Declaratory Judgment

Clapp v. Goffstown School District, 07-E-0249 (Hillsborough, North, Sep. 2, 2008)

glenn_milner — Sun, 14 Sep 2008 15:50:39 -0500

Petitioner Diane Clapp ("Clapp") seeks a declaration that Respondent, the Goffstown School District ("GSD"), improperly failed to inform the New Hampshire Retirement System and its predecessor ("NHRS") of GSD's 1950 vote to enroll GSD's support staff into the NHRS. The Court held a bench trial on the matter on June 18, 2008, and finds and rules as follows.

Bates v. Vermont Mutual Ins. Co., 2007-628 (N.H. S.Ct., Jun. 13, 2008)

NHCaseLaw.com — Fri, 13 Jun 2008 11:26:40 -0500

BRODERICK, C.J. The respondent, Vermont Mutual Insurance Company (Vermont Mutual), appeals the denial by the Superior Court (Abramson, J.) of its summary judgment motion, and the grant of petitioner Marilyn Bates’ cross-motion for summary judgment. We affirm.

Town of Canaan, et al. v. Gardner, 08-E-157 (Merrimack, May. 29, 2008)

DLG — Sat, 07 Jun 2008 00:03:05 -0500

The petitioners seek a declaratory ruling that RSA 662:5 (Supp. 2007), which delineates the state representative districts, is unconstitutional. They also seek to enjoin the respondent from conducting the 2008 primary and general elections based on the current house districts. The respondent objects, and moves to dismiss the petition. By agreement of the parties, the Court conducted a consolidated preliminary and final hearing on this matter on May 22, 2008. Upon review of the parties' pleadings, their submissions, and the applicable law, the Court Finds and rules as follows.

Acadia Insurance Co. v. Four Star Flooring, Inc., et al., 03-E-0529 (Hillsborough, North, Sep. 13, 2004)

DLG — Thu, 05 Jun 2008 23:25:50 -0500

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.

City of Dover v. Union Leader Corp., 06-E-177 (Strafford, Nov. 30, 2006)

DLG — Thu, 05 Jun 2008 13:53:29 -0500

The petitioner, the City of Dover ("the City"), brings this petition for declaratory judgment, requesting clarification to this court's order in docket #04-E-173 ('the prior order") in light of a request for information under the State's Right-to-Know Law, RSA Chapter 91-A. The respondent, the New Hampshire Union Leader ("the Union Leader"), seeks the disclosure of detailed information regarding City of Dover employment salaries and benefits. The court held a hearing on this matter on November 20, 2006.

Bleiler v. Joyal, et al., 06-E-062 (Strafford, Nov. 9, 2006)

DLG — Thu, 05 Jun 2008 13:17:24 -0500

The petitioner, Edward J. Bleiler, brought a petition for declaratory judgment against the current city manager of Dover, J. Michael Joyal ("Joyal"), and the City of Dover ("Dover") (collectively "the respondents") alleging Joyal violated the City Charter. The petitioner alleges the respondents unlawfully entered into contracts without obtaining the City Council's approval after a public hearing. On June 23, 2006, the respondents moved for summary judgment arguing the petitioner's claim is moot due to the City Council's subsequent ratification of the contracts.

Allen, et al. v. City of Dover, 00-E-0231 (Strafford, Jan. 16, 2002)

DLG — Thu, 05 Jun 2008 12:37:06 -0500

STATE OF NEW HAMPSHIRE
STRAFFORD, SS SUPERIOR COUR

Guilford Allen, Brik Sweetser, and
Wayne and Patricia Taylor
v.
City of Dover

00-E-0231

FINDINGS, RULINGS AND ORDER
Pursuant to RSA 491:22, the plaintiffs seek a decree invalidating a Dover City ordinance which rezoned seven acres of City-owned land. The defendant objects. The court held a hearing on the merits and conducted a view of the subject property. For the reasons that follow, the plaintiffs' petition is GRANTED.

Akins v. Secretary, 04-E-360 (Merrimack, Oct. 13, 2005)

DLG — Mon, 26 May 2008 22:19:35 -0500

Before the Court is a Petition for Declaratory Judgment which challenges as unconstitutional the provisions of RSA 656:5 which mandate that "the names of the candidates of the party which received the largest number of votes at the last preceding state general election shall be listed first" and that within each party the candidates be listed alphabetically.

Tonnesen v. Town of Gilmanton, 2007-202 (N.H. S.Ct., Mar. 13, 2008)

NHCaseLaw.com — Thu, 15 May 2008 23:27:27 -0500

DALIANIS, J. The petitioner, Glenn L. Tonnesen, appeals the order of the Superior Court (Smukler, J.) denying his petition for a declaratory judgment that, pursuant to RSA 674:16, V (Supp. 2007), aircraft takeoffs and landings are a valid and permitted use of his property. We affirm.

McNamara et al. v. Hersh et al., 2007-225 (N.H. S.Ct., Apr. 4, 2008)

NHCaseLaw.com — Sun, 04 May 2008 01:48:48 -0500

DUGGAN, J. The petitioners, Paul and Barbara McNamara, appeal a decision of the Superior Court (Smukler, J.) dismissing their declaratory judgment petition against the respondents, Barry and Terry Hersh and the Town of Sanbornton (Town). We affirm.