Cited by

Opinions in New Hampshire that cite McNamara v. Hersh, 945 A.2d 18.

15 citing documents.

  • 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.
  • 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.
  • 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.
  • 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.
  • Lovejoy v. Linehan 20 A.3d 274 N.H. 2011
    McNamara v. Hersh, 157 N.H. 72, 73 (2008) (citation omitted).
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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).
  • 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.
  • 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).
  • 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.