ADMINISTRATIVE (47)

Appeal of Vicky Morton, 2008-105, 2008-107 (N.H. S.Ct., Nov. 7, 2008)

DUGGAN, J. The petitioner, Vicky Morton, appeals two decisions of the New Hampshire Personnel Appeals Board (PAB) ruling that: (1) the proper remedy for her layoff did not include reinstatement to her previous position; and (2) that she did not meet the minimum qualifications for the position of Associate Vice President of Academic Affairs. We consolidated the two appeals and affirm.

Appeal of Town of Rindge, 2008-089 (N.H. S.Ct., Oct. 31, 2008)

BRODERICK, C.J. The petitioner, Town of Rindge, appeals an order of the New Hampshire Department of Environmental Services (DES) granting the respondent, Franklin Pierce University, a tax exemption under RSA 72:12-a (2003) (amended 2006) for its wastewater treatment facility. We affirm.

Appeal of Dan's City Auto Body, 2008-111 (N.H. S.Ct., Oct. 31, 2008)

DUGGAN, J. The petitioner, Dan’s City Auto Body (Dan’s City), appeals an order of the Penalty Appeals Board (PAB) of the New Hampshire Department of Labor (NHDOL), which imposed a penalty of $20,000 for 125 violations of New Hampshire labor laws. We hold that the evidence was insufficient to support 105 of the cited violations, but was sufficient to support the other twenty. Accordingly, we reverse in part and affirm in part.

In re Alexis O., 2008-133 (N.H. S.Ct., Oct. 29, 2008)

DALIANIS, J. The natural mother, J.M., appeals the ruling of the Plymouth Family Division (Rappa, J.) that the Interstate Compact on the Placement of Children (ICPC), see RSA ch. 170-A (2002), applied to its decision allowing her to retrieve her daughter, Alexis O., from New Hampshire and return with her to Arizona, after having determined that the New Hampshire Division for Children, Youth and Families (DCYF) failed to prove that the mother had neglected her. The trial court ruled that because the ICPC applied, it could not allow the mother to take her daughter to Arizona until Arizona authorities had notified DCYF that this placement did not appear to be contrary to the child’s interests. See RSA 170-A:1, Article III(d). We reverse and remand.

Robinson v. New Hampshire Real Estate Commission, 2008-027 (N.H. S.Ct., Oct. 10, 2008)

DALIANIS, J. The petitioner, Dale Robinson, appeals the order of the Superior Court (Mangones, J.) granting the motion to dismiss filed by the respondent, the New Hampshire Real Estate Commission (Commission), and denying his motion for summary judgment. Both motions concerned a single issue: whether the Commission had jurisdiction to hold a hearing on a complaint alleging that the petitioner engaged in misconduct when selling his own property. See RSA 331-A:4, I (2004). The trial court ruled that the Commission had jurisdiction. We reverse.

Flanders v. Munce's Superior Petroleum, Inc., et al., 05-C-115 (Grafton, Nov. 30, 2007)

Before the Court are several Motions in Limine seeking to exclude certain evidence and testimony, of certain witnesses. A hearing was held on November 29, 2007. By agreement, counsel appeared telephonically. The Court enters the following orders with respect to each motion.

Appeal of SAU #35 White Mountain School District, 2007-657 (N.H. S.Ct., Sep. 12, 2008)

HICKS, J. The appellant, Fire Casualty Insurance Co. of CT (carrier), insurance carrier for the White Mountain School District (district), appeals the decision of the New Hampshire Compensation Appeals Board (board) ruling that it must pay certain medical bills of the claimant, Lewis Mello. We reverse and remand.

Guy v. Town of Temple, 2007-784 (N.H. S.Ct., Aug. 21, 2008)

DUGGAN, J. The petitioner, Douglas R. Guy, appeals an order of the Superior Court (Hampsey, J.) upholding the Temple Zoning Board of Adjustment’s (ZBA) denial of his application for a junkyard license. See generally RSA 236:110-:129 (1993 & Supp. 2007). We reverse and remand.

Dupont v. New Hampshire Real Estate Commission, 2007-893 (N.H. S.Ct., Aug. 21, 2008)

HICKS, J. The petitioner, Lawrence J. Dupont, appeals an order of the Superior Court (Smukler, J.) upholding a decision of the respondent, New Hampshire Real Estate Commission (commission), sanctioning him for violating provisions of the New Hampshire Real Estate Practice Act (the Act) in connection with a sales agreement involving a manufactured home. See RSA ch. 331-A (2004 & Supp. 2007). Dupont argues that paragraphs I and VII of RSA 331-A:4 exempt him from the Act’s requirements. See RSA 331-A:4, I, VII (2004). We affirm.

Kelsey, et al. v. Town of Hanover, 2007-702 (N.H. S.Ct., Aug. 20, 2008)

BRODERICK, C.J. The petitioners, Preston T. Kelsey, II, Virginia R. Kelsey, Dirk J. Van Leeuwen, Frank Holloway, Ann Holloway, Robert McLaughry and Ann McLaughry, appeal the decision of the Superior Court (Vaughan, J.) upholding the dismissal of their appeal of a zoning permit granted by the respondent, the Town of Hanover (Town), to Jerry and Claire Strochlic. We affirm.
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