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| Greenland Conservation Comm'n v. N.H. Wetlands Council, No. 2005-578,
SUPREME COURT OF NEW HAMPSHIRE, December 19, 2006, Opinion Issued
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Overview: A trial court did not err by ruling that the New Hampshire Department of Environmental Services review authority of a wetlands permit was limited to assessing the impacts of construction activities in the protected wetlands, as DES' authority did not extend to assessing the effects of upland construction activities upon such wetlands.
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| OB/GYN Assocs. of S. N.H. v. N.H. Ins. Guar. Ass'n, No. 2006-024,
SUPREME COURT OF NEW HAMPSHIRE, December 19, 2006, Opinion Issued
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Overview: Where claim against an employer was for vicarious liability related to employee's medical negligence and employer failed to exhaust coverage available under its insurance policy, as required by N.H. Rev. Stat. Ann. § 404-B:12, employer was not entitled to reimbursement from New Hampshire Insurance Guaranty Association for employer's covered claim.
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| State v. Morrill, No. 2005-694,
SUPREME COURT OF NEW HAMPSHIRE, December 19, 2006, Opinion Issued
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Overview: New trial was required because hearsay evidence was improperly admitted in trial for aggravated sexual assault under N.H. Rev. Stat. Ann. § 632-A:2(III) in that doctrines of "curative admissibility" or "specific contradiction" did not apply in that evidence directly contrary to defendant's theory did not mean that defendant's theory was misleading.
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| Fischer v. N.H. State Bldg. Code Review Bd., No. 2006-155,
SUPREME COURT OF NEW HAMPSHIRE, December 20, 2006, Opinion Issued
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Overview: Under N.H. Rev. Stat. Ann. § 155-A:12(II), state building code review board properly determined that owner's property did not qualify as two-family dwellings under state fire code because regulations were not retrospective, owner did not have vested right to continued classification, and interpretation fit purpose of N.H. Rev. Stat. Ann. § 153:5.
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| Murray v. N.H. Div. of State Police, No. 2006-113,
SUPREME COURT OF NEW HAMPSHIRE, December 20, 2006, Opinion Issued
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Overview: Law enforcement representatives did not meet their burden to justify withholding documents that father requested regarding disappearance of daughter, and, thus a remand of case to the trial court was required to determine whether a basis existed under the Right-to-Know Law, N.H. Rev. Stat. Ann. § 91-A:1 et seq., to continue resisting disclosure.
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| N.H. Ins. Guar. Ass'n v. Elliot Hosp., No. 2005-834,
SUPREME COURT OF NEW HAMPSHIRE, December 20, 2006, Opinion Issued
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Overview: A superior court's order requiring the New Hampshire Insurance Guaranty Association to undertake its statutory obligation to a hospital after its insurer was declared insolvent was affirmed as the malpractice plaintiffs' claim against a clinic that managed their pregnancy was not a covered claim for purposes of N.H. Rev. Stat. Ann. § 404-B:5(IV).
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| Robinson v. Town of Hudson, No. 2005-687,
SUPREME COURT OF NEW HAMPSHIRE, December 20, 2006, Opinion Issued
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Overview: Treating all factual findings of the zoning board of appeals as prima facie lawful and reasonable, as was required under N.H. Rev. Stat. Ann. § 677:6, the state supreme court upheld the cost and liability conditions imposed on the property owner's property in order to grant her variance request since they were neither arbitrary nor unreasonable.
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