CIVIL PROCEDURE (161)
Fri, 08/22/2008 - 21:18 — NHCaseLaw.com
GALWAY, J. The plaintiffs, Howard Joseph Guyotte and Louise A. Guyotte, appeal, and the defendants, Michael O’Neill and Bay Shores Building and Remodeling, LLC, cross-appeal, from a jury verdict in Superior Court (Smukler, J.) in favor of the defendants. We affirm.
Fri, 08/22/2008 - 21:09 — NHCaseLaw.com
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.
Tue, 08/19/2008 - 20:48 — DLG
Petitioners, Suzanne and Todd Adamcryck, bring this pro se appeal of the decision of the City of Concord Zoning Board of Adjustment ("ZBA" or "the Board") granting variance requests by the intervenor, Laconia Savings Bank ("LSB"). The City and LSB object to the relief requested by the petitioners. After hearing and upon consideration of the parties' oral and written arguments, the record, and applicable law, the Court finds and rules as follows.
Tue, 08/19/2008 - 20:30 — DLG
The plaintiff, Carolyn Dickerson, has brought suit against her former employer, the defendant, Roger Phillips, D.M.D., alleging wrongful termination. Before the Court is the defendant's motion to dismiss. For the following reasons, the motion to dismiss is granted in part and denied in part.
Tue, 08/12/2008 - 15:14 — NHCaseLaw.com
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.
Wed, 08/06/2008 - 21:05 — NHCaseLaw.com
BRODERICK, C.J. This is an interlocutory appeal, see Sup. Ct. R. 8, from rulings of the Portsmouth Family Division (DeVries, J.), entered on the recommendation of a Marital Master (Fishman, M.), denying the respondent’s motion to dismiss. We affirm and remand.
Mon, 07/07/2008 - 10:05 — Roger B. Phillips
In this civil action, the plaintiff, MBNA America Bank, NA ("MBNA"), sought to enforce an arbitration award against the defendant, Troy T. Cornock ("the defendant"). On March 20, 2007, the Court granted summary judgment in favor of the defendant and found that the arbitration award was unenforceable as a matter of law. However, the defendant has filed multiple counterclaims against MBNA which require resolution. Presently before the Court are the defendant's: (1) Motion to Compel Answers to Interrogatories and for Sanctions; (2) Motion to Compel Production of Documents; and (3) Motion to Add Additional Cross Party Plaintiff. MBNA objects to all the motions. The Court held a hearing on the matter on May 3, 2007. After consideration of the pleadings, argument, and applicable law, the Court finds and rules as follows.
Mon, 07/07/2008 - 09:41 — Roger B. Phillips
In this civil action, the plaintiff, MBNA America Bank, NA ("MBNA"), seeks to enforce an arbitration award against the defendant, Troy T. Cornock ("the defendant"). Presently before the Court is the defendant's motion for summary judgment. MBNA objects. After consideration of the parties' pleadings, evidence, argument, and applicable law, the Court grants the defendant's motion.
Wed, 07/02/2008 - 16:05 — NHCaseLaw.com
DUGGAN, J. The petitioner, Hogan Family Enterprises, Ltd. (Hogan), appeals orders of the Superior Court (Lewis, J.) denying its motion to return the matter to the trial docket, and granting a motion of the respondent, Town of Rye (town), to enforce a settlement. We affirm.
Mon, 06/23/2008 - 16:55 — NHCaseLaw.com
NOW COMES the defendant, Donald Laro, by his attorneys, Wiggin & Nourie, P.A., and files this objection to plaintiffs' motion to compel, and states as follows: