Justia New Hampshire Supreme Court Opinion Summaries

Intervenors Micheline Elias and The Fakhourys, LLC (collectively, the developer), appealed a superior court order denying their motion to dismiss a petition filed by the petitioners, George Stergiou, Jen McCarthy, Brendan Sullivan, and Kirankumar Tamminidi (the abutters), challenging a conditional site plan approval granted to the developer by the planning board (the Board) for the respondent City of Dover (the City). In January 2019, the developer applied to the Board for permission to construct a mixed use development project in Dover. After a public hearing, the Board conditionally approved the site plan (the 2019 Approval). The 2019 Approval and Chapter 153, Article II, Section 153-8 of the City’s site review regulations (the Certification Provision) required the developer to provide the Board with copies of the plan in various formats within 90 days. Due to unforeseen circumstances, the developer was unable to meet this deadline. In July 2020, the developer asked the Board to “re-approve” the 2019 application so that the project could move forward. The Board held a duly-noticed meeting, at which it conditionally re-approved the Site Review Plan subject to specified “Conditions to be Met Prior to the Signing of Plans” (the 2020 Approval). The abutters petitioned pursuant to RSA 677:15, challenging the 2020 Approval as unlawful and unreasonable. The New Hampshire Supreme Court concluded the 2019 Approval was not timely appealed and remained in force, and the 2020 Approval was void ab initio. The Court thus affirmed in part, reversed in part, and remanded with instructions to dismiss, with prejudice, the abutters’ RSA 677:15, I, appeal as untimely. View "Stergiou et al. v. City of Dover" on Justia Law

The State of New Hampshire appealed a New Hampshire Public Employee Labor Relations Board (PELRB) ruling that the State committed unfair labor practices when the Governor: (1) sent an email to all state employees concerning collective bargaining negotiations involving the State; and (2) refused to send the report of a neutral fact finder to the Executive Council for its consideration. After review, the New Hampshire Supreme Court concluded the State did not commit unfair labor practices, and that the PELRB erred by concluding otherwise. View "Appeal of State of New Hampshire" on Justia Law

Petitioner John Doe appealed a superior court order dismissing his petition for declaratory and injunctive relief for failure to state a claim under either RSA 105:13-b (2013) or the New Hampshire Constitution. In April 2016, while employed as a patrol officer by a town police department, Doe was investigated by that department for denying that he wrote in permanent marker on a department rain jacket. Although Doe “was led to believe” he would only receive a “verbal counseling” for what he understood to be a misunderstanding, he later found that the investigation resulted in a one-page written report. In April 2017, after leaving the department, Doe was informed by a letter from the County Attorney’s Office that, from a review of his personnel file, his name was being placed on the Exculpatory Evidence Schedule (EES). Doe did not contest his inclusion on the EES at that time, but later, Doe submitted two requests to remove his name from the EES to the Attorney General’s Office (AGO). Both requests were denied for lack of an “order or other determination” overturning the original finding of misconduct. Citing RSA 105:13-b and his right to due process under the Federal Constitution, Doe filed a petition for declaratory relief and a request for preliminary and permanent injunctions against the AGO, seeking review of his personnel file, removal from the EES, and attorney’s fees. The New Hampshire Supreme Court concluded RSA 105:13-b, II did not authorize the trial court to review the contents of an officer’s personnel file outside the scope of a particular criminal case. The Supreme Court reversed the trial court's ruling on Doe's state constitutional due process issue, and remanded for further proceedings without prejudice to Doe amending his petition given a statutory change. View "Doe v. N.H. Attorney General" on Justia Law

Respondent-Mother appealed circuit court orders entered during abuse and neglect proceedings regarding N.T. initiated by petitioner, the New Hampshire Division for Children, Youth and Families (DCYF), under RSA chapter 169-C (2014 & Supp. 2021). Mother argued the trial court erred when it denied her motion to dismiss the abuse and neglect petitions, claiming that, because the court failed to issue adjudicatory findings within sixty days of the filing of the petitions as required by RSA 169-C:15, III(d) (2014), the court lacked jurisdiction over the case. She also argued the court erred when it found that she had physically abused and neglected N.T. The New Hampshire Supreme Court held RSA chapter 169-C had multiple purposes that were advanced by the time limit in RSA 169-C:15, III(d): to protect the life, health, and welfare of the child, and to protect the rights of all parties involved in the abuse and neglect proceeding. "Because construing the time limit as jurisdictional would undermine all of these important objectives, we conclude that the legislature did not intend that the court be divested of jurisdiction as a consequence of its non-compliance with the deadline." In its review of the trial court record, the Supreme Court was satisfied the trial court did not err in finding Mother abused N.T. Accordingly, the circuit court orders were affirmed. View "In re N.T." on Justia Law

Plaintiff Jerry Gaucher appealed a superior court order denying his claim for payment of a $20,000 lease termination fee and awarding one of the defendants, Waterhouse Realty Trust (the Trust), costs associated with a separate eviction proceeding against plaintiff. Plaintiff argued the court erred by: (1) finding that he, and not defendants, materially breached a lease termination agreement (LTA); (2) awarding the Trust costs incurred in the separate eviction proceeding; and (3) awarding no damages in connection with the court’s prior final default judgment against another defendant, Kevin Waterhouse. After review, the New Hampshire Supreme Court concluded the trial court properly found that plaintiff, and not defendants, materially breached the LTA and, therefore, he had no right to the termination fee. However, because defendants assigned all of their rights set forth in the LTA to a third party, the Supreme Court also concluded the trial court erred in finding that the Trust was entitled to the costs associated with plaintiff’s eviction. Lastly, the Supreme Court affirmed the trial court’s reconsideration of its prior default judgment order against Kevin Waterhouse. View "Gaucher v. Waterhouse" on Justia Law

Defendant Jerry Newton appealed his convictions by jury on three counts of exploitation of an elderly, disabled, or impaired adult in violation of RSA 631:9, I(a) (2016) and RSA 631:10 (2016). Defendant became trustee of the Newton Family Trust and retained power of attorney over both the victim (defendant’s mother) and her husband (defendant’s father) in 2014 as a result of their failing health. The Trust created a fiduciary duty in the trustee and specified that the assets and money held by the Trust were to be used only for the benefit of the victim and her husband until their death. The victim’s husband died on December 21, 2015. By July 2017, the New Hampshire Attorney General had launched an investigation into allegations that defendant exploited the victim for large sums of money. Defendant argued the trial court erred when, at trial, it excluded out-of-court statements made by the defendant’s parents and a financial planner. He also appealed the trial court’s denial of his post-conviction motion for a new trial based upon ineffective assistance of counsel. The State cross-appealed, arguing that the trial court erred by ordering a hearing to review and reconsider the sentence. Finding no reversible error, the New Hampshire Supreme Court affirmed the trial court's orders. View "New Hampshire v. Newton" on Justia Law

Petitioner Philip Borelli (Husband) appealed a circuit court order that found he owed respondent Catherine Borelli (Wife) a child support arrearage, which the court ruled that it lacked authority to modify retroactively. Finding no reversible error in that judgment, the New Hampshire Supreme Court affirmed. View "In the Matter of Borelli" on Justia Law

Plaintiff Daniel Richard appealed a superior court order granting defendants' the Speaker of the New Hampshire House of Representatives and the New Hampshire Senate President, motion to dismiss his complaint seeking equitable relief. Plaintiff sought under Part I, Articles 31 and 32 of the State Constitution: (1) a writ of mandamus to compel the Speaker to assemble the legislature to hear his May 2019 and January 2020 remonstrances; (2) a writ of prohibition to prohibit the Speaker and the Senate President from preventing any document addressed to the legislature from being publicly recorded and heard by the legislature as a whole; and (3) an order preventing the legislature from violating his due process rights. The trial court dismissed plaintiff’s requests for writs of mandamus and prohibition after deciding that his right to relief was not clear under Part I, Articles 31 and 32. The trial court dismissed plaintiff’s due process claim because it found, in part, that the decision not to hear his remonstrances was “rationally related to the legitimate government interest of running the legislature efficiently and economically.” Finding no reversible error in this judgment, the New Hampshire Supreme Court affirmed. View "Richard v. Speaker of the New Hampshire House of Representatives et al." on Justia Law

Plaintiffs-homeowners Dylan O’Malley-Joyce and Eileen Nash appealed a superior court order granting the summary judgment motion filed by defendant Travelers Home and Marine Insurance Company (the insurer), on their claims for damages and declaratory relief. The insured residence was damaged by two leaks — one in November 2017 and the other in early January 2018. The homeowners filed claims under the policy as to both leaks. Thereafter, the parties disagreed about the cost and scope of repairs. In November 2018, the insurer sought to settle the parties’ dispute by providing a contractor “who [was] willing and able to complete the work” and by “paying up to the replacement cost figures on the [contractor’s] estimates less the deductibles for each of the claims.” The policy’s appraisal provision provided, in pertinent part, that if the parties “fail to agree on the amount of loss, either may demand an appraisal of the loss.” Because the parties were unable to reach an agreement, the insurer demanded that they participate in the appraisal process set forth in the homeowners’ policy. In November 2019, the homeowners brought a two-claim complaint against the insurer. In one claim, the homeowners sought a declaratory judgment, and in the other, they sought damages for “breach of contract, bad faith, statutory violations.” Because, on appeal, the homeowners did not contest the grant of summary judgment on either their claim for declaratory judgment or their claim that the insurer violated certain statutes, the New Hampshire Supreme Court focused solely on their claims for breach of contract and breach of the implied covenant of good faith and fair dealing. Because the homeowners filed neither an objection to the insurer’s summary judgment motion nor a motion to reconsider the trial court’s order, the Supreme Court determined they failed to preserve their appellate arguments for review. Nonetheless, the Court reviewed their arguments for plain error, and finding no plain error, the Court affirmed. View "O'Malley-Joyce v. Travelers Home & Marine Insurance Co." on Justia Law

Defendant Juan Monegro-Diaz was charged with driving with a suspended license. The State appealed a circuit court order granting defendant’s motion to suppress evidence obtained as a result of a warrantless seizure of defendant and his vehicle. The State argued the circuit court erred by ruling that the seizure violated Part I, Article 19 of the New Hampshire Constitution and the Fourth and Fourteenth Amendments to the Federal Constitution. After review, the New Hampshire Supreme Court concluded that the circuit court properly ruled that the officer who stopped defendant’s vehicle lacked reasonable suspicion that defendant was driving with a suspended license. Accordingly, judgment was affirmed and the matter remanded for further proceedings. View "New Hampshire v. Monegro-Diaz" on Justia Law