PROPERTY (46)

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.

Liam Hooksett, LLC v. Boynton, et al., 2007-675 (N.H. S.Ct., Aug. 20, 2008)

DUGGAN, J. The defendants, Robert Boynton and Tina LaRochelle (tenants), appeal a decision of the Hooksett District Court (LaPointe, J.) ruling against them in an action by the plaintiff, Liam Hooksett, LLC, for unpaid rent and possession of certain property based upon nonpayment of rent. See RSA 540:13 (2007). We hold that the plaintiff failed to establish that it is the owner or lessor of the property at issue. See RSA 540:12 (2007). We further hold that, because the plaintiff filed an action to recover both possession and unpaid rent against the tenants, the tenants were statutorily entitled to raise any defense, claim, or counterclaim in response to the plaintiff’s action. See RSA 540:13, III (2007). Accordingly, we reverse.

Sara Realty, LLC v. Country Pond Fish and Game Club, Inc., 07-E-0204 (Rockingham, Jun. 25, 2008)

The petitioner, Sara Realty, LLC, (“Sara Realty”), brings this action against Country Pond Fish and Game Club, Inc. (“CPFGC”), seeking to have the Court declare and rule that CPFGC “has and continues to engage in a private nuisance” by virtue of its “engaging in and allowing . . . outdoor gun shooting activities” without having effectuated “adequate noise control or abatement measures” after its removal of trees and vegetation and its terrain alterations within an area of its property situated close to that of Sara Realty. See particularly Petition for Declaratory Relief and Injunctive Relief, III, B. and C. and IV, 1 and 2. The petitioner seeks, as well, to have the Court issue injunctive relief prohibiting CPFGC “from engaging in and allowing any outdoor shooting activities until and unless . . . . [it] has implemented adequate noise control measures.” Id.

Carnevale v. Smith, 02-E-001 (Merrimack, Jul. 23, 2003)

On July 22, 2003, the petitioner, Henry G Carnevale, filed an ex parte request for a restraining order. The court denied the request on an exparte basis and directed the scheduling of a hearing on an expedited basis. The hearing after notice was scheduled this day. The petitioner appeared pro se. The respondent appeared with counsel. Because the petitioner has not satisfied the court that he is likely to prevail on the merits, suffer irreparable harm, or lacks an adequate remedy at law, his request for a restraining order is DENIED.

Bennett v. N.H. Board of Medicine, 05-E-478 (Merrimack, Feb. 28, 2006)

The petitioner, Terry M. Bennett, M.D., brought an action under RSA chapter 91-A seeking an order requiring the New Hampshire Board of Medicine ("Board") to hold certain of its deliberations in public sessions. The Court held a hearing on the matter on December 12, 2005 and issued an order on December 15, 2005. Before the Court are the Board's Motion to Reconsider and Motion to Stay the Court's December 15, 2005 order. The petitioner objects to both motions. Considering the parties' arguments and the relevant law, the Court finds and rules as follows.

Douglas v. Douglas, 97-M-19 (Rockingham, Sep. 3, 1997)

The Court held a hearing on August 13, 1997, for continued argument on pending motions. The plaintiff, the intervenor, and the co-respondent were represented by counsel. The defendant appeared pro se.

Foley v. Wheelock, 2007-249 (N.H. S.Ct., May. 30, 2008)

BRODERICK, C.J. In this action to partition real property, the petitioner, Richard N. Foley, appeals an order of the Rockingham County Probate Court (O’Neill, J.) allowing the respondent, Timothy S. Wheelock, to purchase the subject property after an unsuccessful public auction at a lower price than the court-ordered reserve. Foley also challenges an order requiring him to subsidize Wheelock’s rental of an off-site office during the pendency of the sale. We affirm.

Glick v. Chocorua Forestlands Limited Partnership, 00-E-137 (Carroll, Feb. 9, 2005)

Order in reference to the defendant's Motion for Summary Judgment (filed 12/6/04) and the plaintiff's Objection thereto (filed 1/5/05). Subsequent to review of the parties' pleadings and the applicable law, the Court renders the following determination(s).

Bennett v. N.H. Board of Medicine, 05-E-478 (Merrimack, Jun. 30, 2006)

The petitioner, Terry M. Bennett, M.D., originally brought this action challenging the manner in which the New Hampshire Board of Medicine ("Board") had been investigating and adjudicating complaints against him. The petitioner now moves for an injunction barring the Board from taking any further action relative to the complaints against him. The Board objects. The Court held a hearing on the motion on May 11, 2006. Considering the parties' arguments and the relevant law, the Court finds and rules as follows.
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