Appeal of Letellier
Annotate this CasePetitioner Christopher Ruel, a licensed real estate appraiser, appealed a superior court order that remanded his case to the New Hampshire Real Estate Appraiser Board for a new disciplinary hearing. In the spring of 2007, Kenneth Frederick hired Petitioner to appraise his property in Kingston. The New Hampshire Department of Transportation (DOT) sought to take Frederick's property by eminent domain and Frederick used Petitioner's appraisal in negotiating a settlement with DOT. DOT performed its own appraisal and valued the property at approximately fifty thousand dollars less than did Petitioner. After finalizing the settlement, a DOT appraisal supervisor reviewed Petitioner's appraisal and filed a grievance against him with the Board. In April 2010, four members of the Board voted to order Petitioner to pay a $500 fine and attend two appraisal courses. On appeal, Petitioner argued that the superior court should have dismissed the Board proceedings against him because: (1) the DOT lacked standing to file the initial grievance and, therefore, the case should never have been heard; (2) the Board violated its governing statute by taking more than two years to dispose of his case; (3) the Board's delay materially prejudiced him; and (4) the Board's determination to continue with the hearing and render a final decision without a quorum violated his due process rights. Upon careful review of the Board's hearing record, the Supreme Court rejected Petitioner's arguments on appeal.
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