Summary Judgment (39)

Tarbell Administrator, Inc., et al. v. City of Concord, 2008-025 (N.H. S.Ct., Sep. 12, 2008)

DUGGAN, J. The plaintiff, Tarbell Administrator, Inc., as trustee of the Tarbell Family Revocable Trust (Tarbell), appeals an order of the Trial Court (Conboy, J.) granting summary judgment in favor of the defendant, City of Concord (City). We hold that the doctrine of discretionary function immunity bars Tarbell’s negligence claims alleging that the City failed to properly construct a dam and failed to properly control and regulate the water level, but does not preclude Tarbell’s remaining claims. Accordingly, we affirm in part, reverse in part, and remand.

Thomas v. Telegraph Publishing Co., et al., 2005-751 (N.H. S.Ct., May. 1, 2007)

DUGGAN, J. The plaintiff, Terry T. Thomas, appeals, and the defendants, Telegraph Publishing Company (Telegraph), Terrence L. Williams, Joshua Trudell, Town of Hudson (Town), Michael Gosselin, Roland Anderson, Albert Droney, Gene Bousquet, and Edith Flynn, cross-appeal an order of the Trial Court (Groff, J.) granting summary judgment in favor of the defendants. We affirm in part, reverse in part, vacate in part and remand.

Thomas v. Telegraph Publishing Co., et al., 02-C-0466 (Hillsborough, South, Aug. 19, 2008)

This case comes before the Court on remand from the New Hampshire Supreme Court for further proceedings on the plaintiffs action for defamation. See Thomas v. Telegraph Publ'g Co., 155 N.H. 314 (2007). The defendants, Michael Gosselin, the Town of Hudson, Roland Anderson, Gene Bousquet, and Albert Droney (collectively "the police defendants") as well as the Telegraph Publishing Company, Joshua Trudell, and Terrence Williams (collectively "the Telegraph defendants"), have filed separate Motions for Summary Judgment on the ground of qualified privilege. The plaintiff objects. For the reasons set forth herein, the Court GRANTS their motions.

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.

MBNA Bank America, NA v. Cornock, 03-C-0018 (Hillsborough, North, Mar. 20, 2007)

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.

Christiansen v. Kunze, 07-C-0004 (Cheshire, Feb. 14, 2008)

NOW COMES the plaintiff, Heath Christiansen, by and through his attorneys, Schuster, Buttrey & Wing, P.A., and, by way of Objection to the defendant’s Motion for Summary Judgment As To The Measure of Medical Expense Damages, respectfully states as follows:

Bates v. Vermont Mutual Ins. Co., 2007-628 (N.H. S.Ct., Jun. 13, 2008)

BRODERICK, C.J. The respondent, Vermont Mutual Insurance Company (Vermont Mutual), appeals the denial by the Superior Court (Abramson, J.) of its summary judgment motion, and the grant of petitioner Marilyn Bates’ cross-motion for summary judgment. We affirm.

Brown v. Ever Better Eating, Inc., 02-E-037 (Merrimack, Nov. 7, 2002)

Lisa Brown appeals the January 31, 2002 decision of the New Hampshire Commission for Human Rights (the "Commission") finding no probable cause that her employer, Ever Better Eating, Inc. ("EBE") was responsible for sexual harassment that occurred at the workplace. EBE moves for summary judgment. Ms. Brown objects, and also moves for summary judgment. After considering the parties' motions, the Court finds and rules as follows.

Bleiler v. Joyal, et al., 06-E-062 (Strafford, Nov. 9, 2006)

The petitioner, Edward J. Bleiler, brought a petition for declaratory judgment against the current city manager of Dover, J. Michael Joyal ("Joyal"), and the City of Dover ("Dover") (collectively "the respondents") alleging Joyal violated the City Charter. The petitioner alleges the respondents unlawfully entered into contracts without obtaining the City Council's approval after a public hearing. On June 23, 2006, the respondents moved for summary judgment arguing the petitioner's claim is moot due to the City Council's subsequent ratification of the contracts. On July 31, 2006, the petitioner filed an objection to respondent's motion for summary' judgment and seeks rescission of the subject contracts. After reviewing the parties' arguments and the applicable law, the court finds and rules as follows.

Davala, et al. v. Town of Merrimack, et al., 04-E-247 (Hillsborough, South, Feb. 25, 2005)

The petitioners, James A. Davala, et al., brought this petition in equity against the respondents, the Town of Merrimack and its Board of Selectmen, seeking damages and other relief arising from the respondents' termination of certain retirement benefit plans. The respondents seek summary judgment. For the following reasons, the motion is GRANTED in part and DENIED in part.
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