampshire police department has
authority to arrest; whether UNH police are accountable
to and under control of Durham police chief; whether
defendant's conduct violated statute
99-588 Hughes,* Michael, Laura Hughes, Appeal of
(board of tax and land appeals)
John G. Cronin
Gary J. Roberge, Jr.
Attorney General
Property tax abatement - whether town's equalization
method is proper; whether board erred in valuing
property at $250,000
99-595 North Country v. Town of Bethlehem*
Environmental Services,
Inc.
Town of Bethlehem* v. North Country
Environmental Services, Philip R. Waystack, Jr.
Inc. Jonathan S. Frizzell
Robert A. Olson
Bryan K. Gould
Municipal regulation - private landfill; whether trial
court has jurisdiction over "exactions" claim; whether
zoning board of adjustment decision approving
stipulation constituted waiver of "exactions" claim;
improper placement of burden of proof
99-596 State of NH v. Guaraldi,* Leonard
Attorney General Claude T. Buttrey
Driving while intoxicated, transporting alcoholic
beverages - whether police had reasonable articulable
suspicion to stop defendant's vehicle
Note: The court has consolidated 99-234 with 99-595.