Cited by
Opinions in New Hampshire that cite Appeal of Plantier, 494 A.2d 270.
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Evelyn Tarnawa v. Richard Goode
213 A.3d 867
N.H. 2019
“The party asserting laches bears the burden of proving both that the delay was unreasonable and that prejudice resulted from the delay.” Appeal of Plantier, 126 N.H. 500, 505 (1985) (quotation omitted).
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Appeal of Dao Nguyen
168 A.3d 1153
N.H. 2017
This court has held that the revocation of a license necessary for one’s occupation is a legally protected property right that may not be denied without affording due process.
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Appeal of Dao Nguyen
N.H. 2017
This court has held that the revocation of a license necessary for one’s occupation is a legally protected property right that may not be denied without affording due process.
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Jillian Lennartz v. Oak Point Associates, P.A. & a.
N.H. 2015
The plaintiff relies upon Appeal of Eno, 126 N.H. 650 (1985), and Appeal of Plantier, 126 N.H. 500 (1985), which she characterizes as cases in which the plaintiff’s constitutional “right was lost not due to the misconduct of the person protected by the constitution but by the misconduct of another.” She argues that allowing the State “to profit from the disadvantage caused [her] by [its] failure.
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Appeal of Professional Fire Fighters of Hudson, IAFF Local 3154
167 N.H. 46
N.H. 2014
parties involved.” Appeal of Plantier, 126 N.H. 500, 505 (1985) (quotations omitted).
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Favazza v. Braley
999 A.2d 1088
N.H. 2010
This demonstrates that the phrase “any case” in RSA 526:1 was not intended to mean literally “any case,” but, rather, “any case in superior court.” In addition, it is a well settled rule of statutory construction that in the case of conflicting statutory provisions, the specific statute controls over the general statute.
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Appeal of Pennichuck Water Works, Inc.
992 A.2d 740
N.H. 2010
The Utilities’ argument is also contrary to our well-settled rule of statutory construction “that in the case of conflicting statutory provisions, the specific statute controls over the general statute.” Appeal of Plantier, 126 N.H. 500, 510 (1985) (quotation omitted).
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Sanborn Regional School District v. Budget Committee
836 A.2d 768
N.H. 2003
Moreover, in the case of conflicting statutory provisions, the specific statute controls over the more general statute.
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Appeal of the Office of the Consumer Advocate
803 A.2d 1054
N.H. 2002
In addressing the first factor, we determine whether the interest at stake is a protected liberty or property interest.
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Town of Seabrook v. Vachon Management
745 A.2d 1155
N.H. 2000
governmental capacity, see, e.g., 17 E. MCQUILLIN, MUNICIPAL CORPORATIONS § 49.09, at 216 (3d ed. rev. 1993); 4 ANDERSON’S AMERICAN LAW OF ZONING § 29.15, at 733-34 (4th ed. 1997), the doctrine *668 that “no laches can be imputed to the government, and against it no time runs so as to bar its rights, is not law in New Hampshire.” State v. Company, 49 N.H. 240, 248 (1870); cf. Appeal of Plantier, 126 N.H. 500, 505, 509, 494 A.2d 270, 272, 275 (1985) (applying “laches-type doctrine” to bar hearing
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Appeal of Naswa Motor Inn, Inc.
738 A.2d 349
N.H. 1999
Appeal of Plantier, 126 *92 N.H. 500, 504-05, 494 A.2d 270, 272 (1985); see also Sahu v. Iowa Bd.
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Appeal of Morgan
742 A.2d 101
N.H. 1999
Such comments are not prohibited by the relatively greater informality accorded to agency proceedings, where the evidence is mainly documentary rather than testimonial, cf. Appeal of Plantier, 126 N.H. 500, 508, 494 A.2d 270, 274 (1985), and capable of independent evaluation by the board using its expertise, cf. Appeal of Dell, 140 N.H. 484, 496, 668 A.2d 1024, 1033-34 (1995); Petition of Grimm, 138 N.H at 53, 635 A.2d at 464.
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In re Preisendorfer
719 A.2d 590
N.H. 1998
We determine whether the hearing satisfied due process under a two-part test.
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Appeal of Dell
668 A.2d 1024
N.H. 1995
First, “[t]he primary purposes of RSA chapter 329 are to assure a high quality of medical care and to protect the public from persons unfit to practice medicine.” Appeal of Plantier, 126 N.H. 500, 508, 494 A.2d 270, 274 (1985).
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Healey v. New Durham Zoning Board of Adjustment
665 A.2d 360
N.H. 1995
“[T]he burden is on [the party asserting laches] to show that the complainant’s delay in bringing a complaint was not merely a result of the lack of awareness of the nature of the conduct, but that the complainant, after becoming aware of the misconduct, slept on his rights.” Appeal of Plantier, 126 N.H. 500, 508, 494 A.2d 270, 274 (1985) (quotation omitted) (applying “laches-type” doctrine to medical license revocation).
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In re Smith
652 A.2d 154
N.H. 1994
The issue before us differs from that presented in Appeal of Plantier, 126 N.H. 500, 494 A.2d 270 (1985), where we applied a “laches-type” doctrine to bar the New Hampshire Board of Registration of Medicine from revoking a physician’s license for specific acts of misconduct.
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Smith v. New Hampshire Board of Examiners of Psychologists
645 A.2d 651
N.H. 1994
We will not hold that due process requires that the board anticipate every conceivable type of misconduct in *554 which any of its licensees may indulge, and then fashion and announce a code to fit each act of misconduct.” Appeal of Plantier, 126 N.H. 500, 513, 494 A.2d 270, 278 (1985)(quotation omitted).
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In re Grimm
635 A.2d 456
N.H. 1993
We have held that a “doctor has a legally protected property right in his license to practice medicine and thus is entitled to procedural due process.” Appeal of Plantier, 126 N.H. 500, 506, 494 A.2d 270, 273 (1985).
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State v. Winslow
593 A.2d 238
N.H. 1991
‘“Due process requires that a statute proscribing conduct not be so vague as to fail to give a person of ordinary intelligence a reasonable opportunity to know what is prohibited.’” Appeal of Plantier, 126 N.H. *400 500, 513, 494 A.2d 270, 277 (1985) (quoting In re Doe, 123 N.H. 634, 641, 465 A.2d 924, 929 (1983)).
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In re Crane
564 A.2d 449
N.H. 1989
Where two statutory provisions conflict, the specific statute controls over the general one.
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Barton v. H.D. Riders Motorcycle Club, Inc.
550 A.2d 91
N.H. 1988
See, e.g., Carbonneau v. Town of Rye, 120 N.H. 96, 98, 411 A.2d 1110, 1112 (1980) (“injurious, noxious or offensive to the neighborhood” an enforceable standard); see also In re Doe, 123 N.H. 634, 642, 465 A.2d 924, 929 (1983) (authoritative construction can cure vagueness); Appeal of Plantier, 126 N.H. 500, 513, 494 A.2d 270, 278 (1985) (otherwise vague statute not unenforceable where applicable “without question”).
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Riblet Tramway Co. v. Stickney
523 A.2d 107
N.H. 1987
Our initial inquiry is whether there is a protected liberty or property interest at stake.
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Midway Excavators, Inc. v. Chandler
522 A.2d 982
N.H. 1986
For the plaintiff to assert a successful due process claim, it must first assert that a protected liberty or property interest is at stake.
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Appeal of Catholic Medical Center
515 A.2d 1205
N.H. 1986
Second, it must be determined whether the procedures afford the appropriate procedural safeguards.” Appeal of Plantier, 126 N.H. 500, 505-06, 494 A.2d 270, 272 (1985); Appeal of Portsmouth Trust Co., 120 N.H. 753, 756, 423 A.2d 603, 605 (1980).