New Hampshire Supreme Court
Cases Accepted - June 2000
* denotes appealing parties
99-540 State of NH,* Appeal of
(public employee labor relations board)
Attorney General
James W. Donchess
Unfair labor practice - overtime pay; whether board
misconstrued collective bargaining agreement as
requiring payment of a four-hour minimum overtime
allotment for every off-duty court appearance made by
the employee rather than for every call-back period;
failure to comply with grievance and arbitration
provisions; misapplication of past practice doctrine;
sufficiency of evidence; statute of limitations
99-717 State of NH v. Fereira,* Peter
Attorney General Ray Raimo
Driving after certification as habitual offender -
whether stop of defendant's vehicle violated
constitution; application of incorrect legal standard
in determining if officer had reasonable suspicion to
stop vehicle
99-758 In re Terrance P.*
Richard Cornelius
Attorney General
Involuntary commitment - civil; whether probate courts
must adopt standards for placement at secure
psychiatric unit (SPU); whether State must present
evidence of comparative degree of isolation,
opportunities for treatment and other services at the
SPU versus those available at New Hampshire Hospital
(NHH) and possible modifications for placement at NHH
related to circumstances of the individual before the
court
00-049 Teng,* Chao-cheng v. Geisel, Robert G. Jr,
Michael E. Chubrich Town of Greenfield
John F. Teague
Tax sale - whether tax collector had authority to
disregard instructions and apply payment to disputed
earlier taxes; whether taking of entire farm worth
$220,800 for unpaid taxes of under $6,000 violated
State and Federal Constitutions; whether material
disputed facts should have prevented grant of summary
judgment.
00-104 Beckman, Jere R., David v. Oyster River School
Brown, Joan Hartford, Board,*
Star Halderman, Frank Oyster River
Graham, Edward F. Smith, Cooperative
Ernest J. Bunning, Morey School District, Tom
Borovick, Richard Gordon Carroll, Superintendent,
Anthony A. McManus Drew Christie
Gordon B. Graham
Special school district meeting - whether vote to
approve bond issue taken at special meeting held
without court approval was authorized by Laws 1999, 2:3
00-106 In the Matter of Helen S. Nickerson and Clarke C.
Nickerson*
Janice McLaughlin
Edward Mulligan
Post-divorce proceedings - denial of motion for further
hearing; whether federal tax refund is marital asset
00-109 State of NH v. Richard,* Christopher
Attorney General Steven L. Maynard
Aggravated felonious sexual assault, felonious sexual
assault - denial of pretrial depositions; failure to
dismiss "pattern" indictments; erroneous jury
instructions regarding "pattern" offenses and
corroboration of victim's testimony; allowing testimony
of defendant's out-of-court statements that were not
admissions
00-114 Bianco, P.A.,* James J. v. The Home Insurance Co.
Bianco, Jr., Michael David Grossbaum
J. Farley, Eric G. William Saturley
Falkenham
Doreen F. Connor
Insurance coverage dispute - attorney's fees and costs;
whether court erred in reducing reimbursement of
attorney's fees under RSA 491:22-b for two prevailing
plaintiffs on ground that other two plaintiffs did not
prevail
00-120 In the Matter of Megan Spencer* and Valerie Donovan,
Norman Larsen, Anne Kelley, Thomas Kelley
J. Campbell Harvey
Stephen J. Frasca
Ellen M. Joseph
Child custody - whether superior court erred by
dismissing enforcement petition under UCCJA where
natural mother is seeking to exercise, under out-of-
state decree, physical custody of child who is with
persons appointed by the mother's co-custodians without
the mother's consent; whether superior court required
to dismiss action and refer case to probate court for
guardianship proceedings; whether New Hampshire is the
child's "home state" under RSA 458-A:2 & :3
00-131 Marchand, Suzanne, Peter v. Town of Hudson*
Radziewicz, Joanne John J. Ratigan
Radziewicz Susan W. Chamberlin
Andrew A. Prolman
Municipal regulation - amateur ham radio towers;
whether three 100 foot towers are lawful accessory uses
under zoning ordinance; whether court failed to
properly balance federal interest in providing amateur
radio operations and town's interest in regulating
zoning
00-132 In the Matter of Albert R. Ouellette* and Caroline
P. Ouellette
Mark F. Sullivan
Jackson Casey
Divorce - whether notice of hearing and hearing itself
satisfied due process; whether court erred by refusing
to take testimony at hearing; denial of reconsideration
00-134 Runions, Gabrielle v. Hopkins,* Robert
Chris W. Calivas Debra W. Ford
Elizabeth A. Donovan Charles R. Powell, III
Child support modification - whether court has personal
jurisdiction over defendant despite lack of proper
service; whether court has continuing jurisdiction
under RSA 546-B:7 even though obligor, obligee, and
child all reside in Maine
00-136 Reis,* Randolph J. v. Town of Mont Vernon,
Robert D. Ciandella United States Cellular
William R. Drescher
Gregory E. Michael
Municipal regulation - retroactive building permit;
whether ZBA had equitable authority to apply terms of
1992 zoning ordinance rather than 1998 ordinance;
whether court erred in granting vested rights;
municipal estoppel; failure to apply doctrine of
collateral estoppel or res judicata to hold that
illegality of telecommunications tower was previously
and finally adjudicated by ZBA
00-137 State of NH v. Witham,* Allen J.
Attorney General John F. Lake
Driving while intoxicated, subsequent offense -
sufficiency of evidence as to element of operation
00-138 In re Nathan L.*
Jean-Claude Sakellarios
Attorney General
Simple assault - whether court erred by sua sponte
finding defendant guilty of lesser included offense
00-145 Montplaisir,* Mary Ellen, Appeal of
(department of labor)
Nancy Richards-Stower
Bruce Kenna
Attorney General
Whistleblowers' Protection Act - whether department
erred in not finding whistleblower violation; issuance
of contradictory findings by department; failure of
department to credit employer's admission that she
fired petitioner because petitioner testified at
federal grand jury inquiry about the employer's fiance;
refusal to require employer to answer questions about
her communications with her fiance
00-149 Nevins,* Neil,Katharine v. NH Department of
Mitchell Nevins, Donald Resources and Economic
Hall, John Jones, John Development, Rob Thomson,
Mahoney, Susan Kraeger, Commissioner,
Constance McCleod, James Carter
Priscilla Parmenter, Administrator, Land
J. Edward Weaver, Management Division
Gregory Gutgsell, Mary Attorney General
Gutgsell, Robert Bower,
Mary Lyn Ray
Grant Kidd
Telecommunications sites - whether DRED engaged in
unlawful rulemaking; whether DRED may manage State-
owned mountaintops as telecommunications sites pursuant
to written policy rather than rules
00-153 Rohner,* John, Sr. d/b/a v. Plymouth Village Water
Plymouth Inn & Sewer District
pro se Carol Kenneson, pro se
Municipal services - water; allowing nonattorney to
represent defendant corporation; whether court erred by
sua sponte ruling that plaintiff is responsible for
providing water service from shut off valve to water
meter; whether plaintiff is responsible for providing
water service from shut off valve to water meter
00-238 Gagnon,* Eleanor, Appeal of
(compensation appeals board)
Michael C. Reynolds
James E. Owers
Attorney General
Workers' compensation - whether time spent attending
physical therapy and physician's appointments is
compensable
00-275 In the Matter of Sheila B. Kinville and Ronald G.
Kinville*
Robert C. Wunder
Kenneth D. Murphy
Divorce - alimony; whether court erred by awarding
lifetime alimony; whether court failed to consider
statutory factors in ordering alimony
00-296 Wiemer,* Lucille, Appeal of
(compensation appeals board)
Bryan W. Clickner
James E. Owers
Attorney General
Workers' compensation - whether time spent attending
physical therapy and physicians' appointments for work-
related injury is compensable
00-381 Christmas Island Steakhouse,* Appeal of
(state liquor commission)
David H. Bownes
Attorney General
Liquor license - suspension; failure of state agency to
comply with notice requirements of RSA 541-A:31, III
and agency rules; ex parte communications; sufficiency
of evidence; denial of motion to suspend hearing to
compel appearance of witness; denial of motion to
suspend until after criminal trials of two witnesses
who asserted privilege against self-incrimination