Jurisdiction

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

NHCaseLaw.com — Sun, 12 Oct 2008 18:13:15 -0500

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.

Thomas v. Telegraph Publishing Co., et al., 2003-700 (N.H. S.Ct., Sep. 24, 2004)

NHCaseLaw.com — Fri, 05 Sep 2008 15:44:22 -0500

NADEAU, J. In these appeals, we are asked to determine whether the Trial Court (Groff, J.) erred in: (1) finding personal jurisdiction over four Massachusetts defendants; and (2) denying the plaintiff’s motion to amend his writ. We affirm and remand.

Daine v. Daine, 2007-565 (N.H. S.Ct., Jun. 27, 2008)

NHCaseLaw.com — Fri, 27 Jun 2008 10:55:15 -0500

BRODERICK, C.J. The defendant, Lisa Daine, appeals an order of the Littleton District Court (Cyr, J.) awarding the plaintiff, Daniel Daine, approximately $3,377.00 to cover certain household expenses that were incurred between the time of the filing of a petition for divorce and the final decree. We vacate and dismiss.

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.

Davala, et al. v. Town of Merrimack, et al., 04-E-247 (Hillsborough, South, Apr. 20, 2005)

DLG — Sun, 01 Jun 2008 23:06:58 -0500

THE STATE OF NEW HAMPSHIRE
HILLSBOROUGH, SS SUPERIOR COURT
SOUTHERN DISTRICT
04-E-0247

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

ORDER

In Re: Juvenile 2007-150, 2007-150 (N.H. S.Ct., Mar. 12, 2008)

NHCaseLaw.com — Thu, 15 May 2008 23:38:40 -0500

GALWAY, J. The juvenile appeals the denial by the Colebrook Family Division (Michalik, J.) of his motion to dismiss for lack of jurisdiction. We affirm.

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.

Appeal of Carreau, 2007-595 (N.H. S.Ct., Apr. 8, 2008)

NHCaseLaw.com — Sun, 20 Apr 2008 10:56:34 -0500

DALIANIS, J. The petitioner, Donald R. Carreau, seeks to appeal a decision of the respondent, the Board of Trustees of the City of Manchester Employees’ Contributory Retirement System (board), to offset his disability retirement pension by the amount he received from the City of Manchester to settle his workers’ compensation claim. Because we conclude that we lack jurisdiction over his appeal, we dismiss it.

State v. Foss, 03-S-426 (Merrimack, Oct. 23, 2003)

DLG — Mon, 25 Feb 2008 15:29:43 -0600

The defendant Donald Foss is charged with failure to provide child support to his two minor children in violation of RSA 639:4. Before the Court are defendant’s three separate motions to dismiss. These include: (1) RSA 639:4 is unconstitutional; (2) the defendant’s indictments are a violation of due process and (3) the Superior Court lacks jurisdiction to hear the case. The defendant also moves the Court to authorize funds that were necessary to hire a constitutional expert in providing an adequate defense. The State objects. The Court held a hearing on this matter on October 16, 2003.

Ford Construction Corp. v. TWG Construction Co., et al., 03-C-236 (Strafford, Feb. 10, 2004)

DLG — Mon, 25 Feb 2008 14:33:25 -0600

On September 17, 2003, Ford Construction Corp. (“Ford”) commenced this action against TWG Construction Co. (“TWG”) and Wal-Mart Real Estate Business Trust (“Wal-Mart”) (collectively, “the defendants”) to recover $192,692.16 it claims is due for labor and materials it provided in connection with the construction of Wal-Mart Store #3535 (“store #3535”) in Epping, New Hampshire. That same day, Ford also filed a petition for ex parte attachment, which this court granted, seeking to attach store #3535 in the amount of $192,692.16.