Cited by
Opinions in New Hampshire that cite In Re Kalar, 27 A.3d 756.
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Appeal of Northern Pass Transmission, LLC & a.
N.H. 2019
Administrative gloss is placed upon an ambiguous clause when those responsible for its implementation interpret the clause in a consistent manner and apply it to similarly situated applicants over a period of years without legislative interference.” Petition of Kalar, 162 N.H. 314, 321 (2011) (citation and quotation omitted).
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State v. Priceline.com, Incorporated n/k/a The Priceline Group, Inc. & a.
206 A.3d 333
N.H. 2019
Similarly, the administrative gloss doctrine applies only when a statutory provision is 9 ambiguous.3 Petition of Kalar, 162 N.H. 314, 322 (2011) (noting that “[l]ack of ambiguity in a statute or ordinance.
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Appeal of Algonquin Gas Transmission, LLC, Appeal of Public Service Company of New Hampshire d/b/a Eversource Energy
186 A.3d 865
N.H. 2018
Petition of Kalar, 162 N.H. 314, 321, 27 A.3d 756 (2011); DHB v. Town of Pembroke, 152 N.H. 314, 321, 876 A.2d 206 (2005).
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Petition of Wayne Sawyer
167 A.3d 622
N.H. 2017
Petition of Kalar, 162 N.H. 314, 318, 27 A.3d 756 (2011) (quotations and brackets *627 omitted).
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Petition of Kelly Hagenbuch
169 N.H. 555
N.H. 2017
“The only judicial review of a fair hearings decision issued by the department is by petition for a writ of certiorari.” Petition of Kalar, 162 N.H. 314, 318 (2011) (quotation and brackets omitted).
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412 South Broadway Realty, LLC & a. v. John M. Wolters, Jr. & a.
147 A.3d 417
N.H. 2016
“The applicability of collateral estoppel is a question of law that we review de novo.” Petition of Kalar, 162 N.H. 314, 321 (2011).
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Wayne Perreault v. Town of Goffstown & a.
N.H. 2016
“In its most basic formulation, the doctrine of collateral estoppel bars a party to a prior action, or a person in privity with such a party, from relitigating any issue or fact actually litigated and determined in the prior action.” Petition of Kalar, 162 N.H. 314, 320 (2011).
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Petition of Judith Tompson
N.H. 2016
“The only judicial review of a fair hearings decision issued by the department is by petition for a writ of certiorari.” Petition of Kalar, 162 N.H. 314, 318 (2011) (quotation and brackets omitted).
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William Bovaird v. New Hampshire Department of Administrative Services
166 N.H. 755
N.H. 2014
Petition of Kalar, 162 N.H. 314, 322 (2011) (noting that under the general rule of statutory construction, the word “shall” is “a command which requires mandatory enforcement” (quotation omitted)).
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Appeal of Morrissey
70 A.3d 465
N.H. 2013
administrative board when: (1) the issue subject to estoppel is identical in each action; (2) the first action resolved the issue finally on the merits; (3) the party to be estopped appeared in the first action or was in privity with someone who did; (4) the party to be estopped had a full and fair opportunity to litigate the issue; and (5) the finding at issue was essential to the first judgment.
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Appeal of Stewart
64 A.3d 989
N.H. 2013
Administrative gloss is placed upon an ambiguous clause when those responsible for its implementation interpret the clause in a consistent manner and apply it to similarly situated applicants over a period of years without legislative interference.” Petition *777 of Kalar, 162 N.H. 314, 321 (2011) (citation and quotation omitted).
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Town of Carroll v. Rines
62 A.3d 733
N.H. 2013
We construe the respondent’s argument to assert the doctrine of administrative gloss, which is a rule of statutory construction.
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Hansa Consult of North America, LLC v. Hansaconsult Ingenieurgesellschaft mbH
35 A.3d 587
N.H. 2011
That doctrine bars a party to a prior action, or a person in privity with such a party, from relitigating any issue or fact actually litigated and determined in the prior action.