Sat, 11/15/2008 - 22:59 — NHCaseLaw.com
DUGGAN, J. The petitioner, Dan’s City Auto Body (Dan’s City), appeals an order of the Penalty Appeals Board (PAB) of the New Hampshire Department of Labor (NHDOL), which imposed a penalty of $20,000 for 125 violations of New Hampshire labor laws. We hold that the evidence was insufficient to support 105 of the cited violations, but was sufficient to support the other twenty. Accordingly, we reverse in part and affirm in part.
Sat, 11/08/2008 - 15:04 — NHCaseLaw.com
The motion for remittitur in this case is denied. Where parties are unsatisfied by a jury's award of damages, they may seek to alter the amount of the verdict through a motion for additur or remittitur.
Fri, 10/31/2008 - 18:02 — NHCaseLaw.com
DALIANIS, J. The natural mother, J.M., appeals the ruling of the Plymouth Family Division (Rappa, J.) that the Interstate Compact on the Placement of Children (ICPC), see RSA ch. 170-A (2002), applied to its decision allowing her to retrieve her daughter, Alexis O., from New Hampshire and return with her to Arizona, after having determined that the New Hampshire Division for Children, Youth and Families (DCYF) failed to prove that the mother had neglected her. The trial court ruled that because the ICPC applied, it could not allow the mother to take her daughter to Arizona until Arizona authorities had notified DCYF that this placement did not appear to be contrary to the child’s interests. See RSA 170-A:1, Article III(d). We reverse and remand.
Sun, 10/26/2008 - 12:32 — NHCaseLaw.com
HICKS, J. The petitioners brought this action in 2005 seeking a declaratory judgment that House Bill (HB) 616, the statute previously governing education funding and allocation, was unconstitutional. At the conclusion of the proceedings below, the Superior Court (Groff, J.) declared the legislation unconstitutional on its face because HB 616 “failed to fulfill [the State’s] duty to define a constitutionally adequate education, failed to determine the cost of an adequate education, . . . failed to satisfy the requirement of accountability, and . . . create[d] a non-uniform tax rate in violation of Part II, Article 5 of the New Hampshire Constitution.” Londonderry Sch. Dist. v. State, 154 N.H. 153, 155 (2006).
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.
Mon, 06/02/2008 - 17:01 — DLG
Before the court is the Rye Board of Selectmen's ("BOS") appeal of a Rye Zoning Board of Adjustment ("ZBA") decision regarding a proposed condominium conversion sought by Intervenor 228 Maple Street, LLC, consolidated with 228 Maple Street, LLC's action bringing legal and equitable claims against the Town of Rye.
Fri, 05/16/2008 - 00:24 — NHCaseLaw.com
GALWAY, J. The petitioner, Donald W. Murdock, appeals the decision of the New Hampshire Personnel Appeals Board (PAB) affirming his dismissal from employment by the respondent, the New Hampshire Department of Transportation (DOT), following his receipt of three written warnings for the same offense within a five-year period. N.H. Admin. Rules, Per 1001.08(b)(1) (current version at 1002.08(c)(1)). We affirm in part, reverse in part, and remand.