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| D'Amour v. Amica Mut. Ins. Co., No. 2005-187,
SUPREME COURT OF NEW HAMPSHIRE, January 18, 2006, Opinion Issued
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Overview: Trial court properly granted summary judgment to an insurer in a declaratory judgment action, as an injured party was not entitled to medical payments coverage under an insurance policy, as the injured party was not occupying her vehicle when she fell on ice outside her car.
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| In re Sculley, No. 2005-274,
SUPREME COURT OF NEW HAMPSHIRE, January 18, 2006, Opinion Issued
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Overview: Pursuant to N.H. Rev. Stat. Ann. § 464-A:3, probate court had exclusive jurisdiction with respect to issues concerning parents' adult disabled daughter, while superior court lacked jurisdiction to issue orders as they pertained to visitation with daughter.
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| Porter v. Town of Sandwich, No. 2005-244,
SUPREME COURT OF NEW HAMPSHIRE, January 18, 2006, Opinion Issued
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Overview: Property owners seeking a tax abatement were not required to follow the statutorily prescribed abatement procedure of N.H. Rev. Stat. Ann. § 76:17 to confer jurisdiction on superior court, where the issues of law that owners raised posed threshold questions as to the legality of the assessment, not issues of proportionality or inability to pay.
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| State v. City of Dover, No. 2005-552,
SUPREME COURT OF NEW HAMPSHIRE, January 18, 2006, Opinion Issued
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Overview: Trial court's judgment that cities' lawsuits against certain manufacturers, suppliers, and distributors of gasoline additive MTBE for polluting waters had to yield to lawsuit filed by the State against those defendants was affirmed, as State had parens patriae standing and that doctrine dictated that cities' lawsuits yield to the State's lawsuit.
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| Colla v. Town of Hanover, No. 2005-217,
SUPREME COURT OF NEW HAMPSHIRE, January 27, 2006, Opinion Issued
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Overview: Where homeowners' motion for reconsideration (MR) directly stated grounds for reconsideration of zoning board of adjustment's denial of area variance, it satisfied N.H. Rev. Stat. Ann. § 677:3; since finding that appeal did not satisfy N.H. Rev. Stat. Ann. § 677:4 was based entirely on allegedly deficient MR, appeal was improperly dismissed.
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| In re Jeffrey G., No. 2004-738,
SUPREME COURT OF NEW HAMPSHIRE, January 27, 2006, Opinion Issued
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Overview: In divorce case, neither parent was found to be unfit; thus, custody of children would be determined under former N.H. Rev. Stat. Ann. § 458:17. However, paternal aunt was not a potential custodial recipient named in § 458:17 (VI); thus, trial court did not have authority to grant custody to her, and custody order was reversed.
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| Ryan James Realty, LLC v. Villages at Chester Condo. Ass'n, No. 2004-689,
SUPREME COURT OF NEW HAMPSHIRE, January 27, 2006, Opinion Issued
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Overview: As N.H. Rev. Stat. Ann. § 676:16 provided that the penalty for failure to obtain subdivision approval was a civil fine or an injunction, a declarant's failure to obtain subdivision approval before creating an expandable condominium did not affect plaintiff's title to land it acquired after a mortgage foreclosure.
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| Therrien v. Sullivan, No. 2005-290,
SUPREME COURT OF NEW HAMPSHIRE, January 27, 2006, Opinion Issued
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Overview: As long as a valid criminal conviction was in place, a legal malpractice action based on ineffective assistance resulting in that conviction could not withstand a motion to dismiss. Thus, such an action did not accrue under N.H. Rev. Stat. Ann. § 508:4 until a defendant received postconviction relief.
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