Cited by

n is that he “has a right to pursue a public education” and that right is “inhibited by NHIAA’s illegally promulgated rules.” 3 The claims raised in a declaratory judgment action must “be of a nature which will permit an intelligent and useful decision to be made through a decree of a conclusive character.” Asmussen v. Comm’r, N.H. Dep’t of Safety, 145 N.H. 578, 587 (2000) (quotation omitted).

RSA 541-A:24; see Asmussen v. Comm’r, N.H. Dep’t of Safety, 145 N.H. 578, 586-87 (2000).

Asmussen v. Comm’r, N.H. Dep’t of Safety, 145 N.H. 578, 584-85 (2000); Sup.

Generally, “[i]n evaluating whether a party has standing to sue, we focus on whether the party suffered a legal injury against which the law was designed to protect.” Libertarian Party of N.H. v. Sec’y of State, 158 N.H. 194, 195 (2008) (quoting Asmussen v. Comm’r, N.H. Dep’t of Safety, 145 N.H. 578, 587 (2000)).

Asmussen v. Comm’r, N.H. Dep’t of Safety, 145 N.H. 578, 584-85 (2000) (noting that, regardless of which party files it, a timely-filed post-trial motion will stay the appeal period under Supreme Court Rule 7).

See, e.g., Van Der Stok, 151 N.H. at 685 (regarding bad faith); Asmussen v. Comm’r, N.H. Dep’t of Safety, 145 N.H. 578, 596 (2000) (regarding substantial benefit); see also Dow v. Town of Effingham, 148 N.H. 121, 133 (2002) (“In this case, the plaintiff is not entitled to attorney’s fees because he is not the prevailing party.”).

ecessary for an adequate defense.” RSA 604-A:l. The New Hampshire Association of Criminal Defense Lawyers, appearing as amicus, submits that the use of the word “shall” in the declaration of purpose “suggests that no other provision of the Chapter should be casually construed to deprive a class of indigent criminal defendants of this statutory right.” See Asmussen v. Comm’r, N.H. Dep’t of Safety, 145 N.H. 578,586 (2000) (statutes will not be construed in away that “nullifies, to an appreciable e

he had an adequate avenue for relief, which he forfeited by failing to pursue it in a timely fashion.” Finally, the petitioner argues that he is entitled to his attorney’s fees because the Town acted in bad faith, see Harkeem v. Adams, 117 N.H. 687, 690-91 (1977), or, in the alternative, because the litigation conferred a public benefit, see Asmussen v. Comm’r, N.H. Dep’t of Safety, 145 N.H. 578, 596 (2000).

Asmussen v. Comm'r N.H. Dep’t of Safety, 145 N.H. 578, 590-91 (2000).

Asmussen v. Comm’r, N.H. Dep’t of Safety, 145 N.H. 578, 586 (2000).

See, e.g., Asmussen v. Comm’r N.H. Dep’t of Safety, 145 N.H. 578, 588 (2000) (stating that “a challenge to a party’s standing on the ground that no actual controversy exists constitutes a challenge to the court’s subject matter jurisdiction, which may be raised at any point in the proceedings”).

Asmussen v. Comm'r, N.H. Dep’t of Safety, 145 N.H. 578, 587 (2000).

Asmussen v. Comm'r, N.H. Dep't of Safety, 145 N.H. 578, 587, 766 A.2d 678 (2000).

“In evaluating whether a party has standing to sue, we focus on whether the party suffered a legal injury against which the law was designed to protect.” Asmussen v. Comm’r, N.H. Dep’t of Safety, 145 N.H. 578, 587 (2000) (quotations and brackets omitted).

at 84; see Asmussen v. Comm’r, N.H. Dep’t of Safety, 145 N.H. 578, 585 (2000) (distinguishing Germain on the basis that the issues that remained following the court’s order in that case were not severable from those in the court’s order).

Where an agency’s efforts “effect substantive changes binding on persons outside the agency, the agency’s policy constitutes a ‘rule’ that must be promulgated pursuant to the APA.” Asmussen v. Comm’r, N.H. Dep’t of Safety, 145 N.H. 578, 592-93 (2000).

Asmussen v. Comm’r, N.H. Dep’t of Safety, 145 N.H. 578, 588 (2000); Route 12 Books & Video v. Town of Troy, 149 N.H. 569, 575 (2003).

The general rule is that “a challenge to a party’s standing on the ground that no actual controversy exists constitutes a challenge to the court’s subject matter jurisdiction, which may be raised at any point in the proceedings.” Asmussen v. Comm’r, N.H. Dep’t of Safety, 145 N.H. 578, 588 (2000).

Asmussen v. Comm’r, N.H. Dep’t of Safety, 145 N.H. 578, 592-93 (2000); see also RSA 273-A:2, VI (PELRB may make, in the manner prescribed by RSA chapter 541-A, such rules as may be necessary to carry out the provisions of RSA chapter 273-A).

Asmussen v. Comm’r, N.H. Dep’t. of Safety, 145 N.H. 578, 592-93 (2000).

Asmussen v. Comm’r, N.H. Dep’t. of Safety, 145 N.H. 578, 590, (2000).