Justia New Hampshire Supreme Court Opinion Summaries

Defendants GMPM Company and 479 Maple Street, LLC, appealed a circuit court order granting the petition for wrongful eviction filed by plaintiff Melissa Natal. On appeal, defendants argued the circuit court erred by determining that its property was not a “shared facility” as defined by RSA 540-B:1 (2021). Specifically, defendants argued RSA 540-B:1 did not require that an owner occupy the premises, but, rather, only that an owner have access to the common areas for the purposes of cleaning, maintaining, and monitoring the premises. The New Hampshire Supreme Court concluded that, for property to qualify as a shared facility under RSA 540-B:1, the owner had to reside at the premises with the occupants. Accordingly, judgment was affirmed. View "Natal v. GMPM Company & al." on Justia Law

Plaintiff Janet Bisceglia appealed a superior court order granting summary judgment to defendants' the New Hampshire Secretary of State and the New Hampshire Department of Natural and Cultural Resources (collectively the State). The court ruled that the State was immune from liability for plaintiff’s negligence claim under New Hampshire’s recreational use statute. Plaintiff and her family visited a historic lighthouse situated on land in New Castle, which was owned by the United States. That federal land was adjacent to Fort Constitution, which was owned and operated by the State. While plaintiff was standing on the federal land next to the outer wall of Fort Constitution, a portion of the wall fell on top of her, causing her substantial injuries. The trial court determined that because the State “held Fort Constitution out to the public at no charge” and the wall “was maintained as part of the historic site for the use and enjoyment of the public,” RSA 508:14, I, shielded the State from liability, “regardless of whether Plaintiff was physically on [the State’s] property at the time of the injury.” The court denied the plaintiff’s motion for reconsideration. The New Hampshire Supreme Court reversed, finding it was undisputed that plaintiff did not use the State’s land; the trial court erred in granting the State’s motion for summary judgment based on RSA 508:14, I. View "Bisceglia v. New Hampshire Secretary of State & al." on Justia Law

Defendant Javon Brown was convicted by jury of misdemeanor domestic violence, for which he was sentenced to twelve months in the house of corrections and fined. Defendant appealed his conviction, arguing that the trial court erred by ruling that evidence of a phone call was admissible when the call was not authenticated as required by New Hampshire Rule of Evidence 901. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "New Hampshire v. Brown" on Justia Law

Defendant Justin Parr appealed his conviction following a superior court bench trial on one count of being a felon in possession of a firearm. Defendant argued the superior court erred in denying his motion to dismiss his felon in possession of a firearm indictment because, in his view, RSA 159:3, I(a) did not prohibit felons from possessing antique pistols and revolvers. Defendant also argued that several provisions of RSA chapter 159 were unconstitutionally vague in violation of the State and Federal Constitutions. After review, the New Hampshire Supreme Court concluded the term “other firearm” in RSA 159:3, I(a) applied to any weapon from which a shot could be discharged by gunpowder, including antique firearms. The Court further concluded RSA 159:3, I(a) was not unconstitutionally vague as applied to felons in possession of antique firearms. Accordingly, judgment was affirmed. View "New Hampshire v. Parr" on Justia Law

Petitioner Dianna Rudder appealed a superior court order upholding the administrative suspension of her driver’s license by the New Hampshire Division of Motor Vehicles (DMV). Petitioner’s suspension was upheld on grounds that she was “in actual physical control of a vehicle upon the ways of this state” while intoxicated. She argued the trial court should have overturned the suspension of her license because the hearing examiner erred when he applied the definition of “way” contained in RSA 259:125, II (2014). Petitioner was sitting in her vehicle, parked with the engine running in a private church parking lot. A police officer observed petitioner exit the vehicle, retrieve a bottle of alcohol from the trunk, and return to the driver’s seat. The officer approached petitioner, who informed him that she was sober when she arrived at the church and that, before leaving, she intended to wait until she was sober or call for a ride. The officer administered a field sobriety test, which petitioner failed. The officer arrested the petitioner for driving under the influence. On appeal, petitioner argued that the officer did not have reasonable grounds to believe petitioner was in control of a vehicle “upon the ways of this state:” the church parking lot where she was arrested was not a “way” within the meaning of the statute. To this the New Hampshire Supreme Court agreed and reversed judgment. View "Rudder v. Director, New Hampshire Div. of Motor Vehicles" on Justia Law

Defendant Roger Dana was convicted by jury of first degree murder, for which he received a sentence of life without the possibility of parole. Defendant appealed, arguing that the trial court erred by admitting hearsay evidence, and by failing to give the false-exculpatory-statement jury instruction that the defendant requested. Finding no reversible error, the New Hampshire Supreme Court affirmed defendant's conviction and sentence. View "New Hampshire v. Dana" on Justia Law

Plaintiff B&C Management (B&C) appealed a superior court order ruling that 911 audio recordings were exempt from disclosure under the New Hampshire Right-to-Know Law, and denying its request for equitable discovery of a 911 audio recording in the possession of defendant New Hampshire Division of Emergency Services and Communications (the Division). On June 16, 2019, a 911 call was placed to the Division, reporting that a guest was injured in a trip-and-fall incident at B&C’s Fireside Inn in Nashua. Subsequently, the guest’s attorney sent a letter to B&C indicating an intent to investigate the fall. This letter did not demand a sum for settlement, and the guest had not filed a lawsuit. B&C submitted a request to the Division under the Right-to-Know Law for the audio recording of the 911 call. The Division denied this request. Then, B&C filed an action in the superior court seeking to compel the release of the 911 audio recording pursuant to the Right-to-Know Law, or, in the alternative, pursuant to the court’s equitable powers. After a hearing on the merits, the trial court denied B&C’s requests. The New Hampshire Supreme Court concluded B&C did not demonstrate the trial court erred by ruling that it was not entitled to the 911 recording under the Right-to-Know Law. Further, the Supreme Court concurred with the trial court that B&C failed to show why the trial court should have granted its request for equitable discovery. Accordingly, judgment was affirmed. View "B&C Management v. New Hampshire Division of Emergency Services" on Justia Law

Respondent Kelly Routhier (wife) appealed a circuit court's final decree in her divorce from petitioner Matthew Routhier (husband). Wife argued the circuit court erred by: (1) concluding that it lacked jurisdiction to divide the husband’s interest in real property that he owned jointly with his parents; (2) deviating from the child support guidelines without providing adequate justification; (3) denying her request for alimony without providing adequate justification; and (4) declining to rule on her proposed findings of fact and rulings of law. Husband cross-appealed the final divorce decree as well as the circuit court’s final parenting plan, arguing the circuit court erred by: (1) ordering the parties’ child to attend public school in the district serving the wife’s residence; (2) improperly distributing the parties’ firearms; (3) preventing one of his witnesses from testifying at the final hearing; and (4) barring the court-appointed guardian ad litem from attending part of the final hearing. The New Hampshire Supreme Court determined the circuit court's written findings were insufficient to justify its downward deviation from the child support guidelines, and with regard to its alimony decision. Judgment was reversed in part and the matter remanded for further proceedings. The Court affirmed the circuit court in all other respects. View "In the Matter of Matthew & Kelly Routhier" on Justia Law

The issue this case presented for the New Hampshire Supreme Court arose from the New Hampshire Division of State Police's decision to terminate State Trooper Thomas Owens after an internal investigation. The Trooper appealed his termination to the New Hampshire Personnel Appeals Board (PAB), which reinstated him. The Division appealed, arguing that the PAB’s reinstatement of the Trooper was unjust and unreasonable because he was no longer qualified to be a state trooper. It also argued that the PAB erred as a matter of law when it reinstated the employee in contravention of public policy. Finding no reversible error, the Supreme Court affirmed the PAB. View "Appeal of New Hampshire Division of State Police" on Justia Law

Plaintiff Keene School District appealed a superior court decision denying the School District’s petition to modify, correct or vacate an arbitrator’s award. The arbitration arose from grievances lodged by two teachers claiming that the School District’s 120-day delay in paying early retirement benefits violated the collective bargaining agreement (CBA) between the School District and the defendant, Keene Education Association (Association). The arbitrator concluded that the School District’s delay violated the CBA. Finding no reversible error, the New Hampshire Supreme Court affirmed the superior court. View "Keene School District v. Keene Education Association, NEA-NH" on Justia Law