Justia New Hampshire Supreme Court Opinion Summaries

Plaintiff Granite State Trade School, LLC (GSTS) was a gas training school providing fuel gas fitting training courses and licensing exams in New Hampshire since 2007. GSTS was approved as a gas training school prior to the adoption of the current gas fitting regulatory framework. In 2020, defendant New Hampshire Mechanical Licensing Board (Board) directed GSTS to submit to an audit by producing its curriculum, instructor information, and exam materials. In response, GSTS brought suit seeking a declaration that “GSTS training and testing is grandfathered and exempt from compliance” with the audit request because its programs predated the current regulations. Alternatively, GSTS asked the trial court to find Rules Saf-Mec 308 and 610 “arbitrary and capricious” because the rules failed to protect the “integrity and security of the program education materials, and exams,” and were “overburdensome.” GSTS sought to enjoin the Board from: (1) requiring the production of proprietary materials created by GSTS; (2) terminating its training program; and (3) declining to accept certification from GSTS. The Board moved to dismiss; the trial court granted the Board’s motion. The court ruled that the plain and ordinary meaning of the language contained in Rules Saf-Mec 308 and 610 did not “relieve prior approved programs from their continuing obligations” to comply with the regulatory scheme. The trial court also ruled that Saf-Mec 610 “is a valid exercise of the state’s police power and not arbitrary or capricious” and dismissed GSTS’s claim that Saf-Mec 308 was arbitrary and capricious. Finding no reversible error in that judgment, the New Hampshire Supreme Court affirmed. View "Granite State Trade School, LLC v. New Hampshire Mechanical Licensing Board" on Justia Law

Plaintiff Town of Conway (Town) appealed a superior court order granting defendant Scott Kudrick's motion for judgment on the pleadings. The court ruled that the Conway Zoning Ordinance (2013) (hereinafter, “CZO”) permitted a non-owner-occupied short-term rental (STR) in the Town’s residential districts because such use of a property fell within the CZO’s definition of a “residential/dwelling unit.” The Town argued that the court erroneously interpreted the CZO to allow non-owner-occupied STRs in residential districts. After review, the New Hampshire Supreme Court concluded the trial court correctly interpreted the CZO and held that the CZO permitted non-owner-occupied STRs in the Town’s residential districts. View "Town of Conway v. Kudrick" on Justia Law

Plaintiffs Clearview Realty Ventures, LLC, JHM HIX Keene, LLC, VIDHI Hospitality, LLC, NAKSH Hospitality, LLC, 298 Queen City Hotel, LLC, ANSHI Hospitality, LLC, 700 Elm, LLC, Bedford-Carnevale, LLC, and Carnevale Holdings, LLC, owned commercial real estate on which they operated hotels, some of which offered restaurant services along with banquet or function facilities. They contended that the COVID-19 pandemic was a “natural disaster” and that their buildings were “damaged” within the meaning of RSA 76:21, I. Plaintiffs sought relief from the New Hampshire municipalities involved: the Cities of Laconia, Keene, and Manchester, and the Town of Bedford. After denial of their applications, they appealed to the superior court in the applicable county. Observing that there were thirteen separate lawsuits pending in six counties, they then filed an assented-to motion for interlocutory transfer without ruling and motion to consolidate to allow the coordinated transfer of the common questions of law to the New Hampshire Supreme Court. In this interlocutory transfer without ruling, the Supreme Court was asked to determine: (1) whether, for purposes of RSA 76:21, the COVID-19 pandemic constituted a “natural disaster”; and (2) if so, whether the buildings owned by the plaintiffs were “damaged” by COVID-19 such that they were “not able to be used for [their] intended use” within the meaning of RSA 76:21, I. The Court answered the second question in the negative. View "Clearview Realty Ventures, LLC v. City of Laconia; et al." on Justia Law

Plaintiff Tycollo Graham appealed a superior court order dismissing his lawsuit against defendants ProCon, Inc. and Eurosim Construction, on res judicata grounds. Plaintiff argued on appeal that his suit in Merrimack County Superior Court was not barred by the Grafton County Superior Court’s prior dismissal of an identical action against the same defendants because the prior dismissal was not a final judgment on the merits. To this, the New Hampshire Supreme Court agreed: his suit is not barred by res judicata. Accordingly, the Supreme Court reversed and remanded. The Court also adopted a prospective rule that a dismissal order resulting from a plaintiff’s violation of a court order or a procedural rule that is silent as to prejudice will be deemed to be without prejudice and, therefore, not “on the merits” for the purposes of res judicata. View "Graham v. Eurosim Construction, et al." on Justia Law

Plaintiffs Cassandra Caron, Brandon Deane, Alison Petrowski, and Aaron Shelton, appealed a superior court order denying their request for a temporary restraining order and preliminary injunctive relief and dismissing their complaint. Plaintiffs sought, pursuant to RSA 282-A:127 (2010), to require defendants, the New Hampshire Department of Employment Security (NHES) and its Commissioner, to reinstate Pandemic Unemployment Assistance available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. On appeal, they argued the court erred when it construed RSA 282-A:127 as imposing no obligation on defendants to secure Pandemic Unemployment Assistance for New Hampshire citizens and, therefore, dismissed the complaint for failure to state a claim. Because the New Hampshire Supreme Court agreed with the trial court’s interpretation of RSA 282-A:127, the judgment was affirm. View "Caron et al. v. New Hampshire Dept. of Employment Security, et al." on Justia Law

Plaintiff TransFarmations, Inc. appealed a superior court decision to uphold the Town of Amherst Planning Board's (Town) decisions to deny TransFarmations' two successive applications for a conditional use permit (CUP). In May 2019, TransFarmations requested a “Conceptual Meeting” with the Town’s planning board (Board) concerning its proposed development of an approximately 130-acre property known as the Jacobson Farm. It stated that the “development will be designed to meet many of the desired attributes the Town . . . has articulated in [its] Master Plan and [Integrated] Innovative . . . Housing Ordinance (IIHO),” including workforce housing and over-55 housing. TransFarmations subsequently submitted a CUP application under the IIHO for a planned residential development containing 64 residential units. In its challenge to the decisions, TransFarmations argued both that the decisions failed to adequately state the ground for denial and that the Board acted unreasonably because the second CUP application was materially different from the first. The trial court concluded that the Board adequately provided the reason for its first decision on the record because “the Board members discussed, in detail, their reasons for concluding that no material differences [between the first and second applications] existed.” The court also concluded that “the Board acted reasonably and lawfully in reaching [that] decision.” Accordingly, the court affirmed both of the Board’s decisions. TransFarmations contended the trial court erred in affirming the Board’s decision not to accept the second application because TransFarmations submitted that application “at the Board’s invitation and with the information the Board requested.” The New Hampshire Supreme Court concluded TransFarmations’ second application supplying the requested information was “materially different from its predecessor, thus satisfying Fisher.” Because the trial court’s decision concluding otherwise misapplied Fisher v. Dover, it was legally erroneous. Accordingly, the Court reversed the trial court’s order as to the second CUP decision and remanded. View "TransFarmations, Inc. v. Town of Amherst" on Justia Law

Plaintiff Keene Auto Body, Inc. appealed a circuit court order that dismissed its complaint against defendant State Farm Mutual Automobile Insurance Company. Keene Auto Body, acting as an assignee of Caleb Meagher, who insured his vehicle through State Farm, sued State Farm for breach of contract for failing to cover the full cost of repairs to the insured’s vehicle. State Farm moved to dismiss the suit on grounds that, because of an anti-assignment clause in the insured’s policy, the insured’s assignment of his breach of contract claim to Keene Auto Body was not valid, and that, even if it was, Keene Auto Body did not sufficiently state a claim for breach of contract. The trial court granted the motion. The New Hampshire Supreme Court found the anti-assignment clause at issue here was ambiguous, and construed it against the insurer. Therefore, the clause did not prohibit the insured from assigning his post-loss claim to Keene Auto Body. Given this holding, the Supreme Court determined Keene Auto Body's factual allegations were sufficient to survive State Farm's motion to dismiss. Judgment was reversed and the matter remanded for further proceedings. View "Keene Auto Body, Inc. v. State Farm Mutual Automobile Insurance Company" on Justia Law

Plaintiff Laura Colquhoun filed a complaint against defendant City of Nashua, after the City denied her Right-to-Know Law request for all email communications between two City employees during a specific two-month period. Plaintiff submitted a Right-to-Know Law request seeking access to “all email communications between Ms. Kleiner [the City’s Administrative Services Director] and Mr. Richard Vincent [the City’s Chief of Assessing] for the period of January 1, 2021 to March 1, 2021.” In its answer, the City asserted that a search of the email folders located on the computers of both named individuals was “likely to produce hundreds of pages of email communication between the two of them, the vast majority of them being duplicated at least once.” The City further explained that: (1) Vincent had begun employment with the City on approximately January 1, 2021; (2) Kleiner was his immediate supervisor; and (3) the Assessing Department “was in the midst of several projects which would have caused much communication between the two.” The City asserted that “emails that may be responsive to the request could be found in any of the approximately 29,000 files related to individual parcels assessed by the Department.” The City also argued “as a general matter, that Right-to-Know requests for ‘any and all’ documents are overbroad.” The court ordered the parties “to meet and confer within fourteen days and engage in a good faith effort to narrow and focus requests for the benefit of both the City and the requester.” (Citations and quotations omitted.) The court concluded by ordering the City “to conduct a reasonable search for responsive records in accordance with its burden under the Right-to-Know law.” The sole issue before the New Hampshire Supreme Court in this matter was whether the trial court erred by denying plaintiff’s request for attorney’s fees relating to her request. Because the Supreme Court was satisfied the record demonstrated that the City knew or should have known that its blanket denial violated the Right-to-Know Law, the Court concluded the trial court erred when it denied the plaintiff’s request for attorney’s fees and costs. View "Colquhoun v. City of Nashua" on Justia Law

Plaintiff Lorettann Gascard appealed a superior court order dismissing her complaint against defendants, Andrew Hall and Newspapers of New Hampshire, Inc., d/b/a Concord Monitor (Concord Monitor). The plaintiff asserts that the trial court erred in determining that a statement attributed to Hall and published in the Concord Monitor did not constitute defamation. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "Gascard v. Hall et al." on Justia Law

Plaintiff Daniel Barufaldi, appealed a superior court dismissal of his complaint against defendant the City of Dover. Plaintiff was first hired as the Director of Economic Development for the Dover Business and Industry Development Authority (DBIDA) for a fixed term from March 2009 through February 2012. As a condition of his employment with DBIDA, plaintiff was required to waive participation in the New Hampshire Retirement System (NHRS). After his initial term of employment expired in 2012, plaintiff was reappointed for one-year extensions until 2017. In 2017, the City created a new Director of Economic Development position and appointed plaintiff to the position. Prior to executing a new employment agreement, plaintiff asked the Dover City Manager if he would now be eligible to participate in the NHRS. The Dover City Manager informed plaintiff that he was not eligible for enrollment in the NHRS because his employment contract was for “a fixed time period.” Around March 2020, plaintiff contacted the NHRS to inquire about his eligibility for enrollment. In July 2020, the NHRS notified the City that it was obligated to enroll plaintiff in the NHRS. The City subsequently enrolled plaintiff in the NHRS prospectively. Thereafter, the plaintiff submitted a “request for cost calculation to purchase service credit” because of “employer enrollment oversight.” The NHRS administratively reviewed the request and determined, pursuant to RSA 100-A:3, VI(d)(1), plaintiff was partially at fault for the failure to be enrolled in the NHRS following his appointment in 2017 as Director and, therefore, ineligible to purchase service credit. It also determined that DBIDA was not an NHRS participating employer and that plaintiff’s employment contract with DBIDA waived any right to participate in the NHRS. In a letter dated August 4, 2020, the NHRS notified plaintiff of its determination and informed him that he had 45 days in which to appeal the administrative decision by requesting a hearing before the agency. Plaintiff did not request such a hearing but, instead, filed a complaint in superior court. Plaintiff contended to the New Hampshire Supreme Court appealing dismissal of his case that the trial court erred in concluding that: (1) declaratory judgment was not an available theory of relief; and (2) plaintiff was required to exhaust his administrative remedies prior to filing suit. Finding no reversible error, the Supreme Court affirmed. View "Barufaldi v. City of Dover" on Justia Law