Regal Compassion Center, LLC & a. v. New Hampshire Department of Health and Human Services

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2018-0456, Regal Compassion Center, LLC & a.
v. New Hampshire Department of Health and Human Services,
the court on May 6, 2019, issued the following order:

Having considered the brief, the memorandum of law, and the record
submitted on appeal, we conclude that oral argument is unnecessary in this
case. See Sup. Ct. R. 18(1). We affirm.

The plaintiffs, Regal Compassion Center, LLC and Paul Morrissette, appeal
orders of the Superior Court (Kissinger, J.) dismissing their claims against the
defendant, the New Hampshire Department of Health and Human Services (the
department), for failure to state a claim. The plaintiffs contend that the trial
court erred by: (1) ruling that their application to the department did not create
a contract; (2) determining that they did not plead their fraud claim with
sufficient specificity or sufficient facts establishing that the department acted for
the purpose of inducing their reliance; (3) concluding that their promissory
estoppel claim was barred by sovereign immunity, see XTL-NH, Inc. v. N.H. State
Liquor Comm’n, 170 N.H. 653, 659 (2018); and (4) denying their motion to
amend their complaint.

As the appealing parties, the plaintiffs have the burden of demonstrating
reversible error. Gallo v. Traina, 166 N.H. 737, 740 (2014). Based upon our
review of the trial court’s well-reasoned orders, the plaintiffs’ challenges to them,
the relevant law, and the record submitted on appeal, we conclude that the
plaintiffs have not demonstrated reversible error. See id.

Affirmed.

Lynn, C.J., and Hicks, Bassett, Hantz Marconi, and Donovan, JJ.,
concurred.

Eileen Fox,
Clerk