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| Severance v. Town of Epsom, No. 2005-868,
SUPREME COURT OF NEW HAMPSHIRE, May 1, 2007, Opinion Issued
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Overview: Trial court's findings that year-round residential use of property was permitted under town zoning ordinance and that conversion of seasonal camp to year-round use was not substantial change of nonconforming use were not error; ordinance did not distinguish between seasonal and year-round use and expansion of noncomforming use was not substantial.
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| State v. Pepin, No. 2006-458,
SUPREME COURT OF NEW HAMPSHIRE, May 1, 2007, Opinion Issued
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Overview: An officer's investigatory stop of defendant's vehicle because the officer heard defendant squeal his tires violated N.H. Const. pt. I, art. 19 because this, alone, did not indicate that defendant may have violated the road racing statute, RSA 265:75(I) (2004), nor was there any evidence that defendant was driving under the influence.
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| Thomas v. Tel. Publ'g Co., No. 2005-751,
SUPREME COURT OF NEW HAMPSHIRE, May 1, 2007, Opinion Issued
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Overview: Summary judgment on the issue of a suspect being a libel-proof plaintiff was reversed because the publicity surrounding the crimes and the attendant level of notoriety were not high. The court's ruling on the issue of a qualified privilege to police officers was vacated because the court applied an incorrect formulation of the privilege inquiry.
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| ACAS Acquisitions (Precitech), Inc. v. Hobert, No. 2006-224,
SUPREME COURT OF NEW HAMPSHIRE, May 3, 2007, Opinion Issued
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Overview: Trial court did not err in finding former employee violated his non-competition and non-disclosure agreements with the former employer; evidence supported the trial court's conclusions that the former employer and the new employer were competitors, and not all information he supplied to new employer was readily ascertainable from public sources.
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| Czumak v. N.H. Div. of Developmental Servs., No. 2006-092,
SUPREME COURT OF NEW HAMPSHIRE, May 3, 2007, Opinion Issued
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Overview: Where the New Hampshire Division of Developmental Services (DDS) stipulated with guardians to pay increased rates for their ward's care at an out-of-state facility only to the extent it could reasonable acquire additional funding, and it unsuccessfully sought such funding in good faith, court erred in ordering DDS to pay arrearages to facility.
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| Mahmoud v. Irving Oil Corp., No. 2006-644,
SUPREME COURT OF NEW HAMPSHIRE, May 3, 2007, Opinion Issued
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Overview: Plaintiff's brief was stricken and his appeal was dismissed because plaintiff's brief did not include any statement of questions presented or any specific references to any portion of the record where the issues on appeal were raised and preserved, and plaintiff failed to comply with N.H. Sup. Ct. R. 16(3)(b).
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| State v. Balukas, No. 2006-107,
SUPREME COURT OF NEW HAMPSHIRE, May 3, 2007, Opinion Issued
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Overview: As defendant had been convicted of violating a protective order issued under RSA 169-C, and a month later was twice convicted of violating that same protective order, he could properly be charged with two class B felonies under RSA 169-C:21-a(IV)(c) for his subsequent violations.
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| State v. Brum, No. 2006-086,
SUPREME COURT OF NEW HAMPSHIRE, May 10, 2007, Opinion Issued
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Overview: Trial court acted within its discretion in precluding defendant from cross-examining victim about prior incident report made to police allegedly for purpose of commencing unwarranted criminal investigation without probable cause as trial court could have found that whether charges were filed was not probative of victim's character for truthfulness.
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| State v. Craveiro, No. 2006-386,
SUPREME COURT OF NEW HAMPSHIRE, May 10, 2007, Opinion Issued
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Overview: Suppression was warranted as motor vehicle stop was not justified under community caretaking exception to warrant requirement; although defendant drove through flood waters, police chief made no effort to warn drivers or stop defendant until he recognized defendant, who he knew had previously been convicted of driving under suspension, as driver.
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| State v. Gagnon, No. 2006-373,
SUPREME COURT OF NEW HAMPSHIRE, May 10, 2007, Opinion Issued
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Overview: Because the trial court did not identify, on the record or in its orders, the budget as the source to which it was referring, the appellate court was unable to conclude that the trial court sustainably exercised its discretion in taking judicial notice that the paved surface around the fire station was a "way" pursuant to RSA 259:125(I).
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