Justia New Hampshire Supreme Court Opinion Summaries

Plaintiff Riverbend Condo Association appealed a superior court order dismissing its complaint against defendant Groundhog Landscaping and Property Maintenance, Inc., on res judicata grounds. In 2017, plaintiff brought a breach of contract action against defendant. Neither party appeared at the scheduled trial management conference set by the superior court. The superior court thus canceled trial and dismissed the case. Plaintiff filed a "motion to reopen," asking the court to reopen the matter and reschedule the trial management conference. The superior court denied the motion, stating that plaintiff's pleading constituted an untimely motion to reconsider. Plaintiff thereafter brought a second action, alleging among other things, breach of contact. Defendant moved to dismiss, arguing that the action was barred by res judicata. The trial court ultimately granted defendant's motion. On appeal, plaintiff contended its complaint was not barred by the trial court’s dismissal of its first action against defendant, as that dismissal was not a final judgment on the merits. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "Riverbend Condo Association v. Groundhog Landscaping & Property Maintenance, Inc." on Justia Law

Eighteen petitioners appealed a New Hampshire Board of Tax and Land Appeals (BTLA) decision to dismiss their respective appeals of denials of applications for abatements of real estate taxes issued by respondent Town of Bartlett. he BTLA dismissed the appeals because the petitioners’ abatement applications failed to comply with the signature and certification requirement of New Hampshire Administrative Rules, Tax 203.02, and because the BTLA found that the petitioners did not demonstrate that these failures were “due to reasonable cause and not willful neglect.” There was no dispute in this case that petitioners did not personally sign or certify their abatement applications. Instead, petitioners contested the BTLA’s ruling that they did not demonstrate that the lack of signatures and certifications was due to reasonable cause and not willful neglect. "Although the question of whether reasonable cause or willful neglect exists in a particular case is one of fact for the BTLA, the questions of what elements constitute reasonable cause or willful neglect under Tax 203.02 are ones of law." Because the BTLA did not have the benefit of the construction of Tax 203.02(d) that the New Hampshire announced in its opinion of this case, BTLA's decisions were vacated, and each matter remanded for further consideration. View "Appeal of Keith R. Mader 2000 Revocable Trust et al." on Justia Law

Plaintiffs Union Leader Corporation and American Civil Liberties Union of New Hampshire (ACLU-NH), appealed a superior court order denying their petition for the release of “complete, unredacted copies” of: (1) “the 120-page audit report of the Salem Police Department . . . dated October 12, 2018 focusing on internal affairs complaint investigations”; (2) “the 15-page addendum focused on the [Salem Police] Department’s culture”; and (3) “the 42-page audit report of the [Salem Police] Department dated September 19, 2018 focusing on time and attendance practices” (collectively referred to as the “Audit Report”). The trial court upheld many of the redactions made to the Audit Report by defendant Town of Salem (Town), concluding that they were required by the “internal personnel practices” exemption to the Right-to-Know Law, RSA chapter 91-A, as interpreted in Union Leader Corp. v. Fenniman, 136 N.H. 624 (1993), and its progeny. In a separate opinion, the New Hampshire Supreme Court overruled Fenniman to the extent that it broadly interpreted the “internal personnel practices” exemption and overruled our prior decisions to the extent that they relied on that broad interpretation. Here, the Court overruled Fenniman to the extent that it decided that records related to “internal personnel practices” were categorically exempt from disclosure under the Right-to-Know Law instead of being subject to a balancing test to determine whether such materials are exempt from disclosure. The Court overruled prior decisions to the extent that they applied the per se rule established in Fenniman. The Court vacated the trial court’s order and remanded for further proceedings in light of these changes. View "Union Leader Corporation v. Town of Salem" on Justia Law

Plaintiff Seacoast Newspapers, Inc. appealed a superior court order denying its petition to disclose an arbitration decision concerning the termination of a police officer by defendant City of Portsmouth. Seacoast primarily argued that the New Hampshire Supreme Court previously misconstrued the “internal personnel practices” exemption of our Right-to-Know Law. See RSA 91-A:5, IV (2013). In this opinion, the Court took the opportunity to redefine what falls under the “internal personnel practices” exemption, overruling its prior interpretation set forth in Union Leader Corp. v. Fenniman, 136 N.H. 624 (1993). The Court concluded that only a narrow set of governmental records, namely those pertaining to an agency’s internal rules and practices governing operations and employee relations, fell within that exemption. Accordingly, the Court held the arbitration decision at issue here did not fall under the “internal personnel practices” exemption, vacated the trial court’s order, and remanded for the trial court’s consideration of whether, or to what extent, the arbitration decision was exempt from disclosure because it is a “personnel . . . file[ ].” View "Seacoast Newspapers, Inc. v. City of Portsmouth" on Justia Law

Plaintiffs Balzotti Global Group, LLC (the Global Group) and Caesar Balzotti, Sr., appealed a superior court order dismissing their claims against defendants Shepherds Hill Proponents, LLC (Proponents), Shepherds Hill Development Company, LLC (Development Company), Shepherds Hill Homeowners Association, Inc. (Association), Ralph Caruso, and Ernest J. Thibeault, III, on the ground that their claims were time-barred. At some point before 1999, the Development Company obtained approval to construct 400 condominium units. After work had begun on the project, the real estate market collapsed, and the Development Company filed for bankruptcy. Balzotti, Caruso, and Thibeault proposed to reorganize the Development Company so that the project could be completed and creditors could be paid. Their proposal included creating the Proponents, a limited liability company in which Caruso, Thibeault and Balzotti would have an interest. The bankruptcy court accepted the proposal as the reorganization plan in 2000. In 2003, the Development Company established the Shepherds Hill Condominium by recording a declaration of condominium with the county registry of deeds. The Development Company amended the declaration, setting a deadline for the conversion of Units located within the "convertible land." Between February 26, 2003, and July 6, 2009, the Development Company periodically exercised its right to build new condominium units on convertible land. However, by July 6, 2009, only 274 out of the possible 400 units had been constructed. Balzotti opened an involuntary bankruptcy proceeding on Development Company, the Proponents, and Thibeault when they missed payments on a promissory note issued as part of the original bankruptcy plan. By 2011, pursuant to the original condominium declaration, the Association was governed by a board elected by the condominium unit owners. The Development Company unsuccessfully attempted to amend the condominium declaration to obtain rights to develop the remaining land and unfinished units remaining prior to the association taking control. By 2018, plaintiffs sued the Development Company, Proponents, Caruso and Thibeault, asserting a number of claims arising out of the Development Company's loss of the Development Right. Defendants successfully argued plaintiffs' claims were time-barred because they were brought more than three years after the Development Right was lost. The New Hampshire Supreme Court concluded the trial court did not err in concluding plaintiffs' claims were time barred. View "Balzotti Global Group, LLC v. Shepherds Hill Proponents, LLC" on Justia Law

Plaintiff Edward Favart appealed a superior court order ruling that land owned by defendants Steven and Kevin Ouellette, benefitted from an implied easement over plaintiff’s land along a fifteen-foot wide access road to the “beach area” of Sip Pond depicted on a 1992 subdivision plan. The court further ruled that installation and use of a dock was a reasonable use of the easement. We affirm in part, reverse in part, and remand.The New Hampshire Supreme Court concluded that the superior court erred in relying upon “the evidence of the existence and use of prior docks in the area.” Plaintiff argued there was no evidence that a dock had ever been installed on the beach area of Lot 8, and thus defendants' dock was not within the scope of the implied easement. To this, the Supreme Court agreed, and reversed that part of the trial court judgment. The Supreme Court affirmed in all other respects. View "Favart v. Ouellette" on Justia Law

Petitioner New Hampshire Department of Environmental Services (DES) appealed a decision by the New Hampshire Wetlands Council remanding an administrative order issued by DES that directed respondents Bryan and Linda Corr to cease and desist unpermitted work on their lakefront property. The Corrs owned property in Moultonborough located on the shore of Lake Winnipesaukee. When they purchased the property, it contained a dry boathouse, positioned approximately two feet from the shore, which was partially collapsed as a result of snow load. The boathouse was considered a “grandfathered” or nonconforming structure for purposes of the Shoreland Protection Act. The Corrs made plans to replace the boathouse. They hired a land use consultant to assist them with the process, which required approvals from the Town of Moultonborough, as well as DES. After obtaining the building permit from the Town and the PBN from DES, the Corrs commenced construction. They spent over $100,000 on the permitted structure. When the structure was framed and nearing completion, DES visited the site to conduct an inspection, purportedly in response to a complaint the department had received. Subsequently, DES issued a Letter of Deficiency to the Corrs informing them that the structure was 27 feet tall, and therefore not compliant with DES regulations. The Corrs appealed DES’ administrative order to the Council. In their appeal, the Corrs raised four alternative arguments as to how DES had acted unlawfully and unreasonably in issuing its order. The New Hampshire Supreme Court agreed with the Corrs that DES did not have the authority to limit the height of their structure. The COurt affirmed the Council's decision to the extent that it concluded that a 12-foot height restriction did not apply to the Corrs’ structure. However, the Court vacated all other aspects of the Council’s decision, remanding with instructions to grant the Corrs’ appeal and to vacate DES’ administrative order, which relied solely on the alleged height violation. In light of the result reached, the Court did not address any additional arguments raised by the parties. View "Appeal of New Hampshire Department of Environmental Services" on Justia Law

Plaintiff John O’Donnell appealed a superior court order granting summary judgment to defendant Allstate Indemnity Company. Following a November 2015 motor vehicle accident, O’Donnell filed an underinsured motorist claim under a personal umbrella insurance policy that he had purchased from Allstate. Allstate denied the claim. O’Donnell then filed this declaratory judgment action to determine whether his policy provided uninsured motorist coverage. The trial court concluded that O’Donnell’s policy did not provide uninsured motorist coverage, finding that a written waiver of uninsured motorist coverage that O’Donnell had executed in September 2011 remained in effect at the time of the accident. Finding no reversible error in that judgment, the New Hampshire Supreme Court affirmed. View "O'Donnell v. Allstate Indemnity Company" on Justia Law

The United States District Court for the District of New Hampshire certified questions of law to the New Hampshire Supreme Court. Plaintiffs Caroline Casey, Maggie Flaherty, and the New Hampshire Democratic Party filed suit over voting eligibility. Casey and Flaherty were Dartmouth College students who wished to vote in New Hampshire while attending college, but who did not intend to remain in New Hampshire after graduation. Both had driver’s licenses issued by states other than New Hampshire. In 2018, both registered to vote in New Hampshire. Neither Casey nor Flaherty owned a motor vehicle. The Supreme Court held: (1) the definitions of "resident" and "residence" were effectively the same as "domicile" such that one with a New Hampshire "domicile" was necessarily a New Hampshire "resident;" (2) a student who claims a New Hampshire domicile was a New Hampshire resident; (4) an individual who claims a New Hampshire domicile necessarily establishes a "bona fide residency;" and (5) given the definition of non-resident in RSA 259:67, I for the Motor Vehicle Code, college students who resided in New Hampshire for more than six months in any year were required to obtain New Hampshire drivers’ licenses by RSA 263:1 if they wished to drive in the state and were required by RSA 261:40 to register in New Hampshire any vehicles they kept in the state. The Supreme Court declined to answer the federal district court's question (3), because the answer to that question was not “determinative of the cause then pending in the certifying court.” View "Casey v. New Hampshire Secretary of State" on Justia Law

Defendant Miguel Perez was convicted by jury on two counts of possessing a controlled drug with the intent to distribute, subsequent offense. On appeal, he argued the Superior Court erred in denying his motion to suppress evidence seized pursuant to a search of his rental car following a motor vehicle stop. Prior to the stop at issue, officers observed defendant driving a rented car with Colorado license plates, tailgating a tractor trailer. Defendant twice failed to properly signal as he changed lanes to pass the truck. The officer observed multiple cell phones in the passenger seat, and smelled the odor of fresh or burnt marijuana emanate from the passenger compartment. After checking defendant's ID, the officer learned defendant was on parole for murder and there were no active warrants for his arrest. Defendant consented to a search of his vehicle; the officer noted defendant was being "overly cooperative." From this search, the officer discovered two small plastic bags containing drugs. Defendant argued in his motion to suppress evidence that the officer did not have a reasonable, articulable suspicion to expand the scope of the initial stop, his questioning impermissibly prolonged the detention and changed its fundamental nature., and the subsequent consent to search the vehicle was “tainted” by this unconstitutional detention. After review of the trial court record, the New Hampshire Supreme Court disagreed with defendant's contentions and affirmed conviction. View "New Hampshire v. Perez" on Justia Law