New Hampshire Department of Transportation v. FranchiAnnotate this Case
Appellant Pasquale Franchi appealed a superior court order that denied his motion in limine to preclude certain expert testimony. This case arose from an eminent domain proceeding. There was no dispute that there was a taking of Appellant's property, and that he was entitled to compensation. Rather, Appellant contended that certain errors made both before and at trial required the Supreme Court's review of the compensation he was due. Several of Appellant's challenges pertained to testimony of the State's expert, a certified commercial property appraiser. Appellant moved in limine to exclude the appraiser's testimony, arguing that pursuant to New Hampshire's rules of procedure, the second of the appraiser's reports was irrelevant and did not meet the threshold of reliability. Upon review of the issues Appellant raised on appeal, the Supreme Court concluded the trial court made no errors in its holding, and accordingly affirmed.