Justia New Hampshire Supreme Court Opinion Summaries

Plaintiff Grand Summit Hotel Condominium Unit Owners’ Association (Association), filed claims against defendant L.B.O. Holding, Inc. d/b/a Attitash Mountain Resort (Attitash), arising from Attitash’s alleged failure to maintain a cooling tower at the Grand Summit Hotel and Conference Center (Condominium) in Bartlett. Attitash moved to dismiss the Association’s claims, arguing that they were barred by a provision, which required arbitration of certain disputes, in a management agreement between the parties. The trial court denied Attitash’s motion to dismiss, ruling that the Association’s claims fell outside of the scope of the provision. Finding no reversible error, the New Hampshire Supreme Court affirmed the trial court. View "Grand Summit Hotel Condominium Unit Owners' Association v. L.B.O. Holding, Inc.. d/b/a Attitash Mountain Resort" on Justia Law

Following an evidentiary hearing on the merits, petitioner Edward White appealed a trial court order denying his petition to be relieved of the obligation to register as a sex offender in New Hampshire. In January 1994, as a New Hampshire resident, petitioner became subject to lifetime registration as a sex offender for his Massachusetts convictions. Because of constitutional limitations, a Tier III offender, like petitioner, whose convictions pre-dated the establishment of the sex offender registry, may be subject to the registration requirement “only if he is promptly given an opportunity for either a court hearing, or an administrative hearing subject to judicial review, at which he is permitted to demonstrate that he no longer poses a risk sufficient to justify continued registration.” An assessment of petitioner was conducted, with findings that petitioner was then "a minimal risk to reoffend and therefore does not meet criteria for continued listing on the Sex Offender Registry." Following the evidentiary hearing, the trial court concluded that the petitioner failed to meet his burden of proof he was no longer a danger to the public and no longer posed a risk sufficient to justify continued registration. The New Hampshire Supreme Court determined the record submitted on appeal established an objective basis sufficient to sustain the trial court's denial of petitioner's petition, and therefore upheld its decision. View "White v. New Hampshire" on Justia Law

The State of New Hampshire appealed a superior court order denying a motion for a bench warrant filed by the New Hampshire Division of Administrative Services, Office of Cost Containment (OCC) to secure the appearance of defendant John Brawley, at a show cause hearing. Defendant was charged with two criminal offenses that were transferred to the Superior Court for a jury trial. Because defendant was indigent, the trial court appointed a public defender to represent him. At that time, the trial court issued an order defendant to reimburse the OCC for the costs and expenses associated with his public defense and directed him to contact the OCC, within 5 days of the court’s order, to verify his mailing address and to make payment arrangements. The trial court set bail at $50; defendant paid that and confirmed his address. OCC thereafter requested another hearing, alleging defendant made no other payments toward his obligation. Hearing was set, and defendant again failed to appear. The trial court denied OCC's motion for a second bench warrant, finding he was "unconditionally discharged" from the criminal case, and that it lacked jurisdiction to enforce its repayment order or require the defendant to show cause why he cannot, or should not, be required to reimburse the OCC for the costs associated with his public defense. The New Hampshire determined the trial court misinterpreted RSA 604-A:9, I-c, contradicting the plain meaning of the statute. "[A]n OCC obligation constitutes an 'assessment' under RSA RSA 604-A:2-f. We have ruled that RSA 604-A:9 applies to acquitted defendants who have received the benefit of appointed counsel at the State’s expense. It logically follows that the procedural protections set forth in RSA 604-A:2-f similarly apply to indigent defendants confronting a final hearing for nonpayment of the costs associated with the services of court-appointed counsel - regardless of the outcome of the underlying criminal matter." The trial court's rulings were reversed and the matter remanded for further proceedings. View "New Hampshire. v. Brawley" on Justia Law

The parties appealed and cross-appealed superior court rulings regarding claims of defendants, the direct or beneficial owners of real property on Great Island, to deeded or prescriptive easements to traverse a footpath (the Circle Trail) over the Great Island lot owned by plaintiff Dwight Stowell, Jr. Great Island was on Lake Sunapee and lay partially in Newbury and partially in Sunapee. Stowell’s lot was primarily in Newbury, although a small portion of it is in Sunapee. Some of the defendants had Great Island lots in Newbury (the Newbury defendants), while others have Great Island lots in Sunapee (the Sunapee defendants). Because Great Island had no public roads, footpaths were used to get from one place to another on the island. The Circle Trail went around the perimeter of the island. In ruling on pre-trial cross-motions for summary judgment, the trial court decided that the Newbury defendants have deeded easements to use the Circle Trail as it crosses the Newbury portion of Stowell’s lot. The court rejected the assertion that those easements were extinguished because the purpose for which they were created (to provide access to steamboats) became impossible to achieve once the steamboat wharves were destroyed in a 1938 hurricane. Furthermore, the trial court ruled that: (1) only those Newbury defendants who testified at trial have prescriptive easements to use the Circle Trail over the Sunapee portion of Stowell’s lot; (2) only the single Sunapee defendant who testified at trial has a prescriptive easement to use the Circle Trail over both the Newbury and Sunapee portions of Stowell’s lot; and (3) Stowell has the unilateral right to relocate the Newbury defendants’ deeded easements from the front to the back of his property. Stowell appealed the ruling that the Newbury defendant had deeded easements to use the Circle Trail that crossed his lot; the defendants challenged the other rulings. After review, the New Hampshire Supreme Court vacated the trial court’s rulings regarding defendants’ prescriptive easements and Stowell’s right to relocate the deeded easements, and remanded for further proceedings. View "Stowell v. Andrews" on Justia Law

Plaintiff The Marist Brothers of New Hampshire (MBNH) appealed several superior court orders: (1) a decision upholding the denial by defendant Town of Effingham (Town), of MBNH’s request for a charitable tax exemption, for tax year 2015, for real property; and (2) an order granting the Town’s motion in limine to exclude evidence of the tax treatment of New Hampshire youth camps other than the camp run by MBNH. When Camp Marist was not in session, MBNH rented the Property subject to this appeal: no restrictions were placed on who is eligible to rent, or how renters use, the Property. Rental proceeds were allocated to either the “regular Camp fund, the running of the Camp, or . . . to some of [MBNH’s] scholarships.” MBNH argues that the trial court erred in determining that it met none of the "ElderTrust" factors. After careful consideration, the New Hampshire Supreme Court concluded MBNH did satisfy all ElderTrust factors, reversing the trial court. View "The Marist Brothers of New Hampshire v. Town of Effingham" on Justia Law

Defendant Daniel Allain appealed a superior court order denying his request for pretrial confinement credit toward a suspended sentence imposed for violating a good behavior condition. Defendant was arrested on October 10, 2015 for a burglary that took place August 31, 2015. Unable to post bail, he remained incarcerated until trial. In February 2016, the State obtained eight indictments against him relating to burglaries and thefts that took place during the late summer of 2015, including the August 31 burglary. On July 8, 2016, the State moved to impose defendant’s 2011 suspended sentence because he violated the good behavior condition by committing the August 31 burglary. On August 15, 2016, the State entered a nolle prosequi on the charge involving the August 31, 2015 burglary. On appeal, defendant argued the trial court erred by denying him “presentence confinement credit beginning October 10, 2015.” He contended that had he posted bail on October 10, 2015, he would serve a total of three to six years of the 2011 sentence, but “[b]ecause he is indigent and the court denied credit, he will serve three years, 332 days to six years, 332 days.” Requiring him to serve more time because of his indigency, he argues, “involves precisely the discrimination” the presentence confinement credit statutes seek to prohibit. The New Hampshire Supreme Court concurred with defendant's argument and reversed the trial court's order's denying his request for pretrial confinement credit. The case was remanded for that court to grant pretrial credit toward defendant's sentence. View "New Hampshire v. Allain" on Justia Law

This appeal stemmed from respondent’s, the New Hampshire Division of State Police (Division), termination of petitioner State Trooper David Appleby, based on petitioner’s abandonment of his extra-duty detail escorting an oversized truck and his conduct in the subsequent investigations of that incident. Petitioner worked an extra-duty detail in which he was assigned to escort an oversized truck from Claremont to the Massachusetts border in Plaistow. The truck’s departure was delayed due to mechanical problems, and petitioner became concerned that he would not be able to complete the escort and also arrive on time for his regularly scheduled duties at Troop F, located in northern New Hampshire. After unsuccessfully seeking substitute coverage, petitioner escorted the truck to exit 7 on Route 101. In order to arrive on time for his regular duties, petitioner abandoned the detail before the truck reached the Massachusetts border. Petitioner appealed his termination to the New Hampshire Personnel Appeals Board (PAB), which reinstated him. The Division appealed, arguing that the PAB’s decision to reinstate petitioner was unjust and unreasonable because: (1) the standard set forth in RSA 21-I:58, I (2012) did not permit the PAB to substitute its judgment for that of the appointing authority; and (2) the PAB failed to consider the factors provided for in the applicable personnel rule and relied upon by the Division in reaching its termination decision, including the petitioner’s prior disciplinary history. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "Appeal of New Hampshire Division of State Police" on Justia Law

Plaintiff Rochester City Council appealed a superior court order affirming defendant City of Rochester Zoning Board of Adjustment’s grant of a variance to defendants Donald and Bonnie Toy. On appeal, the Council argued the trial court: (1) erred in affirming the ZBA’s decision to grant a variance to the Toys; and (2) unsustainably exercised its discretion in denying the plaintiff’s motions to expand the record. Finding no reversible error, the New Hampshire Supreme Court affirmed. View "Rochester City Council v. Rochester Zoning Board of Adjustment" on Justia Law

The Circuit Court transferred to the New Hampshire Supreme Court without ruling on a question of whether RSA 564-B:1-112 (Supp. 2017) (amended 2018), which addressed rules of construction for trusts, incorporated the pretermitted heir statute, RSA 551:10 (2007), as a rule of construction applicable to trusts. The Supreme Court accepted the transfer, and answered the question in the negative. View "In re Teresa E. Craig Living Trust" on Justia Law

Defendant Shawn Plantamuro appealed his convictions by jury on two counts of aggravated felonious sexual assault, one count of felonious sexual assault, and one count of felony indecent exposure and lewdness. In May 2016, defendant was convicted of sexually abusing the victim, who was born in 2007. At the time of the abuse, which occurred between 2012 and 2014, the victim and her mother lived in the same neighborhood as defendant. The victim would often go to defendant’s house to visit him and his mother. The victim testified that the assaults took place in defendant’s bedroom, which was, essentially, a porch converted into a bedroom. The victim testified that defendant showed her videos in which “[r]eal people” were “naked and . . . having sex”; she also testified that defendant told her that he was “going to do this to [her] one day.” According to the victim, defendant subsequently engaged in sexual activity with her and masturbated in front of her. She testified that this activity occurred on four occasions. On appeal, he argued that the Superior Court erred by: (1) excluding “evidence about the circumstances of” the victim’s disclosure of the assaults to her mother; and (2) prohibiting the defendant’s ex-wife from testifying that he “is sexually attracted to women, not to children.” Finding no reversible error, the New Hampshire Supreme Court affirmed. View "New Hampshire v. Plantamuro" on Justia Law