Equal Protection

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

NHCaseLaw.com — Sun, 16 Nov 2008 21:23:51 -0600

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.

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.

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

NHCaseLaw.com — Fri, 16 May 2008 00:54:14 -0500

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.

State v. Daaboul, 07-S-1674 (Hillsborough, South, May. 8, 2008)

NHCaseLaw.com — Fri, 09 May 2008 15:54:18 -0500

LYNN, C.J. The defendant, George Daaboul, is charged with one count of using a computer on-line service to solicit a person he believed to be a child under age 16 to engage in sexual activity, in violation of RSA 649-B:4 (2007). The defendant has filed two motions to dismiss the indictment. The State objects. For the reasons set forth below, the motions are DENIED.

MacKenzie v. Linehan, et al., 04-E-0540 (Hillsborough, North, Mar. 27, 2008)

DLG — Fri, 25 Apr 2008 09:29:35 -0500

The plaintiff, Jay A. MacKenzie, brought the instant action alleging wrongful discharge, breach of covenant, equal protection and false imprisonment. On the morning of jury selection, the plaintiff withdrew his equal protection claim. During the trial he informed the Court that the action was also a petition for a writ of certiorari to appeal the defendant's decision to fire. The Court subsequently determined that the plaintiff's breach of covenant claim was legally merged into his wrongful discharge claim.

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

NHCaseLaw.com — Mon, 21 Apr 2008 07:51:42 -0500

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.

Verizon New England, Inc. v. City of Rochester, 2007-091 (N.H. S.Ct., Dec. 28, 2007)

NHCaseLaw.com — Sun, 13 Apr 2008 21:24:49 -0500

DUGGAN, J. The defendant, City of Rochester (city), appeals a decision of the Superior Court (Morrill, J.) ruling that the city’s taxation of the plaintiff, Verizon New England, Inc. (Verizon), for its use and occupation of public property violated Verizon’s equal protection rights. We affirm.

North Country Environmental Services, Inc. v. Town of Bethlehem, et al., 2007-419 (N.H. S.Ct., Mar. 14, 2008)

DLG — Wed, 09 Apr 2008 22:56:28 -0500

GALWAY, J. The plaintiff, North Country Environmental Services (NCES), appeals an order of the Superior Court (Lynn, C.J.) ruling in favor of the defendant, State of New Hampshire (State), on the parties’ cross-motions for summary judgment. We affirm.

Pennichuck Corp., et al. v. City of Nashua, 04-E-0062 (Hillsborough, South, Aug. 31, 2004)

DLG — Mon, 25 Feb 2008 14:08:50 -0600

THE STATE OF NEW HAMPSHIRE

HILLSBOROUGH, SS SUPERIOR COURT SOUTHERN DISTRICT

NO. 04-E-0062

PENNICHUCK CORPORATION, PENNICHUCK WATER WORKS, INC., PENNICHUCK EAST UTILITY, INC., AND PITTSFIELD AQUEDUCT COMPANY, INC.
v.
CITY OF NASHUA

OPINION AND ORDER LYNN, C.J.

State v. Guillermo and Otero, 04-S-2353, 05-S-0166 (Hillsborough, North, Mar. 1, 2006)

DLG — Sun, 24 Feb 2008 17:02:46 -0600

THE STATE OF NEW HAMPSHIRE
HILLSBOROUGH, SS.
SUPERIOR COURT
NORTHERN DISTRICT
2006

STATE OF NEW HAMPSHIRE

ALEX GUILLERMO

No. 04-S-2353

and

STATE OF NEW HAMPSHIRE

DANIEL OTERO

No. 05-S-0166

ORDER