Cited by
Opinions in New Hampshire that cite McNamara v. Hersh, 945 A.2d 18.
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Daryl Dembiec & a. v. Town of Holderness
167 N.H. 130
N.H. 2014
Ordinarily, parties must exhaust their administrative remedies before appealing to the courts.
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Bosonetto v. Town of Richmond
48 A.3d 973
N.H. 2012
See, e.g., McNamara v. Hersh, 157 N.H. 72, 73-76 (2008); Ireland, 151 N.H. at 70.
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Surprenant v. MULCRONE
44 A.3d 465
N.H. 2012
In reviewing a motion to dismiss, our standard of review is whether the allegations in the plaintiff’s pleadings are reasonably susceptible of a construction that would permit recovery.
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Lamprey v. Britton Construction, Inc.
37 A.3d 359
N.H. 2012
I. Motions to Dismiss In reviewing a motion to dismiss, our standard of review is whether the allegations in the plaintiffs pleadings are reasonably susceptible of a construction that would permit recovery.
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Lovejoy v. Linehan
20 A.3d 274
N.H. 2011
McNamara v. Hersh, 157 N.H. 72, 73 (2008) (citation omitted).
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Billewicz v. Ransmeier
13 A.3d 116
N.H. 2010
*149 In reviewing the granting of a motion to dismiss, we normally determine whether the allegations in the plaintiffs’ pleadings are reasonably susceptible of a construction that would permit recovery.
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Gaylor v. Jeffco
999 A.2d 290
N.H. 2010
In reviewing the trial court’s grant of a motion to dismiss, we consider whether the allegations in the plaintiffs’ pleadings are reasonably susceptible of a construction that would permit recovery.
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Khater v. Sullivan
999 A.2d 377
N.H. 2010
In reviewing a trial court’s ruling on a motion to dismiss, we consider whether the allegations contained in the pleadings are reasonably susceptible of a construction that would permit recovery.
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Manchester Water Works v. Town of Auburn
999 A.2d 356
N.H. 2010
acted within proper bounds in not considering the [e]asement in determining the value, for tax-related purposes, of the [property, and in arriving at its calculation of the due payment in lieu of taxes.” In reviewing a trial court’s ruling on a motion to dismiss, we consider whether the allegations contained in the pleadings are reasonably susceptible of a construction that would permit recovery.
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Sutton v. Town of Gilford
992 A.2d 709
N.H. 2010
This legislative scheme is intended to give a local zoning board the first opportunity to pass upon any alleged *52 errors in its decisions so that the superior court may have the benefit of the zoning board’s judgment in hearing the appeal.
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COLLDEN CORP. v. Town of Wolfeboro
993 A.2d 184
N.H. 2010
RSA 677:15, IV (requiring court to “give any hearing under this section priority on the court calendar”); McNamara v. Hersh, 157 N.H. 72, 74 (2008) (policy behind administrative exhaustion requirement “based on the reasonable policies of encouraging the exercise of administrative expertise, preserving agency autonomy and promoting judicial efficiency”); K & J Assoc.
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General Insulation Co. v. Eckman Construction
992 A.2d 613
N.H. 2010
“In reviewing a motion to dismiss, our standard of review is whether the allegations in the petitioner’s] pleadings are reasonably susceptible of a construction that would permit recovery.” McNamara v. Hersh, 157 N.H. 72, 73 (2008) (quotation and brackets omitted).
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Mikell v. SCHOOL ADMINISTRATIVE UNIT NO. 33
972 A.2d 1050
N.H. 2009
In reviewing a motion to dismiss, our standard of review is whether the allegations are reasonably susceptible of a construction that would permit recovery.
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Kelsey v. Town of Hanover
956 A.2d 297
N.H. 2008
RSA 677:3 (2008) (issue not raised in motion for rehearing should not be considered by superior court unless good cause shown); McNamara v. Hersh, 157 N.H. 72, 73-74 (2008) (ZBA should have first opportunity to address alleged errors made in its decision).
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Matter of Lemieux
949 A.2d 720
N.H. 2008
In reviewing the trial court’s grant of a motion to dismiss, our standard of review is whether the allegations in the petitioner’s pleadings are reasonably susceptible of a construction that would permit recovery.