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| ATV Watch v. N.H. Dep't of Res. & Econ. Dev., No. 2006-020,
SUPREME COURT OF NEW HAMPSHIRE, May 11, 2007, Opinion Issued
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Overview: A trial court erred by dismissing, as moot, the remainder of an organization's Right-to-Know Law, RSA 91-A and RSA 215-A, petition requesting all terrain vehicle trail information as the trial court was required to determine if the state agency's conduct in withholding documents was unlawful despite the ultimate release of the documents.
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| Appeal of Nashua (N.H. Bd. of Tax & Land Appeals), No. 2006-631,
SUPREME COURT OF NEW HAMPSHIRE, May 11, 2007, Opinion Issued
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Overview: Determination granting religious tax exemption for property was error because the premises at issue, although once used as churches, were currently being used only as storage facilities and thus were not being used and occupied directly for religious purposes pursuant to RSA 72:23.
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| E. Derry Fire Precinct v. Nadeau, No. 2005-855,
SUPREME COURT OF NEW HAMPSHIRE, May 11, 2007, Opinion Issued
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Overview: Court's order rescinding an employment separation agreement was supported by evidence of fraud, including a plan by former employee and a fire commissioner to engineer higher severance pay for the employee and the commissioners ruse to conceal from another commissioner the real reason for a meeting at which the separation agreement was executed.
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| Cui v. Chief, Barrington Police Dep't, No. 2006-430,
SUPREME COURT OF NEW HAMPSHIRE, May 15, 2007, Opinion Issued
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Overview: Because the Dog Control Law, RSA 466:30-a (Supp. 2006) did not impose liability upon a town to prevent a stray dog from wandering onto a homeowner's property and chewing on his dwelling, the district court erred as a matter of law in finding the town liable to the homeowner.
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| J.G.M.C.J. Corp. v. C.L.A.S.S., Inc., No. 2006-558,
SUPREME COURT OF NEW HAMPSHIRE, May 15, 2007, Opinion Issued
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Overview: Charity, its board of directors, and lessee's board of directors were entitled to summary judgment in lessor's breach of contract action because charity was not liable on a lease between lessee and lessor when there was no de facto merger between charity and the lessee and RSA 506:1, 2 barred the claim when charity was not a party to written lease.
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| Nault v. Tirado, No. 2006-548,
SUPREME COURT OF NEW HAMPSHIRE, May 15, 2007, Opinion Issued
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Overview: Defendant adequately rebutted any presumption that service had been made at her last and usual place of abode in Exeter, New Hampshire, where defendant established that she did not reside at in Exeter at the time of the attempted service. RSA 510:2 required abode service to be made defendant's present place of residence.
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| Residents Defending Their Homes v. Lone Pine Hunters' Club, Inc., No. 2006-143,
SUPREME COURT OF NEW HAMPSHIRE, May 25, 2007, Opinion Issued
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Overview: Trial court's judgment finding RSA ch. 159-B unconstitutional was vacated, as town planning board lacked jurisdiction over club's site plan application; even though club's shooting range had been in operation for many years, the operation for those many years was illegal and, thus, subsequently-enacted statute could not make it legal.
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| State v. Hunt, No. 2005-938,
SUPREME COURT OF NEW HAMPSHIRE, May 25, 2007, Opinion Issued
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Overview: Sobriety checkpoints did not violate N.H. Const. pt. I, art. 19, because, inter alia, the police department's distribution of a press release to many press agencies in the state, despite being made only one day before checkpoints and despite fact only medial outlet printed it, was sufficient to provide public with advance notice of the checkpoints.
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| State v. Lavoie, No. 2006-036,
SUPREME COURT OF NEW HAMPSHIRE, May 25, 2007, Opinion Issued
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Overview: Superior court utilized the proper criteria in ordering defendant's involuntary commitment for 90 days under RSA 135:17-a(V) although it did not specifically apply the definition of the term "dangerous" as found in RSA 135-C:27(II), the involuntary emergency admission (IEA) statute.
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