Cited by

Opinions in New Hampshire that cite Appeal of Dell, 668 A.2d 1024.

20 citing documents.

  • Appeal of The Lawson Group & a. N.H. 2022
    had a conflict of interest, entertained ill-will towards [The Lawson Group], or unalterably prejudged the facts.” Appeal of Dell, 140 N.H. 484, 497 (1995).
  • Explained Appeal of Rye School District N.H. 2020
    articulated in” Appeal of Dell.
  • Appeal of Aaron Geller, M.D. N.H. 2019
    RSA 541:13 (2007); Appeal of Dell, 140 N.H. 484, 487-88 (1995).
  • Ron L. Beaulieu & Company v. New Hampshire Board of Accountancy 212 A.3d 929 N.H. 2019
    The superior court’s task was not to determine whether it would have found differently or to reweigh the evidence, but rather to determine whether the findings were supported by competent evidence in the record.
  • Appeal of Kasey L. Dillon, P.A. & a. N.H. 2019
    Appeal of Dell, 140 N.H. 484, 487-88 (1995); RSA 541:13 (2007).
  • Brentwood Distribution, LLC v. Town of Exeter N.H. 2016
    Appeal of Dell, 140 N.H. 484, 497 (1995) (concluding that, because there was “nothing in the statutory language prohibiting consideration of [certain] factors in a reinstatement proceeding,” the New Hampshire Board of Registration in Medicine “may, in its discretion, determine that such conduct is relevant to the issue of a physician’s profession
  • Appeal of Boulard 75 A.3d 1151 N.H. 2013
    Appeal of Dell, 140 N.H. 484, 493 (1995) (‘While [a hearing officer’s] findings and conclusions are entitled to weight, they may be accepted, rejected, or modified by the board.” (citations omitted)); N.H. Admin.
  • Appeal of Pennichuck Water Works, Inc. 992 A.2d 740 N.H. 2010
    Administrative officials who serve in an adjudicatory capacity are presumed to be of conscience and capable of reaching a just and fair result.
  • Appeal of Hopkinton School District 862 A.2d 45 N.H. 2004
    *482 The board may examine the entire written record in this case and accept, reject or modify the hearing officer’s findings of fact and conclusions of law.
  • Simonsen v. Town of Derry 765 A.2d 1033 N.H. 2000
    In light of these comments, we conclude that a construction of the statute permitting municipalities to charge impact fees without adopting an impact fee ordinance, and thus perpetuating the lack of uniformity, would be illogical.
  • State v. Rattee 761 A.2d 1076 N.H. 2000
    “Because we conclude that federal law is not more favorable to the petitioner, we make no separate federal analysis.” Appeal of Dell, 140 N.H. 484, 492, 668 A.2d 1024, 1031 (1995) (quotation omitted); see Withrow v. Larkin, 421 U.S. 35, 47 (1974).
  • 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.
  • McKay v. New Hampshire Compensation Appeals Board 732 A.2d 1025 N.H. 1999
    “Administrative officials [who] serve in an adjudicatory capacity are presumed to be of conscience and capable of reaching a just and fair result.” Appeal of Dell, 140 N.H. 484, 492, 668 A.2d 1024, 1032 (1995) (quotation omitted).
  • Appeal of Trotzer 719 A.2d 584 N.H. 1998
    We address Dr. Trotzer’s State constitutional claims first, State v. Ball, 124 N.H. 226, 231, 471 A.2d 347, 350 (1983), citing federal law only as an aid to our analysis, Appeal of Dell, 140 N.H. 484, 491, 668 A.2d 1024, 1031 (1995).
  • In re Preisendorfer 719 A.2d 590 N.H. 1998
    [or] abused its discretion.” Appeal of Dell, 140 N.H. 484, 487-88, 668 A.2d 1024, 1029 (1995) (quotation and brackets omitted).
  • In re Ryan G. 707 A.2d 134 N.H. 1998
    is limited to whether the agency acted illegally with respect to jurisdiction, authority or observance of the law, whereby it arrived at a conclusion which could not legally or reasonably be made, or abused its discretion or acted arbitrarily, unreasonably, or capriciously.” Appeal of Dell, 140 N.H. 484, 488, 668 A.2d 1024, 1029 (1995) (quotation, brackets, and ellipsis omitted).
  • Appeal of Rowan 694 A.2d 1002 N.H. 1997
    The petitioner further argues that there was no evidence presented at the public hearing to support the board’s finding of professional misconduct.
  • Appeal of City of Keene 693 A.2d 412 N.H. 1997
    Whether viewed as a petition or an appeal, the case is timely before us, see Petition of Ellis, 138 N.H. 159, 160-61, 636 A.2d 62, 63 (1993), and the “only slightly” differing standards of review would not affect the outcome in this instance, Appeal of Dell, 140 N.H. 484, 487-88, 668 A.2d 1024, 1029 (1995).
  • Appeal of Grimm 692 A.2d 508 N.H. 1997
    “Because we conclude that federal law is not more favorable to the petitioner, we make no separate federal analysis.” Appeal of Dell, 140 N.H. 484, 492, 668 A.2d 1024, 1031 (1995) (quotation omitted); see Withrow v. Larkin, 421 U.S. 35 (1974).
  • Hampton Beach Casino, Inc. v. Town of Hampton 674 A.2d 979 N.H. 1996
    Appeal of Dell, 140 N.H. 484, 488, 668 A.2d 1024, 1029 (1995) (citation and quotation omitted).