Injunctive Relief

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

NHCaseLaw.com — Sat, 15 Nov 2008 21:51:55 -0600

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.

Professional Firefighters of NH v. Healthtrust, Inc., 03-E-163 (Rockingham, Aug. 12, 2003)

glenn_milner — Wed, 03 Sep 2008 16:27:54 -0500

Before the Court is petitioner's Petition for Injunctive and Other Relief Pursuant to RSA 91-A, New Hampshire's Right-to-Know Law, seeking disclosure of certain documents and information from respondent. The Court held a hearing on this matter on May 27, 2003. Based upon the parties arguments, the evidence presented at hearing and the relevant law, the Court GRANTS petitioner's request.

Sara Realty, LLC v. Country Pond Fish and Game Club, Inc., 07-E-0204 (Rockingham, Jun. 25, 2008)

NHCaseLaw.com — Tue, 12 Aug 2008 15:14:45 -0500

The petitioner, Sara Realty, LLC, (“Sara Realty”), brings this action against Country Pond Fish and Game Club, Inc. (“CPFGC”), seeking to have the Court declare and rule that CPFGC “has and continues to engage in a private nuisance” by virtue of its “engaging in and allowing . . . outdoor gun shooting activities” without having effectuated “adequate noise control or abatement measures” after its removal of trees and vegetation and its terrain alterations within an area of its property situated close to that of Sara Realty.

Bennett, et al. v. Town of Hampstead, 2007-662 (N.H. S.Ct., Jul. 11, 2008)

NHCaseLaw.com — Fri, 11 Jul 2008 10:09:10 -0500

DUGGAN, J. In these consolidated cases, the petitioners, Christopher Bennett, Alycia Bennett, and Bennett Landscaping, Inc. (collectively Bennett), appeal two rulings by the Trial Court (McHugh, J.) concerning attorney’s fees. We hold that RSA 676:17, II (Supp. 2007) required the trial court to award attorney’s fees to the respondent, Town of Hampstead (town), because the town prevailed in its action for injunctive relief against the petitioners.

Weare Powerful v. Town of Weare, et al., 94-E-182 (Belknap, Dec. 16, 1994)

DLG — Tue, 10 Jun 2008 15:10:01 -0500

THE STATE OF NEW HAMPSHIRE
HILLSBOROUGH, SS. SUPERIOR COURT
NORTHERN DISTRICT
Weare Powerful
v.
Town of Weare, et al.
Docket No. 94-E-182
OPINION AND ORDER
LYNN, J.
This suit under the Right-to-Know Law, RSA Chapter (1) 91-A, was commenced by Weare Powerful, a non-profit group composed of citizens of the Town of Weare ("Town"), against the Town, certain present and former members of the board of selectmen, the town administrator and town counsel, by a petition filed in this court on June 6, 1994.

Doe v. Concord School Dist., SAU #8, 07-E-0388 (Merrimack, Nov. 14, 2007)

DLG — Fri, 06 Jun 2008 13:50:18 -0500

THE STATE OF NEW HAMPSHIRE
SUPERIOR COURT
MERRIMACK, SS. 07-E-0388
JANE DOE I, JANE DOE II
AND JANE DOE III
V.
THE CONCORD SCHOOL DISTRICT,
SAU #8
AND
WILLIAM HAUBRICH
ORDER

Cote v. State, 03-E-104 (Belknap, Mar. 4, 2003)

DLG — Fri, 06 Jun 2008 00:41:09 -0500

THE STATE OF NEW HAMPSHIRE
MERRIMACK, SS. SUPERIOR COURT
Roland Cote
v.
State of New Hampshire
No. 03-E-104
ORDER
The Petitioner seeks preliminary and permanent injunctive relief to enjoin the State from disclosing or releasing certain documents which relate to a criminal investigation of the Petitioner conducted by the State. The State objects. The Court held a hearing on this matter on March 3, 2003. For the reasons stated below the Petitioner's Petition for Permanent injunctive Relief is DENIED.

Carnevale v. Smith, 02-E-001 (Merrimack, Jul. 23, 2003)

DLG — Fri, 06 Jun 2008 00:13:57 -0500

On July 22, 2003, the petitioner, Henry G Carnevale, filed an ex parte request for a restraining order. The court denied the request on an exparte basis and directed the scheduling of a hearing on an expedited basis. The hearing after notice was scheduled this day. The petitioner appeared pro se. The respondent appeared with counsel. Because the petitioner has not satisfied the court that he is likely to prevail on the merits, suffer irreparable harm, or lacks an adequate remedy at law, his request for a restraining order is DENIED.

Christie v. Town of Durham, et al., 00-E-069 (Strafford, Apr. 25, 2000)

DLG — Thu, 05 Jun 2008 13:34:12 -0500

STATE OF NEW HAMPSHIRE
STRAFFORD, SS. SUPERIOR COURT
Thomas C. Christie
V.
Town of Durham and Ilene Healy, Town Administrator
00-E-069
ORDER ON PETITION FOR INJUNCTIVE RELIEF UNDER RSA 91-A

Davala, et al. v. Town of Merrimack, et al., 04-E-247 (Hillsborough, South, Jun. 28, 2004)

DLG — Sun, 01 Jun 2008 22:59:56 -0500

THE STATE OF NEW HAMPSHIRE

SUPERIOR COURT 04-E-0247
HILLSBOROUGH, SS SOUTHERN DISTRICT

James A. Davala, et al.
V.
Town of Merrimack and its Board of Selectmen

TEMPORARY INJUNCTION ORDER