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| Appeal of Bethlehem (N.H. Dep't of Envtl. Servs.), No. 2004-435,
SUPREME COURT OF NEW HAMPSHIRE, November 2, 2006, Opinion Issued
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Overview: New Hampshire Department of Environmental Services properly granted solid waste facility operator tax exemptions under N.H. Rev. Stat. Ann. § 72:12-a; among other things, court concluded that contrary to town's contentions, decision did not violate N.H. Const. pt. II, art. 5, as DES did not apply statute in unjust manner or N.H. Const. pt, I, § 10.
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| In re Juvenile 2005-426, No. 2005-426,
SUPREME COURT OF NEW HAMPSHIRE, November 2, 2006, Opinion Issued
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Overview: A court properly exercised its discretion by failing to grant a father an extension to comply with an outstanding dispositional order and ordered another planned permanent living arrangement with a foster family as his son's permanency plan because the father had remained incarcerated due to his behavior, was living with his sister, and had no job.
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| Warner v. Clarendon Ins. Co., No. 2005-415,
SUPREME COURT OF NEW HAMPSHIRE, November 2, 2006, Opinion Issued
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Overview: As truck rental company's insurance policy unambiguously stated that liability coverage to lessee and additional driver was limited to insurance required under the financial responsibility law for state in which truck was rented, court properly held that the amount tendered by reinsurer to a motorist based on such limits complied with the policy.
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| Meier v. Town of Littleton, No. 2005-399,
SUPREME COURT OF NEW HAMPSHIRE, November 3, 2006, Opinion Issued
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Overview: Because a driver, a town, and the State were not actual adversaries in a prior action, the driver's subsequent action against the town and the State did not involve the same parties as a prior action, and because the two cases did not involve the same cause of action, res judicata did not bar the driver's suit against the town and the State.
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| Porter v. Coco, No. 2005-715,
SUPREME COURT OF NEW HAMPSHIRE, November 3, 2006, Opinion Issued
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Overview: In a quiet title action, petitioners' predecessors-in-interest were not expressly named as defendants in an earlier quiet title petition. This omission resulted in a failure to meet the express requirements of N.H. Rev. Stat. Ann. § 498:5-a and a lack of jurisdiction over the predecessors and their successors.
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| Proulx v. Dir., N.H. DMV, No. 2005-546,
SUPREME COURT OF NEW HAMPSHIRE, November 3, 2006, Opinion Issued
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Overview: Although N.H. Rev. Stat. Ann. § 265:92(I) (2004) mandated suspension of a driver's license for refusal to take a blood alcohol test, any misunderstanding resulting from a police officer's use of the word "could" was cured when he read the administrative license suspension form to a driver a second time and the driver signed and initialed the form.
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| State v. Brown, No. 2005-461,
SUPREME COURT OF NEW HAMPSHIRE, November 3, 2006, Opinion Issued
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Overview: Although a juror told other jurors that she enjoyed watching people involved in defendant's trial from her car during the lunch hour, the remaining jurors stated that they could remain impartial; therefore, defendant's N.H. Const. pt. I, art. 15 and U.S. Const. amends. VI, XIV rights to an impartial jury were not violated.
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| Libertarian Party N.H. v. State, No. 2005-606,
SUPREME COURT OF NEW HAMPSHIRE, November 21, 2006, Opinion Issued
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Overview: Minor political parties and a coalition's constitutional challenge to N.H. Rev. Stat. Ann. §§ 655:35 (1996), 655:19-c, 655:40, 655:40-a, and 655:42 (Supp. 2005) was properly dismissed. Signature requirements and threshold requirements for party status did not impose a severe burden upon associational rights or violate equal protection rights.
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| State v. Vassar, No. 2005-567,
SUPREME COURT OF NEW HAMPSHIRE, November 21, 2006, Opinion Issued
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Overview: Because there was some evidence that defendant reasonably believed that his brother was about to use deadly force where the brother had threatened to kill defendant and his mother, the trial court should have given a self defense instruction pursuant to N.H. Rev. Stat. Ann. § 627:4(II).
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| Young's Case, No. LD-2006-002,
SUPREME COURT OF NEW HAMPSHIRE, November 21, 2006, Opinion Issued
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Overview: State supreme court found attorney's intentional misrepresentations and false statement of material fact, made in a letter and to the trial court in an objection, warranted the attorney's disbarment from the practice of law; the misconduct violated N.H. R. Prof. Conduct 3.3(a)(1), N.H. R. Prof. Conduct 3.3(a)(3), and N.H. R. Prof. Conduct 8.4(c).
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