New Hampshire Supreme Court Decisions 2021

Carter Country Club, Inc. v. Carter Community Building Association  
Date: December 28, 2021
Docket Number: 2021-0370

Justia Opinion Summary: Defendant Carter Community Building Association appealed a superior court's grant of summary judgment to plaintiff Carter Country Club, Inc. (CCCI), on CCCI's petition to quiet title to a parcel of property in Lebanon,…

Crowe v. Appalachian Stitching Company, LLC  
Date: December 23, 2021
Docket Number: 2021-0129

Justia Opinion Summary: Plaintiff Patricia Crowe appealed a Superior Court order granting summary judgment to defendant Appalachian Stitching Company, LLC (Appalachian), on Crowe’s claim that Appalachian violated the Americans with Disabilities…

New Hampshire v. Jette  
Date: December 14, 2021
Docket Number: 2020-0165

Justia Opinion Summary: Defendant Daswan Jette appealed his conviction by jury on one count of reckless manslaughter. Defendant argued the trial court: (1) erred by excluding evidence that, more than one month before her death, the victim sold…

American Civil Liberties Union of New Hampshire & a. v. City of Concord  
Date: December 7, 2021
Docket Number: 2020-0036

Justia Opinion Summary: Plaintiffs American Civil Liberties Union of New Hampshire (ACLU) and the Concord Monitor, appealed a superior court order which ruled that portions of a contract between an equipment vendor and defendant City of…

Magee v. Cooper  
Date: December 3, 2021
Docket Number: 2020-0472

Justia Opinion Summary: Plaintiff Maia Magee (tenant) appealed a circuit court order in favor of defendant Vita Cooper (landlord) on the tenant’s claim that the landlord willfully violated her right to quiet enjoyment of residential property.…

New Hampshire v. Williams  
Date: November 24, 2021
Docket Number: 2020-0234

Justia Opinion Summary: Defendant Carley Williams appealed a circuit court decision to impose a portion of her suspended sentence. In 2016, defendant reported to police that a customer at work had exposed himself to her. This report was false,…

New Hampshire v. Roy  
Date: November 16, 2021
Docket Number: 2020-0204

Justia Opinion Summary: Defendant Roger Roy appealed his convictions after a jury found him guilty on one count of felony domestic violence–criminal threatening with a deadly weapon, and four counts of misdemeanor domestic violence–simple…

In re Guardianship of B.C.  
Date: November 16, 2021
Docket Number: 2021-0199

Justia Opinion Summary: Petitioner appeals a circuit court order denying her petition for guardianship of her great-nephew, a minor child, pursuant to RSA chapter 463 (2018 & Supp. 2020). On appeal, petitioner challenged the circuit court’s…

New Hampshire v. Davis  
Date: October 28, 2021
Docket Number: 2020-0167

Justia Opinion Summary: Defendant Daniel Davis appealed his conviction for one count of possession of a controlled substance with intent to sell, challenging a superior court order denying his motion to suppress evidence obtained during a…

Appeal of New Hampshire Department of Transportation  
Date: October 28, 2021
Docket Number: 2020-0416

Justia Opinion Summary: The New Hampshire Department of Transportation (DOT) appealed a New Hampshire Public Employee Labor Relations Board (PELRB) order finding that DOT committed an unfair labor practice when it implemented a new commercial…

New Hampshire v. Clark  
Date: October 22, 2021
Docket Number: 2019-0682

Justia Opinion Summary: Defendant Steven Clark was convicted by jury on five counts of aggravated felonious sexual assault (AFSA), one count of attempted AFSA, and one count of felonious sexual assault. Defendant argued the trial court erred by…

Shaw's Supermarkets, Inc. v. Town of Windham  
Date: October 20, 2021
Docket Number: 2020-0275

Justia Opinion Summary: Defendant Town of Windham (Town) appealed a superior court order denying its motion to dismiss the tax abatement appeal of plaintiff Shaw’s Supermarkets, Inc. (Shaw’s), for lack of standing. The Town also appealed the…

Mary Feeney v. Karyn Kelley
Date: October 20, 2021
Docket Number: 2020-0490
In re G.B.  
Date: October 20, 2021
Docket Numbers: 2020-0544, 2020-0554

Justia Opinion Summary: A New Hampshire circuit court issued an adjudicatory order finding that G.B., a minor, had been neglected, but that respondents, G/B/'s adoptive parents, were not at fault for the neglect. Subsequently, the court issued…

State of New Hampshire v. Kyle C. Buffum
Date: October 19, 2021
Docket Number: 2019-0668
In the Matter of Alli Morris and Dustin Morris  
Date: October 19, 2021
Docket Number: 2020-0125

Justia Opinion Summary: Respondent Dustin Morris (Father) appealed a circuit court decision to award “custody and school placement” of his biological child to petitioner Alli Morris, Father’s ex-wife and Child’s stepmother (Stepmother).…

Appeal of Estate of Peter Dodier  
Date: October 14, 2021
Docket Number: 2020-0185

Justia Opinion Summary: Petitioner Estate of Peter Dodier, appealed a New Hampshire Compensation Appeals Board (CAB) order denying the estate’s claim for workers’ compensation and death benefits following Peter Dodier’s death. The CAB denied…

Appeal of Pelmac Industries, Inc.  
Date: October 13, 2021
Docket Number: 2019-0605

Justia Opinion Summary: Petitioner AmGUARD Insurance Group (Carrier), insurer of Pelmac Industries, Inc. (Pelmac), appealed a New Hampshire Compensation Appeals Board (CAB) decision awarding workers’ compensation death benefits to the…

In the Matter of Jennifer Juri and Michael Juri
Date: October 12, 2021
Docket Number: 2021-0008
New Hampshire v. Gedney  
Date: October 8, 2021
Docket Number: 2020-0053

Justia Opinion Summary: Defendant Matthew Gedney was convicted by a jury of conspiracy to commit armed robbery, and the Superior Court ordered him to make restitution of up to $10,000 for counseling to the victims. Defendant argued that the…

Bellevue Properties, Inc. v. 13 Green Street Properties, LLC et al.  
Date: October 8, 2021
Docket Number: 2020-0437

Justia Opinion Summary: Plaintiff Bellevue Properties, Inc. (Bellevue) appealed a superior court order dismissing its petition to quiet title and for declaratory judgment brought against the defendants, 13 Green Street Properties, LLC and 1675…

Appeal of Keith R. Mader 2000 Revocable Trust, et al.  
Date: October 8, 2021
Docket Number: 2020-0538

Justia Opinion Summary: Eighteen petitioners (the Taxpayers) appealed a New Hampshire Board of Tax and Land Appeals (BTLA) order issued following the New Hampshire Supreme Court's decision in Appeal of Keith R. Mader 2000 Revocable Trust, 173…

Sivalingam v. Newton et al.  
Date: October 5, 2021
Docket Numbers: 2020-0216, 2020-0352

Justia Opinion Summary: Plaintiff Tejasinha Sivalingam sued Frances Newton and Leigh Sharps (Selectwomen) and the Town of Ashland Board of Selectmen (Board), seeking the Selectwomen’s dismissal from and injunctive relief against the Board.…

Merrimack Premium Outlets, LLC et al. v. Town of Merrimack  
Date: October 1, 2021
Docket Number: 2020-0358

Justia Opinion Summary: Plaintiffs Merrimack Premium Outlets, LLC and Merrimack Premium Outlets Center, LLC, appealed, and defendant Town of Merrimack (Town), cross-appealed superior court orders in an action challenging the Town’s reassessment…

New Hampshire v. Boulton  
Date: September 30, 2021
Docket Number: 2020-0025

Justia Opinion Summary: Defendant Mark Boulton was convicted by jury on four counts of aggravated felonious sexual assault, and one count of misdemeanor sexual assault. HE argued on appeal that the Superior Court erred by: (1) denying his…

New Hampshire v. Almeida  
Date: September 29, 2021
Docket Number: 2019-0603

Justia Opinion Summary: The State appealed a circuit court order granting defendant David Almeida's motion to suppress the blood alcohol concentration (BAC) test results. Defendant was charged with driving under the influence of alcohol. The…

New Hampshire v. Seibel  
Date: September 22, 2021
Docket Number: 2018-0336

Justia Opinion Summary: Defendant Elizabeth Seibel appealed after she was convicted at a superior court bench trial on one count of financial exploitation of an elderly person, and two counts of theft by unauthorized taking. The victim was…

Petition of Whitman Operating Co., LLC d/b/a Camp Walt Whitman et al.  
Date: September 22, 2021
Docket Number: 2020-0536

Justia Opinion Summary: Petitioners Whitman Operating Co., LLC d/b/a Camp Walt Whitman, Wicosuta Operating Co., LLC d/b/a Camp Wicosuta, and Winaukee Operating Co., LLC d/b/a Camp Winaukee (collectively, the Camps), challenged a decision of…

Appeal of Town of Chester et al.  
Date: September 16, 2021
Docket Number: 2020-0475

Justia Opinion Summary: Petitioners, the Towns of Chester and Hudson (collectively, Towns), appealed a Board of Tax and Land Appeals (BTLA) order granting respondent Public Service Company of New Hampshire d/b/a Eversource Energy (PSNH)…

New Hampshire v. Zhukovskyy  
Date: September 16, 2021
Docket Number: 2021-0168

Justia Opinion Summary: Defendant Volodymyr Zhukovskyy appealed a superior court order denying his third motion for an evidentiary bail hearing. Because it concluded that RSA 597:2, III-IV did not require the trial court to hold an evidentiary…

New Hampshire v. Hinkley  
Date: September 10, 2021
Docket Number: 2019-0680

Justia Opinion Summary: The State appealed a superior court order granting defendant Seth Hinkley's motion to suppress his confession and subsequent statements made during an interview with the police. On appeal, the State argued the trial…

Seward v. Richards et al.  
Date: September 8, 2021
Docket Number: 2020-0259

Justia Opinion Summary: Three defendants, Charles Richards, Chairman’s View, Inc. (Chairman’s View), and CoreValue Holdings, LLC (CoreValue), appealed a superior court order denying their motion to dismiss for lack of personal jurisdiction,…

St. Onge v. Oberten, LLC  
Date: September 2, 2021
Docket Number: 2020-0320

Justia Opinion Summary: Plaintiff Robert St. Onge appealed a circuit court order dismissing his claim brought under RSA chapter 540-A against defendant Oberten, LLC, on the ground that the sober living facility it operated, and in which the…

State of New Hampshire v. Kevin Porter
Date: September 2, 2021
Docket Number: 2021-0088
In the Matter of Heather Birch and Michael Birch
Date: August 31, 2021
Docket Number: 2020-0299
Short v. LaPlante  
Date: August 27, 2021
Docket Number: 2020-0113

Justia Opinion Summary: Plaintiffs Chad and Kelly Short (Buyers) appealed a superior court order denying their requests for specific performance and attorney’s fees and costs in connection with an alleged contract to purchase real estate from…

Court Assistant II, Position Number 21-147
Date: August 23, 2021
Docket Number: 21-147
Per Diem Court Security Officer I (4-day), Position Number 21-126
Date: August 19, 2021
Docket Number: 21-126
No. 216-2021-CV-395: ioMosaic Corporation v. Viren Patel, et al.
Date: August 18, 2021
Docket Number: 216-2021
In re J.S.  
Date: July 30, 2021
Docket Number: 2020-0502

Justia Opinion Summary: Juvenile J.S. appealed a circuit court’s finding of delinquency based on petitions alleging criminal mischief, simple assault and attempted simple assault. The petitions were filed after a series of events in September…

Carrigan v. New Hampshire Dept. of Health & Human Services  
Date: July 20, 2021
Docket Number: 2020-0518

Justia Opinion Summary: Plaintiff Anna Carrigan filed suit against defendants, the New Hampshire Department of Health and Human Services and the Department’s commissioner, alleging they were failing to meet their statutory and constitutional…

L.C. v. W.C.  
Date: July 15, 2021
Docket Number: 2020-0515

Justia Opinion Summary: Defendant, W.C. appealed a domestic violence final order of protection, arguing the evidence was insufficient to support a finding that his conduct constituted a credible, present threat to the safety of plaintiff, L.C.,…

In the Matter of Lura Sanborn & Jeffrey Bart  
Date: July 14, 2021
Docket Number: 2020-0080

Justia Opinion Summary: Respondent Jeffrey Bart (Husband) appealed, and petitioner Lura Sanborn (Wife) cross-appealed, a final decree of divorce. Husband also appealed the trial court’s order, issued after this appeal was filed, granting Wife’s…

New Hampshire Democratic Party v. New Hampshire Secretary of State  
Date: July 2, 2021
Docket Number: 2020-0252

Justia Opinion Summary: Defendants, the New Hampshire Secretary of State (Secretary) and the Attorney General (collectively, the State), appealed a superior court order ruling that Laws 2017, chapter 205, also known as Senate Bill 3 (SB 3), was…

In re R.H.  
Date: July 2, 2021
Docket Number: 2020-0436

Justia Opinion Summary: Father appealed a circuit court order terminating his parental rights over his minor child, R.H., on the ground that he failed to correct, within 12 months, the conditions that led to the circuit court’s finding under…

In re S.A.  
Date: June 18, 2021
Docket Numbers: 2020-0528, 2020-0546, 2020-0548

Justia Opinion Summary: In consolidated appeals, the mother of S.A., B.T., and A.G., the father of A.G., and the father of S.A. appealed a circuit court order terminating their parental rights over their children because they each failed to…

In re M.M.  
Date: June 2, 2021
Docket Number: 2020-0467

Justia Opinion Summary: M.M.’s (juvenile) Father challenged the superior court’s refusal of his appeal of a circuit court decision on a neglect petition brought by the New Hampshire Division for Children, Youth and Families (DCYF). Father…

New Hampshire Alpha of SAE Trust v. Town of Hanover  
Date: May 25, 2021
Docket Number: 2020-0034

Justia Opinion Summary: Plaintiff New Hampshire Alpha of SAE Trust (SAE) appealed a superior court order ruling that the Town of Hanover Zoning Board of Adjustment (ZBA) had subject matter jurisdiction to hear SAE’s administrative appeal in the…

New Hampshire v. Mercon  
Date: May 21, 2021
Docket Number: 2020-0163

Justia Opinion Summary: The State appealed filed an interlocutory appeal of certain superior court rulings which held: (1) the State had to prove, as an element of the offense of driving after suspension pursuant to RSA 263:64, IV, that…

Jane Doe v. New Hampshire Dept. of Health & Human Services  
Date: May 11, 2021
Docket Number: 2020-0454

Justia Opinion Summary: Defendant Commissioner of the New Hampshire Department of Health and Human Services (DHHS), appealed a superior court order denying her motion to dismiss and granting the petition for a writ of habeas corpus filed by…

New Hampshire v. Soulia  
Date: May 5, 2021
Docket Number: 2019-0653

Justia Opinion Summary: Defendant Richard Soulia was convicted by jury on three counts of aggravated felonious sexual assault. He appealed, arguing the superior court erred in denying his motions to strike for cause three prospective jurors, in…

In the Matter of Wm. & Ryanne Earley  
Date: May 5, 2021
Docket Number: 2020-0051

Justia Opinion Summary: Respondent Ryanne Earley appealed a final divorce decree awarding petitioner Wm. Michael Earley part of her interest in an irrevocable life insurance trust established by her parents. She argued the trial court erred by…

New Hampshire v. Luikart  
Date: May 4, 2021
Docket Number: 2019-0539

Justia Opinion Summary: Defendant Bryan Luikart appealed a circuit court order which imposed a portion of his suspended sentence. Defendant argue the trial court erred in finding that the State met its burden of proving he violated the good…

New Hampshire v. Lopez, Jr.  
Date: April 20, 2021
Docket Number: 2018-0104

Justia Opinion Summary: Defendant Eduardo Lopez, Jr. committed murder at age 17. Following his conviction, defendant received a statutorily-mandated sentence of life imprisonment without the possibility of parole. In 2012, the United States…

In the Matter of Jonathan & Lea Merrill  
Date: April 20, 2021
Docket Number: 2020-0009

Justia Opinion Summary: Petitioner Jonathan Merrill appealed a circuit court's final divorce decree, arguing the trial court erred by: (1) including the assets of a spendthrift trust in the marital estate; (2) excluding from the marital estate…

Hampstead School Board et al. v. School Administrative Unit No. 55  
Date: April 20, 2021
Docket Number: 2020-0268

Justia Opinion Summary: Defendant School Administrative Unit No. 55 (the SAU), appealed a superior court order denying its motion to dismiss the complaint filed by plaintiffs the Hampstead School District and Hampstead School Board…

In the Matter of Blaisdell  
Date: April 1, 2021
Docket Number: 2020-0211

Justia Opinion Summary: In an interlocutory appeal, respondent Robert Blaisdell challenged a circuit court decision granting a motion to dismiss his cross-petition for divorce on fault grounds of adultery alleging sexual intercourse between…

Petition of New Hampshire Division of State Police  
Date: March 26, 2021
Docket Number: 2020-0005

Justia Opinion Summary: The New Hampshire Supreme Court accepted this petition for original jurisdiction filed pursuant to Supreme Court Rule 11 by the New Hampshire Division of State Police (“the Division”) to determine whether the Superior…

In the Matter of Michael & Anne Greenberg  
Date: March 24, 2021
Docket Number: 2019-0734

Justia Opinion Summary: Father, petitioner Michael Greenberg, appealed a circuit court order that modified his child support obligation pertaining to shares of vested restricted stock, and ordered him to pay child support arrearages of nearly…

Contoocook Valley School District v. New Hampshire  
Date: March 23, 2021
Docket Number: 2019-0500

Justia Opinion Summary: Defendants, the State of New Hampshire, the New Hampshire Department of Education (DOE), Governor Christopher Sununu, and the Commissioner of DOE, Frank Edelblut (collectively, the State), appealed a superior court…

101 Ocean Blvd., LLC v. Foy Insurance Group, Inc.  
Date: March 19, 2021
Docket Number: 2019-0067

Justia Opinion Summary: Defendant Foy Insurance Group, Inc. appealed a jury's verdict rendered in favor of the plaintiff, 101 Ocean Blvd., LLC (Ocean), finding that Foy was negligent for failing to advise Ocean to purchase sufficient insurance…

Ro v. Factory Mutual Insurance Company, as Subrogee of Trustees of Dartmouth College  
Date: March 10, 2021
Docket Number: 2019-0620

Justia Opinion Summary: Defendant Factory Mutual Insurance Company (Factory Mutual) appealed a superior court order denying its motion for summary judgment and granting plaintiffs' Daniel Ro and Sebastian Lim motion. Plaintiffs sought a…

Appeal of Andrew Panaggio  
Date: March 2, 2021
Docket Number: 2019-0685

Justia Opinion Summary: Petitioner Andrew Panaggio appealed a New Hampshire Compensation Appeals Board (Board) determination that respondent, CNA Insurance Company (the insurer), could not be ordered to reimburse him for his purchase of medical…

Krainewood Shores Association, Inc. v. Town of Moultonborough  
Date: March 2, 2021
Docket Number: 2019-0719

Justia Opinion Summary: Plaintiffs Krainewood Shores Association, Inc. and Black Cat Island Civic Association appealed a superior court decision granting defendants' Town of Moultonborough (Town) and TYBX3, LLC motion to dismiss. In 2018, TYBX3…

Genworth Life Ins. Co. v. New Hampshire Dep't of Ins.  
Date: February 17, 2021
Docket Number: 2019-0727

Justia Opinion Summary: Plaintiff Genworth Life Insurance Company challenged amended regulations promulgated by the New Hampshire Department of Insurance (Department) retroactively limiting rate increases for long-term care insurance (LTCI)…

The New London Hospital Association, Inc. v. Town of Newport  
Date: February 9, 2021
Docket Number: 2019-0616

Justia Opinion Summary: Plaintiff The New London Hospital Association, Inc. (Hospital), challenged a superior court's grant of summary judgment in favor of defendant Town of Newport (Town), in the Hospital’s appeal of the Town’s denial of the…

Appeal of Conservation Law Foundation  
Date: February 2, 2021
Docket Number: 2020-0049

Justia Opinion Summary: Petitioner Conservation Law Foundation (CLF) appealed an order of the New Hampshire Waste Management Council (Council) denying CLF’s appeal of a permit, issued by the New Hampshire Department of Environmental Services…

New Hampshire v. Parry  
Date: January 27, 2021
Docket Number: 2019-0407

Justia Opinion Summary: Defendant Melanie Parry was convicted by jury of possessing a controlled drug. On appeal, she argued (1) the trial court erred by denying her requested jury instruction on the voluntary-act requirement set forth in RSA…

In re Estate of Marie G. Dow  
Date: January 20, 2021
Docket Number: 2019-0752

Justia Opinion Summary: Petitioner Christopher Dow appealed a probate court decision finding he was not a pretermitted heir under his mother’s, Marie G. Dow’s, will. He argued the probate division erred in failing to apply New Hampshire’s…

New Hampshire v. Pouliot  
Date: January 13, 2021
Docket Number: 2019-0322

Justia Opinion Summary: Defendant Joshua Pouliot was tried by jury and convicted on three counts of aggravated felonious sexual assault, and one count of felonious sexual assault. On appeal, defendant argued the superior court erred by denying…

Shearer v. Raymond  
Date: January 13, 2021
Docket Number: 2019-0688

Justia Opinion Summary: Plaintiff Lauren Shearer appealed, and defendants Ronald Raymond and Sandra Auvil cross-appealed a superior court order which found plaintiff had an easement across defendants’ property to access his landlocked property.…

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