Justia New Hampshire Supreme Court Opinion Summaries

Plaintiffs Richard and Sanaz Anthony appealed a superior court order affirming a decision of the Town of Plaistow’s (Town) Planning Board granting site plan approval for the development and consolidation of two lots by the intervenor, Milton Real Properties of Massachusetts, LLC. Plaintiffs argued the superior court erred by: (1) ruling that it lacked subject matter jurisdiction to address plaintiffs’ argument that the proposed use was not permitted in the zoning district; (2) finding that the planning board made a sufficient regional impact determination pursuant to RSA 36:56 (2019); and (3) ruling that the planning board’s decision granting site plan approval was otherwise lawful and reasonable. The New Hampshire Supreme Court concluded that the superior court did not err in dismissing the plaintiffs’ zoning argument, in concluding that the planning board acted reasonably when it implicitly found that the project would not have a regional impact, and in finding that the planning board’s decision was otherwise lawful and reasonable. View "Anthony, et al. v. Town of Plaistow" on Justia Law

In an interlocutory appeal, multiple hotel operators challenged a superior court’s orders in a suit against defendants, multiple insurance underwriters, all relating to the denial of coverage during the COVID-19 world health pandemic. Plaintiffs owned and operated twenty-three hotels: four in New Hampshire, eighteen in Massachusetts, and one in New Jersey. Plaintiffs purchased $600 million of insurance coverage from defendants for the policy period from November 1, 2019 to November 1, 2020. With the exception of certain addenda, the relevant language of the policies was identical, stating in part that it “insures against risks of direct physical loss of or damage to property described herein . . . except as hereinafter excluded.” For periods of time, pursuant to governors’ orders, hotels in each of the three states were permitted to provide lodging only to vulnerable populations and to essential workers. These essential workers included healthcare workers, the COVID-19 essential workforce, and other workers responding to the COVID-19 public health emergency. Beginning in June 2020, plaintiffs’ hotels were permitted to reopen with a number of restrictions on their business operations. Plaintiffs, through their insurance broker, provided notice to defendants they were submitting claims in connection with losses stemming from COVID-19. Plaintiffs sued when these claims denied, arguing that the potential presence of the virus triggered business loss provisions in their respective policies. To this, the New Hampshire Supreme Court disagreed, finding that “[w]hile the presence of the virus might affect how people interact with one another, and interact with the property, it does not render the property useless or uninhabitable, nor distinctly and demonstrably altered.” View "Schleicher & Stebbins Hotels, LLC, et al. v. Starr Surplus Lines Insurance Co., et al." on Justia Law

The State appealed a superior court’s grant of a motion to suppress statements made by defendant Caleb Marquis. Marquis was charged with several felonies relating t first- and second-degree burns to his girlfriend’s 16-month-old child in his care. The trial court ruled that defendant was subject to custodial interrogation at the time he gave the statements, and, because he was not given Miranda warnings, those statements were obtained in violation of his right against self-incrimination. The State contended that the entire interview should not be suppressed because, even if it became accusatory, it was not accusatory from start to end. The New Hampshire Supreme Court agreed after review of the record that the first few minutes of the interview were not accusatory and should not have been suppressed. Once an officer told defendant “it looks like you’re trying to be deceitful” and that “it potentially could be a criminal matter,” the interview became sufficiently accusatory that a reasonable person would believe himself to be in custody, and all subsequent statements should have been suppressed. Accordingly, the Supreme Court reversed the trial court’s suppression order as to the statements made by the defendant prior to these two statements by the officer, but otherwise affirmed the court’s decision. View "New Hampshire v. Marquis" on Justia Law

Plaintiff David Loik appealed a superior court order dismissing his petition for the partition and sale of real estate. At issue was whether the superior court or the circuit court had subject matter jurisdiction over this matter. Because the New Hampshire Supreme Court concluded that, under the applicable statute, the circuit court and not the superior court had subject matter jurisdiction, it vacated and direct the superior court to transfer the petition to the circuit court. View "Loik v. Loik" on Justia Law

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

Defendant LeeAnn O’Brien was convicted by jury of possession of a narcotic drug and control of a vehicle where a controlled drug was illegally kept. On appeal, she argued the superior court erred by denying her motion to suppress evidence seized pursuant to a search of her vehicle following a motor vehicle stop. After review, the New Hampshire Supreme Court concluded the officer unlawfully expanded the scope of the stop for a defective license plate light by requesting the defendant’s consent to search her vehicle for drugs. Accordingly, judgment was reversed and remanded. View "New Hampshire v. O'Brien" on Justia Law

Defendant Justin Lamontagne was convicted by jury on four counts of nonconsensual dissemination of private sexual images. Defendant and the victim were in a three-year romantic relationship. The relationship ended, but defendant and the victim stayed in contact. During the summer of 2019, defendant learned that the victim was in a relationship with another man. Defendant saw an image on the internet of a naked woman tied in ropes and hanging from a tree (the “bondage image”). The woman’s face was blurred and the image contained no information identifying her. Defendant believed the bondage image depicted the victim. Defendant sent the image to the victim through Facebook Messenger. This interaction led to a discussion of possible sexual activity in which defendant and the victim could engage, including making a video of them having sex. According to defendant, he and the victim formed an agreement whereby if the victim did not break up with her new boyfriend, defendant could send the video to whomever he wished. Defendant and the victim created the video, after this alleged agreement. According to the State, the sexual encounter and the filming of the video were consensual, but there was no agreement for the video’s release. Rather, the State contended that after making the video, defendant indicated that, amongst other things, the victim must see him once a week and end her relationship with her new boyfriend or defendant would release the video. The State contended that every time the victim tried to offer an excuse for why she could not see defendant, he would become angry and threaten to release the video. On August 4, 2019, defendant sent a video to four individuals. On appeal, defendant argued the trial court erred in excluding his proffered testimony that he believed the bondage image depicted the victim. The trial court held, and the New Hampshire Supreme Court concurred, the proffered evidence was irrelevant and therefore inadmissible. Judgment was affirmed. View "New Hampshire v. Lamontagne" on Justia Law

Appellants (father and mother) challenged multiple circuit court orders finding both parents neglected their children and ordering the children's removal from their home. Appellants were the parents of B.R., S.R., and J.R. Both parents had a significant history with the New Hampshire Division for Children, Youth and Families (DCYF), including reports alleging one or both parents were manufacturing or selling methamphetamines in the home with the children present. In March 2021, based on criminal allegations against mother (relating to her purchase and use of methamphetamine), DCYF filed a motion for ex parte removal of the children from the home. The trial court granted the motion and found that mother’s continued involvement in drug trafficking beginning in 2015, and her risk-taking behavior related thereto, “demonstrate that the children’s health or life are in imminent danger if they are allowed to remain in the parents’ home.” The court awarded DCYF protective supervision of the children. In May 2022, following a dispositional hearing, the court found that return of the children to their home would be contrary to their welfare because neither parent had corrected the behavior that led to the children’s initial removal. Father and mother each appealed separately. The New Hampshire Supreme Court accepted the two appeals and consolidated them. Parents argued both findings were unsupported by the evidence. Father also argued that the court’s orders failed to provide specific written findings as required by RSA 169-C:6-b, III (2022). After review of the circuit court orders, the New Hampshire Supreme Court found no reversible error and affirmed. View "In re J.R.; In re S.R.; In re B.R." 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