Intermediate Scrutiny

Alonzi v. Northeast Generation Services Co. et al., 2007-039 (N.H. S.Ct., Jan. 15, 2008)

BRODERICK, C.J. This case comes before us on interlocutory appeal from a ruling by the Superior Court (Mohl, J.), see Sup. Ct. R. 8, declining to dismiss negligence and wrongful death actions filed by the plaintiff, Michelle Alonzi, as administratrix of the estate of Glenn Hopkins, against defendant Northeast Generation Services Company (NGS). Because we overrule Park v. Rockwell International Corp., 121 N.H. 894 (1981), the touchstone case relied upon by the trial court, and uphold the constitutionality of the challenged death benefit provision of the Workers’ Compensation Law, see RSA 281-A:26, IV (1999), we reverse and remand.

Community Resources for Justice, Inc. v. City of Manchester, 2007-646 (N.H. S.Ct., Apr. 18, 2008)

BRODERICK, C.J. The defendant, the City of Manchester (City), appeals an order of the Superior Court (Barry, J.) ruling that the City’s zoning ordinance prohibiting correctional facilities in all of its zoning districts is unconstitutional as applied to the plaintiff, Community Resources for Justice, Inc. (CRJ). We affirm.
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