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The petitioner, Acadia Insurance Company ("Acadia"), has filed a petition for declaratory judgment requesting that the court declare its obligations pursuant to insurance policies issued to the defendant, Four Star Flooring, Inc. ("Four Star"), void. Acadia seeks to avoid its insurance obligations due to the alleged fraudulent conduct of defendants, John Kallelis ("Kallelis") and Theresa Nenni ("Nenni"), formerly known as Theresa Kallelis, in filing claims for workers' compensation and underinsured motorist benefits. Nenni has filed three motions to dismiss the equity petition, all to which Acadia has objected. Upon consideration of the parties' pleadings, and for the reasons set forth herein, the court finds and rules as follows.

The plaintiff brought this malicious prosecution action seeking to recover damages flowing from a civil action previously brought by the defendant against the plaintiff. The defendant moves to dismiss this present claim arguing the claim is either barred by res judicata or by a-three year statute of limitations.

The plaintiff files this malicious prosecution action seeking damages he claims were caused as a result of the defendant's previous filing of two law suits against him and the Terry C. and Terry M. Bennett Charitable Remainder Unitrust (the trust) in Rockingham County. Specifically, the plaintiff claims that the defendant filed the lawsuits without probable cause and with the primary purpose of interfering with the plaintiff's lawful business activities. The defendant denies the allegations and argues, among other things, that the doctrines of res judicata and collateral estoppel preclude the plaintiff from recovering damages in the present case. For the reasons stated in this order, the court finds for the plaintiff in the amount of $434,000.

The petitioner in this case asks the Court to establish a constructive trust as to property owned by the respondent, Portsmouth Animal Hospital, PLLC. The property is located at 1000 Islington Street in Portsmouth, New Hampshire and is the location of the petitioner's dental clinic. Thomas Chase, the spouse of Carolyn, is the owner of the PLLC. The parties are in the midst of an acrimonious divorce which has resulted in a number of orders involving the use and occupancy of the property.

The plaintiffs, Kevin and Susan Coco (the “Cocos”), have filed an action against the defendant, Doris Jaskunas (“Jaskunas”), seeking damages or relief stemming from an adverse claim and an action to quiet title advanced by abutting property owners, Richard and Paula Porter (the “Porters”), to include attorney’s fees incurred in this action. The Cocos have moved for summary judgment, to which Jaskunas has objected. Jaskunas has filed a cross-motion for summary judgment. The Court held a telephonic hearing on March 14, 2008, and thereafter received additional legal memoranda, and documentation concerning attorney’s fees and costs breakdowns. After review of the parties’ arguments, the submissions, the pertinent facts, and the applicable law, the Court GRANTS both motions for summary judgment in part and DENIES them in part.

The extended history of this case can be found in North Country Environmental Services, Inc. v. Town of Bethlehem, 146 N.H. 348, 350-52 (2001). At stake are the interests of the Town of Bethlehem (Town) in exerting local control over the expanding private landfill operations of North Country Environmental Services, Inc. (NCES) within Town boundaries, and the interests of NCES in pursuing the essential job of accepting and processing municipal solid waste, subject to the State’s comprehensive plan for Solid Waste Management, RSA 149 – M.