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| Appeal of Hardy (N.H. DOL), No. 2005-529,
SUPREME COURT OF NEW HAMPSHIRE, February 21, 2007, Opinion Issued
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Overview: Cross-appeal filed by state fair association was dismissed because association failed to file motion for rehearing after Department of Labor issued new decision on merits of whistleblower claim with different analysis. Ordering reimbursement of attorney's fees and expenses was appropriate exercise of injunctive relief authority under RSA ch. 275-E.
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| Appeal of Pinkerton Acad. (N.H. Pub. Emple. Labor Rel. Bd.), No. 2005-627,
SUPREME COURT OF NEW HAMPSHIRE, February 21, 2007, Opinion Issued
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Overview: A school that contracted with school districts to educate students was not a political subdivision of the state under 29 U.S.C.S. § 152. It had not been created so as to constitute an administrative arm of the state; its administrators were not responsible to public officials; and its employees did not participate in the state retirement system.
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| Chase v. Ameriquest Mortg. Co., No. 2006-236,
SUPREME COURT OF NEW HAMPSHIRE, February 21, 2007, Opinion Issued
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Overview: A mortgage satisfying a prior mortgage was no charge on a homestead according to law, under RSA 480:4(III) (2001), as it was not created with required formalities, as the mortgagor's ex-husband forged her signature on it, and it was not made at purchase. The mortgagee was entitled to equitable subrogation for its satisfaction of the prior mortgage.
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| In re Chamberlin, No. 2005-808,
SUPREME COURT OF NEW HAMPSHIRE, February 21, 2007, Opinion Issued
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Overview: An irrevocable charitable trust's corpus was not marital property, under RSA 458:16-a(I) (2004), but interest from the trust was marital property subject to equitable division, under RSA 458:16-a(II) (2004), but a divorcing husband's unrealized right to receive that interest was of negligible monetary value, given his advanced age and poor health.
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| Blagbrough Family Realty Trust v. A & T Forest Prods., No. 2005-669,
SUPREME COURT OF NEW HAMPSHIRE, February 28, 2007, Opinion Issued
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Overview: A trial court ruling that plaintiff had acquired a portion of a lot by adverse possession was reversed since plaintiff's occasional use of the property, in the nature of walking through it, cutting the grass, using the parcel to obtain Christmas trees, and tearing down a boathouse once, was insufficient to establish title by adverse possession.
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| In re Mannion, No. 2006-038,
SUPREME COURT OF NEW HAMPSHIRE, March 6, 2007, Opinion Issued
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Overview: A court was not required to award a former wife sole decision-making power because of a prior court's finding that her former husband had assaulted her. The court properly awarded the husband sole decision-making power because it found no abuse had occurred; RSA 461-A:5 was not triggered by finding of another court that abuse had occurred.
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| N.H. Dep't of Envtl. Servs. v. Mottolo, No. 2006-363,
SUPREME COURT OF NEW HAMPSHIRE, March 6, 2007, Opinion Issued
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Overview: In a case in which New Hampshire Department of Environmental Services sought to require property owner to obtain a groundwater management permit, trial court granted permanent injunction without complying with N.H. Super. Ct. R. 161(b), where trial court consolidated merits hearing with temporary hearing without giving notice to owner.
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| State v. Hammell, No. 2005-528,
SUPREME COURT OF NEW HAMPSHIRE, March 6, 2007, Opinion Issued
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Overview: In a prosecution for operating a vehicle by a habitual offender, as the State did not establish how information in defendant's criminal records about his scars and tattoos was gathered, the evidence was not admissible as a public record under N.H. R. Evid. 803(8) to identify defendant as the same person who had been certified a habitual offender.
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| Coddington's Case, No. LD-2005-009,
SUPREME COURT OF NEW HAMPSHIRE, March 8, 2007, Opinion Issued
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Overview: Attorney failed to safeguard his client's funds, to maintain proper records, and to cooperate with disciplinary investigation, in violation of N.H. Sup. Ct. R. 50(2)(A), (F) and N.H. R. Prof. Conduct 1.15(a)(1) and (2); 8.1(b); and 8.4(a). As actual loss to clients was negligible and he had no dishonest motive, he was suspended for two years.
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