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| Boyle v. City of Portsmouth, No. 2005-432,
SUPREME COURT OF NEW HAMPSHIRE, November 22, 2006, Opinion Issued
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Overview: A superior court erred when it upheld a decision by a city's zoning board of adjustment that trustee was required to obtain variance because outdoor storage of vehicles on real estate trust's property violated N.H., Zoning Ordinance art. II, § 10-208(35). Section 10-208(35) regulated outdoor storage of "material," and vehicles were not "material."
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| Goldstein v. Town of Bedford, No. 2005-598,
SUPREME COURT OF NEW HAMPSHIRE, November 22, 2006, Opinion Issued
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Overview: A town resident's mandamus petition was properly dismissed because he lacked standing to file administrative appeal of zoning officer's decision or to seek mandamus relief in superior court pursuant to N.H. Rev. Stat. Ann. §§ 676:5, 677:4. Mere fact that he was a taxpaying resident did not make him a "person aggrieved" by zoning officer's decision.
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| Martinez v. Nicholson, No. 2005-640,
SUPREME COURT OF NEW HAMPSHIRE, November 22, 2006, Opinion Issued
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Overview: Trial court properly granted costs to petitioners pursuant to N.H. Super. Ct. R. 87 in relation to an adverse possession claim, as N.H. Super. Ct. R. 116 made the rule concerning costs applicable to equity actions, and it was not error for a judge who had not presided over the trial to award costs.
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| Appeal of Huff (N.H. HHS), No. 2005-856,
SUPREME COURT OF NEW HAMPSHIRE, November 28, 2006, Opinion Issued
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Overview: Determination that special needs trust distributions constituted income for Medicaid eligibility for medical assistance under Aid to the Permanently and Totally Disabled was vacated because adjudication was based solely on state regulation without a conclusion that New Hampshire was not an SSA § 209(b) state or rule was part of approved 1972 plan.
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| Corcoran v. Harmon, No. 2005-726,
SUPREME COURT OF NEW HAMPSHIRE, November 28, 2006, Opinion Issued
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Overview: When an arbitration panel withdrew its original decision, a superior court erred in denying defendant's motion to confirm the original award on the ground that there was no decision to act on. N.H. Rev. Stat. Ann. § 542:8 empowered a superior court to review decisions of an arbitration panel, including a decision to withdraw an award.
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| State v. Crie, No. 2005-568,
SUPREME COURT OF NEW HAMPSHIRE, November 28, 2006, Opinion Issued
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Overview: There was sufficient evidence that defendant possessed weapons in violation of N.H. Rev. Stat. Ann. § 159:3. There was testimony that he had rifles inside a gun locker in his home, that he and his wife jointly owned and exercised control over them, and that he could access the locker, the key to which was in the wife's jewelry box, if needed.
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| In re Clark, No. 2005-531,
SUPREME COURT OF NEW HAMPSHIRE, November 29, 2006, Opinion Issued
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Overview: Even if a former husband's housing, vehicle, and other benefits were employer-provided in-kind benefits, they did not constitute "gross income" under N.H. Rev. Stat. Ann. § 458-C:2(IV) for purposes of calculating his child support obligation, as they were not paid in money.
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| In re Sarvela, No. 2005-634,
SUPREME COURT OF NEW HAMPSHIRE, November 29, 2006, Opinion Issued
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Overview: A trial court properly denied an ex-wife's request to grant a fault-based divorce based on an ex-husband's alleged habitual drunkenness under N.H. Rev. Stat. Ann. § 458:7(VII) (2004) because of the ex-husband's abuse of prescription drugs since drug addiction was not covered under § 458:7.
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