Académique Documents
Professionnel Documents
Culture Documents
** * * * * * * * * * * * * * * *
*
JAMES CAREW AND ALFRED J.T.
RUBEGA
*
V. 91-E-532-B
*
STATE OF NEW HAMPSHIRE
*
* * * * * * * * * * * * * * * * *
ORDER
to this motion and have filed a motion for summary judgment. The
but asserts that if the Court does 'not dismiss this action, summary
the meaning of that statute. Finally, the State claims that this
officers of the State may only be removed for cause. Thus, the
plaintiffs claim that they each have a due process property interest
3
of this State." Blake v. State, 115 N.H. 431, 434 (1975); see also
King v. Thomson, 119 N.H. 219, 221 (1979). Additionally, the plain-
tiffs claim that Chapter 355 of the Laws of 1991 which abolishes
Hanover Ins. Cos., 127 N.H. 723, 724-25 (1986) (quoting Lawton v.
Great Southwest Fire Ins. Co., 118 N.H. 607, 610 (1978)). The
318, 320 (1985)). Construing the facts as pleaded in the light most
dismissal is inappropriate.
the Court must apply the applicable law and render summary judgment
and the State gave the plaintiffs a due process property interest
Council, 127 N.H. 742, 744 (1986), public employment coupled with
119 N.H. 219 (1979), a case involving the wrongful removal of John
conceded that:
and the State were set forth in former RSA 400-A:43 and :46 and
hand. When Ms. Bastian accepted her commission pursuant to the terms
6
of RSA 98:9, she had prospective notice that RSA 98:9 was scheduled
for repeal under the terms of the State's sunset law. Bastian, 829
one-year commission. Id. Ms. Bastian filed her suit when the State
failed to renew her second commission after its term expired. Id.
Const. Pt. II, Art. 46 and 47), impeachment (N.H. Const. Pt. II,
Art. 38), address for cause (N.H. Const. Pt. II, Art. 73), removal
Art. 23). The legislature did not use one of the permissible means
3 N.H. 473, 479 (1826)). To the extent that Chapter 355 of the
the plaintiffs, the Court need not reach the plaintiffs' claims
under the wage claims act and the state and federal contracts
clauses.
So Order ed.
George L. Manias
Presiding Justice