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| Anderson v. Motorsports Holdings, LLC, No. 2006-008,
SUPREME COURT OF NEW HAMPSHIRE, May 30, 2007, Opinion Issued
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Overview: Trial court properly granted summary judgment to residents of a town declaring that a property owner was required to obtain a special use permit pursuant to a town's wetlands conservation ordinance, as the ordinance did not eliminate the requirement to obtain a permit when provisions from state or federal regulations were more stringent.
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| Cantwell v. J & R Props. Unlimited, Inc., No. 2006-382,
SUPREME COURT OF NEW HAMPSHIRE, May 30, 2007, Opinion Issued
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Overview: Trial court erred in dismissing a tenant's class claims against his former landlord due to his failure to produce evidence to support his class allegations under N.H. Super. Ct. R. 27-A, because it improperly denied the tenant's motion to compel the discovery that would have enabled him to produce this evidence.
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| Carter v. Concord Gen. Mut. Ins. Co., No. 2006-530,
SUPREME COURT OF NEW HAMPSHIRE, May 30, 2007, Opinion Issued
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Overview: An insured hurt by a wagon pulled by a tractor was not entitled to medical payments coverage because the wagon was not designed to be towed by a private passenger auto, pickup or van, as it had no brake lights required by RSA 266:38 (2004), but she was entitled to uninsured motorists coverage as it was a "trailer of any type" exempt from exclusion.
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| State v. Buchanan, No. 2006-324,
SUPREME COURT OF NEW HAMPSHIRE, May 30, 2007, Opinion Issued
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Overview: Denial of defendant's motion for return of firearms seized pursuant to his bail order was error because, contrary to trial court's finding, "adjudicated as a mental defective" pursuant to 18 U.S.C.S. § 922(g)(4) did not mean the same thing as incompetent to stand trial. Prior incompetency finding did not bar defendant's possession of firearms.
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| In re Chase Home for Children (N.H. HHS), Nos. 2006-070, 2006-219,
SUPREME COURT OF NEW HAMPSHIRE, June 8, 2007, Opinion Issued
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Overview: Although RSA 170-G:4-a(I) and N.H. Code Admin. R. Ann. He.-C 6422.22, 6422.24, 6422.25 authorized the hearing panels to establish the actual residential rate for the childcare providers and to determine when the rate became effective, they could not order a reasonable priority or classification system to distribute available funds to the providers.
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| Murley v. Hanover Ins. Co., No. 2006-613,
SUPREME COURT OF NEW HAMPSHIRE, June 8, 2007, Opinion Issued
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Overview: Because an insurer's insurance policy prohibition against duplicate payments for the same element of loss under its liability and medical benefits coverages was void under RSA 264:15(I) (2004), the trial court properly ordered the insurer to pay an additional $ 5,000 for medical payments.
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| State v. Ruff, No. 2006-180,
SUPREME COURT OF NEW HAMPSHIRE, June 8, 2007, Opinion Issued
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Overview: Because defendant's brother-in-law and his family had lived with the mother-in-law at her home for eight or nine years, he was an "authorized person" under RSA 635:2(III)(b) who could exclude defendant, a nonresident, from the premises; therefore, the evidence was sufficient to sustain defendant's conviction for criminal trespass.
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| Appeal of Malouin (N.H. Comp. Appeals Bd.), No. 2006-394,
SUPREME COURT OF NEW HAMPSHIRE, June 13, 2007, Opinion Issued
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Overview: Judgment was reversed as workers' compensation claimant reasonably expected that personal exercise workout, conducted during his normal working hours, for health club that encouraged him to perform such workouts while he was on duty in order to provide direct benefit to club was "condition of employment" under RSA 281-A:2(XI).
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| In re Grand Jury Subpoena, No. 2006-640,
SUPREME COURT OF NEW HAMPSHIRE, June 13, 2007, Opinion Issued
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Overview: Judgment was affirmed new privilege for confidential communications between public employee and union steward was not created under N.H. R. Evid. 501 since state interest in encouraging confidential communications between union members and representatives was outweighed by its interest in having evidence of criminal conduct explored.
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