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| Cloutier v. City of Berlin, No. 2005-342,
SUPREME COURT OF NEW HAMPSHIRE, August 2, 2006, Opinion Issued
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Overview: Verdict entered in favor of the city was affirmed because the city was entitled to receive instructions that conformed to N.H. Rev. Stat. Ann. §§ 231:90 through 231:92 relating to the standard of care required by the city even if the city had liability insurance at the time of the accident. Inclement weather instruction was proper.
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| Garrison v. Town of Henniker, No. 2005-471,
SUPREME COURT OF NEW HAMPSHIRE, August 2, 2006, Opinion Issued
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Overview: Trial court properly reversed the town zoning adjustment board's decision granting the intervenor's application for two conditional variances; the intervenor did not show that not granting the application for the conditional variances would cause "unnecessary hardship" that resulted from the unique setting of the property.
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| In re Guardarramos-Cepeda, No. 2005-333,
SUPREME COURT OF NEW HAMPSHIRE, August 2, 2006, Opinion Issued
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Overview: As N.H. Rev. Stat. Ann. § 651:58 (I) and (II) required actual notice to inmate of State's right to seek review of his sentence within 30 days of its imposition, and extent to which jurisdiction was retained to increase or decrease sentence after hearing by sentence review board, § 651:58 (I) did not violate state constitution's Due Process Clause.
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| Gill v. Gerrato, No. 2005-003,
SUPREME COURT OF NEW HAMPSHIRE, August 3, 2006, Opinion Issued
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Overview: Because there was no language in the deed establishing an independent easement for the benefit of the non-dominant third-party tenement, the trial court's ruling that the third-party tenement had an express easement over the servient tenement's property for all reasonable residential and agricultural uses was reversed.
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| State v. Corrado, No. 2005-675,
SUPREME COURT OF NEW HAMPSHIRE, August 3, 2006, Opinion Issued
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Overview: Because N.H. Rev. Stat. Ann. § 570-A:2(II)(d) (Supp. 2003, amended 2004) did not require that defendant's identity be known prior to the recording of a confidential informant's purchase of marijuana from him, the trial court did not err in denying defendant's motion to suppress.
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| WMUR Channel Nine v. N.H. Dep't of Fish & Game, No. 2005-787,
SUPREME COURT OF NEW HAMPSHIRE, August 3, 2006, Opinion Issued
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Overview: Though New Hampshire Department of Fish and Game's Director violated N.H. Rev. Stat. Ann. § 91-A:2 (II) by excluding TV station's cameras from hunting license hearing, station was properly denied attorney's fees under N.H. Rev. Stat. Ann. § 91-A:8 as Director had reason to think he could do so to protect license applicant's due process rights.
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| In re Birmingham, No. 2005-089,
SUPREME COURT OF NEW HAMPSHIRE, August 4, 2006, Opinion Issued
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Overview: Trial court properly denied a former husband's request to modify child support and alimony retroactively, beyond the date his former wife received notice of his motion, as the court had no discretion to do so as to child support as under N.H. Rev. Stat. Ann. § 458-C:7(II), and the same rule, though not set out in a statute, applied to alimony.
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| State v. Polk, No. 2005-373,
SUPREME COURT OF NEW HAMPSHIRE, August 4, 2006, Opinion Issued
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Overview: Defendant's appeal of his conviction for disobeying a police officer, a class A misdemeanor, was dismissed by the Supreme Court of New Hampshire because, although N.H. Rev. Stat. Ann. § 599:1 was recently revised, the language in effect at the time of defendant's appeal required that such a conviction first be appealed to the superior court.
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| Appeal of Exeter Police Ass'n (N.H. Pub. Emple. Labor Rels. Bd.), No. 2005-718,
SUPREME COURT OF NEW HAMPSHIRE, August 15, 2006, Opinion Issued
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Overview: New Hampshire Public Employee Labor Relations Board properly found that town did not commit unfair labor practice when it denied union employee right to counsel during investigatory interview, as he turned down offer of union representative, and N.H. Rev. Stat. Ann. § 273-A:5 (1999) conferred no right to have a non-union representative present.
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| Akins v. Sec'y of State, No. 2005-794,
SUPREME COURT OF NEW HAMPSHIRE, August 17, 2006, Opinion Issued
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Overview: Arrangement of parties and candidates established by N.H. Rev. Stat. Ann. § 656:5 and practiced by Secretary of State, which granted primacy effect to party that received the most votes in prior election and ordering candidates in alphabetical order impinged on fundamental right, did not survive strict scrutiny, and both were unconstitutional.
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