Pro Se Litigant (5)
Sun, 11/16/2008 - 22:58 — NHCaseLaw.com
GALWAY, J. The plaintiff, Jose Hilario, appeals an order of the Superior Court (Lynn, C.J.) dismissing his legal malpractice action against the defendant, Attorney Neil J. Reardon. We reverse and remand.
Sun, 10/12/2008 - 18:13 — NHCaseLaw.com
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.
Mon, 10/06/2008 - 20:09 — NHCaseLaw.com
Per Curiam. We affirm the judgment substantially for the reasons enumerated in the district court's opinion, see 2007 WL 2011273 (D.N.H. 2007), adding only the following comments. This case raises a single issue involving the so-called "postal-matter exception" to the Federal Tort Claims Act. That exception preserves sovereign immunity for "[a]ny claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matters." 28 U.S.C. § 2680(b). The question is whether the theft or concealment of mail--in this case, political campaign flyers that were diverted by a partisan postal employee to prevent them from being delivered to voters shortly before a municipal election--falls within that provision. The district court deemed the exception applicable and thus dismissed for lack of jurisdiction.
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.