Cited by
Opinions in New Hampshire that cite In re Walker, 641 A.2d 1021.
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In Re Kalar
27 A.3d 756
N.H. 2011
“The only judicial review of a fair hearings decision issued by the [department] is by petition for a writ of certiorari.” Petition of Walker, 138 N.H. 471, 473 (1994).
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Petition of Kilton
939 A.2d 198
N.H. 2007
II “The only judicial review of a fair hearings decision issued by the [department] is by petition for a writ of certiorari.” Petition of Walker, 138 N.H. 471, 473 (1994).
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In re Estate of Locke
813 A.2d 1172
N.H. 2002
While legislative history may be helpful in the interpretation of an ambiguous statute, it will not be consulted when the statutory language is plain.
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Pennelli v. Town of Pelham
807 A.2d 1256
N.H. 2002
We do not consider legislative history to construe a statute such as RSA 72:39-a, 1(c), which is clear on its face.
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In re Perkins
798 A.2d 596
N.H. 2002
Our review of an administrative agency’s decision on a petition for certiorari is limited to determining whether the agency has acted illegally with respect to jurisdiction, authority or observance of the law or has abused its discretion or acted arbitrarily, unreasonably or capriciously.
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Milford Lumber Co. v. RCB Realty, Inc.
780 A.2d 1259
N.H. 2001
“[W]e will not consider what the legislature might have said or add words that the legislature did not include.” Petition of Walker, 138 N.H. 471, 474 (1994).
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Longchamps Electric, Inc. v. New Hampshire State Apprenticeship Council
764 A.2d 921
N.H. 2000
“We begin by examining the plain language of the statute using the ordinary meanings of the words to determine legislative intent.” Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994).
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Powell v. Catholic Medical Center
749 A.2d 301
N.H. 2000
“The interpretation of a statute is to be decided ultimately by this court.” Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994).
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Appeal of Cote
737 A.2d 1114
N.H. 1999
Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994) (citations omitted).
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Petition of Hoyt
727 A.2d 1001
N.H. 1999
Accordingly, we look first to a statute’s plain meaning to determine legislative intent, see Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994), and refuse to consider what the legislature might have said or add language that the legislature did not see fit to incorporate in the statute.
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Appeal of Routhier
725 A.2d 665
N.H. 1999
When interpreting legislative intent from a statute as *406 written, “we will not consider what the legislature might have said or add words that the legislature did not include.” Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994).
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Appeal of Reid
722 A.2d 489
N.H. 1998
incon *253 sistent with the legislature’s intent,” we must, in the absence of ambiguity and formal legislative history, see In re Estate of Martin, 125 N.H. 690, 691, 484 A.2d 1183, 1184 (1984), derive legislative intent from the statute as written.
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In re New Hampshire Public Utilities Commission Statewide Electric Utility Restructuring Plan
722 A.2d 483
N.H. 1998
We examine the plain language of the statute to determine legislative intent.
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Rye Beach Country Club, Inc. v. Town of Rye
719 A.2d 623
N.H. 1998
“We interpret legislative intent from the statute as written, and therefore, we will not consider what the legislature might have said or add words that the legislature did not include.” Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994).
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Acadia Insurance v. McNeil
711 A.2d 873
N.H. 1998
We generally discern legislative intent from the plain language of the statute, see Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994), but we may “review legislative history to aid in our analysis,” K & J Assoc.
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New Hampshire Insurance Guaranty Ass'n v. Pitco Frialator, Inc.
705 A.2d 1190
N.H. 1998
“The interpretation of a statute is to be decided ultimately by this court.” Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994).
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Brewster Academy v. Town of Wolfeboro
701 A.2d 1240
N.H. 1997
Legislative history, however, “will not be consulted when the statutory language is plain.” Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994).
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K & J Associates v. City of Lebanon
703 A.2d 253
N.H. 1997
State v. Telles, 139 N.H. 344, 346, 653 A.2d 554, 556 (1995); Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994).
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Olson v. Town of Fitzwilliam
702 A.2d 318
N.H. 1997
Our review of the statute reveals no such grant of authority, see RSA chapter 80, and we will not add words, and thus bestow specific powers on the town, that the legislature did not see fit to include in the statute.
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Gaucher v. Cold Springs RV Corp.
700 A.2d 299
N.H. 1997
“The interpretation of a statute is to be decided ultimately by this court.” Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994).
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Lorette v. Peter-Sam Investment Properties
697 A.2d 1386
N.H. 1997
“The interpretation of a statute is to be decided ultimately by this court.” Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994).
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State v. Harnum
697 A.2d 1380
N.H. 1997
Accordingly, “[w]e interpret legislative intent from the statute as written, and therefore, will not consider what the legislature might have said or add words that the legislature did not include.” Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994).
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Appeal of Zimmerman
689 A.2d 678
N.H. 1997
e silent assumptions the legislature entertained when it enacted RSA 362:3-a and RSA 362:4, 1, matter little to our analysis; what is important for our purposes is the statutory language itself, for we construe the legislature’s intent from the statute as written, and “we will not consider what the legislature might have said or add words that the legislature did not include.” Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994).
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Cheever v. Southern New Hampshire Regional Medical Center
688 A.2d 565
N.H. 1997
We review a statute as written and will not add words that the legislature did not see fit to include.
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Estate of Frederick v. Frederick
687 A.2d 711
N.H. 1996
The same standard of review applies to the trial court’s interpretations of New Hampshire beneficiary law.
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Union Leader Corp. v. City of Nashua
686 A.2d 310
N.H. 1996
“The interpretation of a statute is to be decided ultimately by this court.” Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994).
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Arthur Whitcomb, Inc. v. Town of Carroll
686 A.2d 743
N.H. 1996
It would therefore be inappropriate for us to delve into the statutes’ legislative history for a contrary meaning.
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Johnson v. City of Laconia
684 A.2d 500
N.H. 1996
That parking lots may, on occasion, be functionally related to highways, bridges, or sidewalks does not render the statutory language ambiguous, and it is not our province to “consider what the legislature might have said or add words that the legislature did not include.” Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994).
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Rodriguez v. Webb
680 A.2d 604
N.H. 1996
We can “neither ignore the plain language of the legislation nor add words which the lawmakers did not see fit to include.” Petition of Walker, 138 N.H. 471, 475, 641 A.2d 1021, 1025 (1994) (quotation omitted).
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Ashland School District v. New Hampshire Division for Children, Yuth, & Families
681 A.2d 71
N.H. 1996
“The interpretation of a statute is to be decided ultimately by *49 this court.” Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994).
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State v. Curran
669 A.2d 798
N.H. 1995
Because the legislature’s intent on this issue is not clear from the language of the statute, we consult the statute’s legislative history.
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Appeal of the Kiwanis Club of Hudson, Inc.
663 A.2d 90
N.H. 1995
The question in this case is whether the board properly *94 interpreted RSA 72:23, V “The interpretation of a statute is to be decided ultimately by this court.” Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994).
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Appeal of Hickey
660 A.2d 1098
N.H. 1995
Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994) (citations omitted).