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| Bleiler v. Chief, Dover Police Dep't, No. 2006-426,
SUPREME COURT OF NEW HAMPSHIRE, July 18, 2007, Opinion Issued
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Overview: RSA 159:6-b was reasonable limitation upon right to bear arms under New Hampshire's Constitution. Statute was not unconstitutionally vague on its face, nor was it vague as applied to petitioner. Petitioner, who placed a loaded gun on a desk in the city attorney's office, knew proper procedure for handling a loaded weapon, but failed to follow it.
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| Blouin v. Sanborn, No. 2006-695,
SUPREME COURT OF NEW HAMPSHIRE, July 18, 2007, Opinion Issued
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Overview: Trial court did not err in denying the agent's motion for JNOV on the property owners' negligent misrepresentation claim against the agent, as the agent's status as a disclosed agent of the limited liability company did not insulate him from liability under the common law obligation that he had to act so as to not injure another party.
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| N.H. Dep't of Envtl. Servs. v. Marino, No. 2006-761,
SUPREME COURT OF NEW HAMPSHIRE, July 18, 2007, Opinion Issued
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Overview: Trial court properly ruled that respondents violated the Comprehensive Shoreland Protection Act, RSA 483-B:9(II)(b) (Supp. 2006), by building a home within 50 feet of a lake shore without a permit from the New Hampshire Department of Environmental Services, as RSA 483-B:10(I) (2001) allowed the Department to impose the condition.
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| Snelling v. City of Claremont, No. 2006-315,
SUPREME COURT OF NEW HAMPSHIRE, July 18, 2007, Opinion Issued
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Overview: Employee's First Amendment claim was not barred by Garcetti v. Ceballos, as employee spoke with reporter as citizen and not pursuant to official duties as city assessor. Jury's verdict on wrongful termination based on First Amendment claim was upheld as First Amendment claim was not misguided or meritless and thus, jury could properly rely on it.
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| Doyle v. Town of Gilmanton, No. 2006-797,
SUPREME COURT OF NEW HAMPSHIRE, July 19, 2007, Opinion Issued
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Overview: Order reversing a decision finding that owners' proposed subdivision lot did not meet minimum building site size requirements was improper because, under Gilmanton, N.H., Zoning Ordinance art. XVI, setback was not an area where a building or other structure was placed, and so setback area could not have been part of a "building site."
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| In re Toyota Avalon, No. 2006-567,
SUPREME COURT OF NEW HAMPSHIRE, July 19, 2007, Opinion Issued
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Overview: Order granting petition for forfeiture of defendant's vehicle under RSA 318-B:17-b was proper because, inter alia, trial court found that vehicle was used in trafficking and distribution of drugs valued at about $ 4,000, investigation cost $ 3,000 to $ 6,000, and vehicle was worth $ 10,000 to $ 11,000. These findings were supported by record.
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| Nicolaou v. Vt. Mut. Ins. Co., No. 2006-651,
SUPREME COURT OF NEW HAMPSHIRE, July 19, 2007, Opinion Issued
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Overview: Because there was no conflict between RSA 407:11 and the additional coverage endorsement in an insured's homeowners policy, the trial court did not err in requiring the insured to repair or replace his dwelling before the insurer was obligated to pay the difference between the stated limit of liability and the replacement cost.
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| Babiarz v. Town of Grafton, No. 2006-542,
SUPREME COURT OF NEW HAMPSHIRE, July 20, 2007, Opinion Issued
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Overview: Trial court correctly held that a citizen did not have standing to pursue his challenge to a town election under RSA 669:35 because, although citizen was a town meeting participant, voter, and taxpayer, he was not a candidate and pointed to nothing in the record indicating that he had any other special or superior interest in the election.
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| Guildhall Sand & Gravel, LLC v. Town of Goshen, No. 2006-860,
SUPREME COURT OF NEW HAMPSHIRE, July 20, 2007, Opinion Issued
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Overview: The Goshen, N.H., Zoning Ordinance fit within the scope of permissible municipal regulation under RSA ch. 155-E because, by its terms, it applied only to excavations requiring a permit. It followed that the more stringent requirements set forth in the ordinance were not preempted.
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| In re Peirano, No. 2005-604,
SUPREME COURT OF NEW HAMPSHIRE, July 20, 2007, Opinion Issued
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Overview: In a divorce, a trial court could not order a husband to sell his weapons and keep the proceeds, because, while it could distribute marital property between the parties, its order did not divide these proceeds, so it exceeded the scope of the trial court's authority, although he could be ordered not to possess them, under 18 U.S.C.S. § 922(g)(8).
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