Civil

1. Clare T. Daly v. the State of New Hampshire, Clare T. Daly, Trustee, the Pines Lodge Realty Trust v. the State of New Hampshire Carroll County Leasing Co. & a. v. the State of New Hampshire, No. 2002-667 (eminent domain/taking)
   Nov. 24, 2003
   Affirmed.
• Whether just compensation for the partial takings of plaintiffs’ properties by the state must include the diminution of value [of the remainders] based on the development restrictions imposed by the [zoning] ordinances.
2. Lamontagne Builders, Inc. v. Bowman Brook Purchase Group & a., No. 2002-478 (contract/business associations)
   Nov. 24, 2003
   Affirmed.
• Whether trial court exercised unsustainable discretion when it awarded damages against defendants personally and attorney’s fees against defendant and the partnership on a construction agreement.
• Whether court improperly pierced the corporate veil in holding defendant personally liable.

Municipal

1. Sanborn Regional School District v. the Budget Committee of the Sanborn Regional School District, No. 2003-290 (district authority)
   Nov. 10, 2003
   Affirmed.
• Whether the Sanborn Regional School District committee or the district has the statutory authority to fill vacancies on the budget committee. See RSA 671:33.

Criminal

1. The State of New Hampshire v. Ernest T. Madore, Jr., No. 2002-790 (repressed memory evidence)
   Nov. 7, 2003
   Affirmed.
• Whether victim’s testimony on cross-examination constituted testimony based upon repressed memory that caused him irreparable injury, entitling defendant, convicted of aggravated felonious sexual assault, a mistrial.
• Whether the superior court erred in denying defendant’s motion for discovery of the victim’s counseling records when the superior court should have permitted discovery of the victim’s counseling records.
2. The State of New Hampshire v. Christopher Boulais, No. 2002-710 (disorderly conduct)
   Nov. 7, 2003
   Reversed.
• Whether the trial court misconstrued RSA 644:2, II(b) when convicting defendant of six counts of disorderly conduct.
• Whether sufficient evidence existed that defendant’s comments created a substantial and unjustifiable risk of a violent reaction on the part of any ordinary person.
3. The State of New Hampshire v. David R. Macdonald, No. 2002-694 (jury exhibits/due process)
   Nov. 10, 2003
   Affirmed.
• Whether the trial court’s inadvertent failure to send an exhibit to the jury during deliberations violated defendant’s rights to due process and equal protection of the law when convicted of negligent homicide and leaving the scene of an accident.
4. The State of New Hampshire v. Thomas Wood, No. 2002-410 (prosecutorial misconduct)
   Nov. 10, 2003
   Affirmed.
• Whether prosecutorial misconduct warranted a new trial for defendant convicted of four counts of aggravated felonious sexual assault and one count of possession of child pornography (RSA 632-A:2, III (1996) RSA 649-A:3 (Supp. 2002)) where trial judge permitted prosecutor during close arguments to refer to defendant as a child molester over defense’s objection.
5. The State Of New Hampshire v. Cindy Grant-Chase, No. 2003-004 (criminal solicitation)
   Nov. 12, 2003
   Affirmed.
• Whether the solicitation of solicitation to murder is a crime under RSA 629:2, I.
6. The State Of New Hampshire v. William T. Winstead, No. 2002-660 (admissibility of blood alcohol test)
   Nov. 12, 2003
   Affirmed.
• Whether the trial court erred when it admitted the results of his blood alcohol test against defendant convicted of defendant of driving while intoxicated (RSA 265:82 (Supp. 2002));
7. The State Of New Hampshire v. Kenneth Gowen, No. 2003-133 (reasonable suspicion/search and seizure)
   Nov. 24, 2003
   Affirmed.
• Whether the conclusory information provided to the police by an anonymous driver amounted to the reasonable suspicion necessary to stop the truck of defendant, convicted of being a felon in possession of a dangerous weapon, (RSA 159:3 (1994) (amended 2001)), driving while intoxicated, subsequent offense, (RSA 265:82 (Supp. 2002)); )RSA 265:82-b, II (Supp. 2001) (amended 2001)), and operating after suspension, (RSA 263:64 (1993) (amended 2002)), under Part I, Art. 19 of the New Hampshire Constitution.

Workers’ Compensation

1. Appeal of Stephen v. Weaver, Jr. (New Hampshire Compensation Appeals Board), No. 2003-153 (benefits)
   Nov. 14, 2003
   Reversed and remanded.
• Whether RSA 281-A:12, titled "Injuries Outside of the State," applies to injuries occurring within New Hampshire where the injured party has received some benefits from another jurisdiction for the same injury.

Landlord/Tenant

1. Sherryland, Inc. v. Regina Snuffer, No. 2002-455 (eviction)
   Nov. 21, 2003
   Affirmed.
• Whether the trial court erred by: (1) awarding the defendant damages; (2) violating its constitutional right to prompt justice without delay; and (3) failing to find that the defendant had violated park rules, thus permitting plaintiff to eliminate the incentive discount in an eviction proceeding.
• Whether, in the park closure eviction proceeding, the trial court erred by: (1) failing to grant its motion to recuse; (2) ruling that its notice to quit did not comply with the requirements of RSA chapter 205-A; (3) ruling that the eviction action for non-payment of rent constituted an election of remedies; and (4) ruling that res judicata principles barred the park closure eviction proceeding.

Domestic Relations

1. In the Matter of David G. Blanchflower and Sian E. Blanchflower, No. 2003-050 (adultery)
   Nov. 7, 2003.
   Reversed and remanded.
• Whether a homosexual sexual relationship between a married person and another constitutes adultery within the meaning of RSA 458:7, II.
2. In the Matter of Joanne Pfeuffer and Glenn Pfeuffer, No. 2002-076 (child custody)
   Nov. 21, 2003
   Affirmed.
• Whether the respondent, on a motion to modify child custody, met the burden under Tomasko v. DuBuc, 145 N.H. 169 (2000) to show that relocation would not be in the son’s best interests.
Whether the trial court could weigh the Tomasko factors as a whole rather than individually in determining that relocation was not in the child’s best interest.

Administrative

1. New Hampshire Department of Health and Human Services v. Terry L. Bonser & a., No. 2003-065
   Nov. 12, 2003
   Affirmed.
• Whether a restaurant and snack booth are exempt from the Food Service Licensure Act, RSA 143-A:1 et seq., because they are temporary or occasional food service establishments.

Melanie Bell-Harrington has a solo practice in New London focused primarily on family, elder and business law. She also serves as special counsel to the State of New Hampshire Bureau of Securities Regulation.

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