The petitioner, Manchester Water Works (Water Works), appeals an order of the Superior Court (Lewis, J.) granting the motion to dismiss its petition for a tax abatement filed by the respondent, the Town of Auburn. The Water Works petitioned for an abatement pursuant to RSA 76:17 (2003) because its assessment did not contain a reduction for a conservation easement placed on its property. We affirm... ... ... The following facts appear in the trial court's order. The Water Works, a subdivision of...  

The defendant, James Tarasuik, appeals an order of the Superior Court (Nadeau, J.) denying his motion to suppress evidence of his possession of a controlled drug, obtained during a warrantless entry into his hotel room. We affirm... The following facts are supported by the record. In February 2008, the defendant and Rebecca Harwood lived together in a hotel room at the Hampton Village Resort in Hampton. At the time, Harwood was on probation, and, therefore, had to abide by the standard...  

In these consolidated appeals, Union Telephone Company d/b/a Union Communications (Union) appeals orders of the New Hampshire Public Utilities Commission (PUC) denying Union's motions to rescind the PUC's grants of authority to the petitioners, MetroCast Cablevision of New Hampshire, LLC (MetroCast) and IDT America, Corp. (IDT), to operate as competitive local exchange carriers in Union's service territory. We reverse and remand... The record reveals the following facts. Union is a small...  

The defendant, Jordan Belyea, appeals a decision by the Superior Court (Vaughan, J.) denying his motion to recuse the judge who was a member of the drug court team from presiding over the hearing to determine whether the defendant's participation in the Grafton County Drug Court Sentencing Program (Grafton County Program or Program) should be terminated. He also appeals the denial of his oral motions to continue the termination hearing. We affirm... ... ... I... The following facts are drawn...  

The defendant, Randy Riendeau, was found guilty of one count of driving after certification as an habitual offender and one count of driving while intoxicated (DWI), following a jury trial in Superior Court (Arnold, J.). See RSA 262:23 (Supp. 2009); RSA 265-A:2, I (Supp. 2009). He appeals, arguing that the trial court erred in granting the State's motion in limine and in its instructions to the jury. We affirm... ... ... The record evidences the following facts. On August 31, 2007, the...  

North Atlantic Refining Limited (North Atlantic) appeals an order of the Superior Court (Fauver, J.) denying its motion to dismiss for lack of personal jurisdiction. We affirm... I. Background... This is the latest appeal stemming from the State's 2003 lawsuit against refiners and manufacturers that allegedly supplied New Hampshire with gasoline containing methyl tertiary butyl ether, commonly referred to as "MTBE," to recover damages purportedly caused by contamination of groundwater...  

The defendant, Glenn Michelson, was found guilty, based upon stipulated facts, of possession of diazepam, a controlled drug. See RSA 318-B:2, I (2004) (amended 2008). He appeals an order of the Superior Court (Arnold, J.) denying his motion to suppress evidence seized as a result of a stop for a motor vehicle violation. We affirm... The trial court found or the record of the suppression hearing supports the following. On or about the evening of February 1, 2007, Sergeant Stan Andrewski of the...  

The petitioners, Charles P. Forsberg and other residents of the Kearsarge Regional School District, appeal an order of the Superior Court (Sullivan, J.) dismissing their petition for declaratory judgment. We affirm... The following relevant facts are supported by the record or are taken from our decision addressing a similar issue in Forsberg v. Kearsarge Regional School District, 156 N.H. 560 (2007). The respondent, Kearsarge Regional School District (school district), is a cooperative school...  

The appellants, Brian Woodward and other abutters of Pike Industries, Inc.'s (Pike) asphalt plant, appeal a ruling of the Superior Court (Tucker, J.) reversing the decision of the Town of Madbury Zoning Board of... ... ... Adjustment (ZBA) that Pike had discontinued its nonconforming use of its plant. We affirm in part and reverse in part... The following facts are drawn from the administrative record. Beginning prior to 1960, Pike has continuously operated an asphalt production plant in...  

The petitioners, William and Elizabeth Batchelder, appeal an order of the Superior Court (Vaughan, J.) upholding decisions of the Town of Plymouth Zoning Board of Adjustment (ZBA) and the Town of Plymouth Planning Board (Board) approving the site plan of intervenor Topsfield Real... ... ... Estate Corporation (Topsfield) for construction of a Lowe's Home Improvement Center in Plymouth. We affirm... The following facts are supported by the record. Topsfield's proposal includes the construction...  

The defendant, Soiluis Nieves, was charged with possession of a controlled drug with intent to sell and conspiracy to commit sale of a controlled drug. See RSA 318-B:2 (Supp. 2008); RSA 629:3 (2007). The State appeals an order of the Superior Court (Hicks, J.) granting the defendant's motion to suppress evidence seized under the "plain view" exception to the warrant requirement. We reverse and remand... The following facts were found by the trial court in its order on the defendant's...  

The defendant, James Kelly, appeals his conviction for violating a protective order, see RSA 173-B:9 (Supp. 2009), arguing that the Superior Court (Nicolosi, J.) erred in its answers to jury questions and by excluding evidence of a witness's allegedly false statements to police. We reverse and remand... The jury could have found the following facts. The defendant and Elizabeth Kelly were engaged and cohabited until their relationship ended in February 2006. Their separation produced an ongoing...  

The defendant, Anthony Parker, appeals his convictions for aggravated and felonious sexual assault on two minors under the age of thirteen. See RSA 632-A:2, I(1) (2007); RSA 632-A:3, III (2007). On appeal, he argues that the Superior Court (Groff, J.) erred in: (1) denying his motion to suppress; (2) denying his motion for a mistrial when a redacted portion of his interrogation was played to the jury; (3) permitting the State to ask him whether one of the complainants was lying; and (4) denying...  

The defendant, Exeter Hospital, Inc. (Hospital), appeals the November 24, 2008 order of the Portsmouth District Court (Gardner, J.) requiring the Hospital to turn over the medical records of C.T. pursuant to a search warrant. Although the Hospital complied with the warrant, it seeks clarification of its obligations in the future to produce a patient's medical records in response to a search warrant without the patient's authorization or consent. We affirm, but set forth additional procedures to...  

The respondent, Implode-Explode Heavy Industries, Inc. (Implode), appeals an order of the Superior Court (McHugh, J.) granting injunctive relief to the petitioner, Mortgage Specialists, Inc. (Mortgage Specialists). We vacate in part, reverse in part, and remand... The record supports the following facts. Mortgage Specialists is a mortgage lender. Implode operates a website, www.ml-implode.com, that ranks various businesses in the mortgage industry on a ranking device that it calls "The...  

House Bill (HB) 1146 proposes to amend RSA 265-A:7 (Supp. 2009) and RSA 265-A:8 (Supp. 2009) to eliminate the requirement that a second sample of breath taken pursuant to RSA 265-A:4 (Supp. 2009) be collected or preserved. RSA 265-A:4-:16 (Supp. 2009) comprise the statutory scheme relating to the implied consent of motor vehicle drivers to submit to blood alcohol testing. Pursuant to RSA 265-A:7, I, when the police extract a sample of blood from a person arrested for driving under the influence...  

The intervenors, Francis and Marguerite Ruel, appeal the ruling of the Superior Court (Lynn, C.J.) enforcing a settlement agreement with the plaintiff, MacThompson Realty, Inc. (MacThompson), and the ruling that it did not violate the statute of frauds. See RSA 506:1 (1997). We affirm... ... ... The following facts are supported by the record. On January 30, 2007, MacThompson filed a petition for declaratory judgment against the City of Nashua. The petition requested a ruling that would reverse...  

The defendant, Terry M. Bennett, appeals a decision of the Portsmouth District Court (DeVries, J.) finding, inter alia, that he violated the Consumer Protection Act (CPA), RSA ch. 358-A (2009), in the sale of a car to the plaintiff, Douglas C. Beer. The plaintiff cross-appeals on issues related to the award of damages. We affirm... The trial court found, or the record supports, the following facts. At the time of the transaction at issue, the defendant was a New Hampshire registered... ... ......  

The defendant, Anthony Dilboy, was convicted of two counts of manslaughter, see RSA 630:2 (2007), and two alternative counts of negligent homicide, see RSA 630:3 (Supp. 2005) (amended 2006), following a jury trial. On appeal, he argues that the Trial Court (Fauver, J.; Houran, J.) erroneously: (1) admitted toxicology evidence under New Hampshire Rules of Evidence 401, 402, 403, and 404(b); (2) denied his motion to suppress urine test results; (3) admitted evidence of lab test results in...  

The petitioners, David and Rae DuVernay, appeal a decision of the respondent, New Hampshire Department of Environmental Services (DES), denying their application for a tax exemption for two septic systems servicing their residential property. See RSA 72:12-a (Supp. 2009). We reverse... The following facts are not in dispute. The DuVernays own property adjacent to Lake Monomonac in Rindge. Their property includes two buildings: a single-family home, which is their primary residence, and a small...