Cited by
Opinions in New Hampshire that cite Thomas M. Benoit & a. v. Joseph A. Cerasaro, Trustee of the Joseph A. Cerasaro Revocable …, 139 A.3d 1134.
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BDP Holdings, LLC v. The Eideard Group, LLC & a.
N.H. 2025
We review a trial court’s decision to grant equitable relief for an unsustainable exercise of discretion.
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Andrew Szewczyk & a. v. Continental Paving, Inc. & a.
N.H. 2023
When applying this standard, “[o]ur task is not to determine whether we would have found differently,” but only “to determine whether a reasonable person could have reached the same decision as the trial court on the basis of the evidence before it.” Benoit v. Cerasaro, 169 N.H. 10, 19, 21 (2016).
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Jacquelyn Lane v. Antonio Barletta
N.H. 2023
Under that standard, “[o]ur task is not to determine whether we would have found differently,” but only “to determine whether a reasonable person could have reached the same decision as the trial court on the basis of the evidence before it.” Benoit v. Cerasaro, 169 N.H. 10, 21 (2016) (quotations omitted).
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Crossings at Sleepy Hollow Cooperative, Inc. v. Town of Newmarket
N.H. 2022
We will affirm the trial court’s equitable decision if the record establishes an objective basis sufficient to sustain its discretionary judgment.
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Brittany O'Neil v. Andrew C. Wiesner
N.H. 2021
Under that standard, “[o]ur task is not to determine whether we would have found differently,” but only “to determine whether a reasonable person could have reached the same decision as the trial court on the basis of the evidence before it.” Benoit v. Cerasaro, 169 N.H. 10, 21 (2016) (quotations omitted).
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Joseph Kelly & a. v. Pine Trail Cottages Condominium Association & a.
N.H. 2021
In doing so, we determine whether the record establishes an objective basis sufficient to sustain the discretionary judgment made.
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Sullyville, LLC v. Town of Carroll
N.H. 2021
In reviewing the trial court’s grant of summary judgment, we consider evidence in the light most favorable to the nonmoving party.
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Balzotti Global Group, LLC & a. v. Shepherds Hill Proponents, LLC & a.
N.H. 2020
We review a trial court’s decision to grant equitable relief for an unsustainable exercise of discretion.
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Richard Polonsky v. Town of Bedford
N.H. 2020
gument, finding that, “[u]nder the statutory scheme, a former owner who does not pay his or her taxes and who also chooses not to repurchase his or her property suffers the loss of the property, but is still entitled to the excess proceeds of the municipality’s sale of the property.” We review the trial court’s decision whether to grant equitable relief for an unsustainable exercise of discretion.
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Mark DiMinico v. Centennial Estates Cooperative, Inc.
N.H. 2020
We review the trial court’s decision to grant equitable relief for an unsustainable exercise of discretion.
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John C. Rankin & a. v. South Street Downtown Holdings, Inc. South Street Downtown Holdings, Inc. v. TruexCullins …
N.H. 2019
Mellon, 169 N.H. 10 at 204 (“Absent an ambiguity, we will not look beyond the language of the statute to discern legislative intent.”).
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Lorraine MacDonald & a. v. Lisa Jacobs
201 A.3d 1253
N.H. 2019
The court has broad and flexible equitable powers which allow it to shape and adjust the precise relief to the requirements of the particular situation.
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Clark v. N.H. Dep't of Emp't Sec.
201 A.3d 652
N.H. 2019
Given the Act's purpose to encourage employees to come forward, see Bio Energy, 135 N.H. at 523, 607 A.2d 606, and the court's broad and flexible equitable powers, Benoit v. Cerasaro, 169 N.H. 10, 20, 139 A.3d 1134 (2016), we see no reason why the legislature would limit the court's authority to address just a fraction of the prohibited conduct enumerated by the statute while providing the labor commissioner with the authority to address all of the prohibited conduct.
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Michelle Clark v. New Hampshire Department of Employment Security & a.
N.H. 2019
Yet, RSA 275-E:4, I, explicitly authorizes the labor commissioner to enjoin all of these unlawful activities by providing the remedy of “any appropriate injunctive relief.” Given the Act’s purpose to encourage employees to come forward, see Bio Energy, 135 N.H. at 523, and the court’s broad and flexible equitable powers, Benoit v. Cerasaro, 169 N.H. 10, 20 (2016), we see no reason why the legislature would limit the court’s authority to address just a fraction of the prohibited conduct enumerate
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In the Matter of Gregory Neal and Lauren DiGiulio
184 A.3d 90
N.H. 2018
We review the trial court’s decision whether to grant equitable relief for an unsustainable exercise of discretion.
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Bellevue Properties, Inc. v. Settlers' R1, Inc. & a.
N.H. 2017
We review the trial court’s decision whether to grant equitable relief for an unsustainable exercise of discretion.
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State v. Jamie F. Letarte
151 A.3d 533
N.H. 2016
“Our task is not to determine whether we would have found differently,” but is only “to 4 determine whether a reasonable person could have reached the same decision as the trial court on the basis of the evidence before it.” Benoit v. Cerasaro, 169 N.H. 10, 21 (2016) (quotation and brackets omitted).