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| State v. Johanson (In re State), No. 2006-584,
SUPREME COURT OF NEW HAMPSHIRE, September 5, 2007, Opinion Issued
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Overview: Where defendant's criminal matter was transferred to a county other than where his criminal act was allegedly committed and he was tried in a bench trial, his motion for a directed verdict at the end of the case based on improper venue under N.H. Const. pt. I, art. 17 was untimely and deemed waived; double jeopardy did not bar a retrial.
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| Buchholz v. Waterville Estates Ass'n, No. 2006-463,
SUPREME COURT OF NEW HAMPSHIRE, September 20, 2007, Opinion Issued
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Overview: Trial court properly granted summary judgment to a condominium association as to plaintiffs' action challenging the association's efforts to collect association fees on plaintiffs' property, because under RSA 80:61 (2003), the condominium covenants, which ran with the land, survived the tax sale at which plaintiffs purchased their property.
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| Formula Dev. Corp. v. Town of Chester, No. 2006-515,
SUPREME COURT OF NEW HAMPSHIRE, September 20, 2007, Opinion Issued
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Overview: Condominium cluster development preserved half its acreage for open space. Town erred by assessing land use change tax on site-by-site basis as each unit was sold, because under RSA 79-A:7(VI) and (V)(b), entire development site came out of current use when road construction began, which was time to assess tax on entire parcel.
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| In re Juvenile 2007-084, No. 2007-084,
SUPREME COURT OF NEW HAMPSHIRE, September 20, 2007, Opinion Issued
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Overview: Judgment was vacated as probate court erred in terminating father's parental rights since it admitted that it considered only approximately 11 months between father's adjudication of neglect and permanency hearing. RSA 170-C:5(III) required that father's behavior over at least 12 months be reviewed.
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| 74 Cox St., LLC v. City of Nashua, No. 2006-829,
SUPREME COURT OF NEW HAMPSHIRE, September 21, 2007, Opinion Issued
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Overview: Zoning board of adjustment (ZBA), which had granted petitioners variances and denied intervenors' request for rehearing, properly reconsidered and granted rehearing. As ZBAs could grant or deny requests for rehearing under RSA 677:3(II) (1996), that statutory grant included authority to reconsider decisions to deny rehearing within 30-day limit.
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| Everitt v. GE, No. 2006-481,
SUPREME COURT OF NEW HAMPSHIRE, September 21, 2007, Opinion Issued
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Overview: Court erred under RSA 507:7-e(I) in denying a driver's motion for dismissal as an active litigant from a case because the driver had settled with the accident victim before the case was filed. The court was also to decide whether official immunity, rather than discretionary function immunity, protected police officers and a town from suit.
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| Macie v. Helms, No. 2006-792,
SUPREME COURT OF NEW HAMPSHIRE, September 21, 2007, Opinion Issued
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Overview: Summary judgment for truck driver and employer was proper in a case seeking damages for injuries suffered by electrician who was injured while repairing a stoplight damaged by the truck driver because the electrician's injury was not foreseeable. Rescue doctrine did not apply because electrician was not acting to "rescue" any person or property.
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| State v. Lopez, Nos. 2006-257, 2006-773,
SUPREME COURT OF NEW HAMPSHIRE, September 21, 2007, Opinion Issued
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Overview: Under N.H. Const. pt. I, art. 15, inmate had no right to appointed counsel in his collateral challenge to his conviction based on a claim his guilty plea was involuntary; thus, he had no such right on appeal of the denial of that collateral challenge. But if he could show "complicating factors" were present, appellate counsel could be appointed.
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