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Appeal of Parkland Medical Center, et al., 2007-800 (N.H. S.Ct., Nov. 7, 2008)

DUGGAN, J. The petitioners, Parkland Medical Center, Derry Medical Center and Catholic Medical Center, appeal the decision of the New Hampshire Health Services Planning and Review Board (board) that the Elliot Health System (Elliot) is not required to obtain certificate of need (CON) review for the Elliot Medical Center at Londonderry project. See RSA ch. 151-C (2005 & Supp. 2008). We affirm.

State v. Chrisicos, 2008-135 (N.H. S.Ct., Nov. 7, 2008)

HICKS, J. The defendant, Michelle Chrisicos, appeals an order of the Superior Court (Groff, J.) sentencing her to twelve months in the House of Corrections, stand committed. The State cross-appeals, challenging the trial court’s conclusion that the home confinement provisions of RSA 262:23 (2004) (amended 2006) violate the Equal Protection Clause of the New Hampshire Constitution. See N.H. CONST. pt. I, arts. 1, 2. We reverse the ruling that RSA 262:23 is unconstitutional and affirm the sentence.

State v. Pratte, 2007-923 (N.H. S.Ct., Nov. 6, 2008)

GALWAY, J. The defendant, Dennis Pratte, appeals the denial of his motion for judgment notwithstanding the verdict (JNOV) by the Superior Court (Nadeau, J.), following his conviction for being a felon in possession of a deadly weapon. See RSA 159:3, I (2002). We reverse.

Appeal of Town of Rindge, 2008-089 (N.H. S.Ct., Oct. 31, 2008)

BRODERICK, C.J. The petitioner, Town of Rindge, appeals an order of the New Hampshire Department of Environmental Services (DES) granting the respondent, Franklin Pierce University, a tax exemption under RSA 72:12-a (2003) (amended 2006) for its wastewater treatment facility. We affirm.

Taylor v. Town of Wakefield, 2008-223 (N.H. S.Ct., Oct. 31, 2008)

DUGGAN, J. Greg and Gail Taylor, trustees of Shady Acres Realty Trust, challenge a Superior Court (Fitzgerald, J.) order affirming a decision of the Town of Wakefield Zoning Board of Adjustment (ZBA) granting, with conditions, an equitable waiver for a thirty-five-foot wide waterfront access easement from land owned by intervenors Peter and Amy Harrington over the Taylors’ waterfront lot. Because we conclude that the superior court erred in concluding that the evidence supported the ZBA finding that the intervenors met the requirements of RSA 674:33-a, I(b) (2006), we reverse.

State v. Balliro, 2007-500 (N.H. S.Ct., Oct. 30, 2008)

HICKS, J. The defendant, Anthony Balliro, appeals a ruling by the Superior Court (Fitzgerald, J.) denying a jury instruction for the justified use of deadly force to “prevent an attempt by the trespasser to commit arson.” See RSA 627:7 (2007). We affirm.

MacPherson v. Weiner, 2007-808 (N.H. S.Ct., Oct. 30, 2008)

DUGGAN, J. The defendant, Jay S. Weiner, appeals an order of the Hampton District Court (Frasier, J.) granting the request by the plaintiff, Rita MacPherson, to extend a final protective order for an additional five years. See RSA 633:3-a, III-c (2007). We affirm.

In re Guardianship of Domey, 2007-786 (N.H. S.Ct., Oct. 29, 2008)

BRODERICK, C.J. The petitioners, Larrie Bratko and George Domey, co-guardians over the person and estate of Donald Domey, the ward, appeal a decision of the Hillsborough County Probate Court (Cloutier, J.) awarding the respondent, Judith Domey, damages and support arrearages. We reverse.

In re Alexis O., 2008-133 (N.H. S.Ct., Oct. 29, 2008)

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.

Robinson v. New Hampshire Real Estate Commission, 2008-027 (N.H. S.Ct., Oct. 10, 2008)

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.
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