Current Litigation

Below are the current court cases where the City of Dover is a litigant. The Office of the City Attorney provides a monthly update on ongoing litigation matters in the City Manager's Report. Most cases are handled in house. The use of outside counsel to handle specialty matters continues and consists of environmental matters and labor negotiations. There are a small number of attorneys hired on various smaller matters.

City of Dover, Debra Hackett v. Secretary of State for New Hampshire David Scanlan: On April 27, 2022, the City Council directed City Manager J. Michael Joyal, Jr., to pursue legal action regarding the constitutionality of the New Hampshire House redistricting legislation, signed into law that year.

The Council discussed the law at an April 27, 2022, workshop. House Bill 50 groups Dover's Ward 4 residents into two districts, both combined with other towns. At the workshop, City Attorney Joshua Wyatt discussed whether the state constitution requires the representation of Dover's Ward 4 in the House of Representatives to have at least one district that is not grouped with other towns.

On May 3, 2022, the City of Dover filed a petition with the New Hampshire Supreme Court. Legal filings for the New Hampshire Supreme Court Rule 11 Petition case can be found below:

On July 26, 2022, the City of Dover filed a complaint with the Strafford County Superior Court. In October 2022, the defendants filed a Joint Motion to Dismiss. In November 2022, the plaintiffs filed an objection, to which the defendants filed a reply. Plaintiffs filed a brief surreply memorandum. Case has not yet been scheduled for discovery. In June 2023, the Superior Court (Howard, J.) issued an Order denying the defendants’ motion to dismiss. Thereafter, the defendants moved for reconsideration, which the Court denied. In August 2023, the defendants filed an answer to the complaint. In October 2023, with the parties unable to agree on case scheduling, the Court conducted a structuring conference and issued a scheduling order. A deposition of the plaintiffs’ expert occurred in December 2023. The parties have now each filed for motions summary judgment. A four-hour summary judgment hearing occurred on February 7, 2024. In April 2024, summary judgment issued in favor of the defendants. Case is being appealed to New Hampshire Supreme Court. In May 2024, plaintiffs filed an appeal. The defendants did not file a cross-appeal. Appeal has been accepted and case is awaiting further procedural instructions on appeal. A transcript of two hearings before the trial court is now being prepared as the next step in the appeals process. Briefing order has now issued and appellants’ opening appeal brief is due in September 2024.

Legal filings for this superior court action, can be found below.

Maloney v. City of Dover: Case is pending with Rockingham Superior Court. In July 2023, the trial court granted the City summary judgment. Plaintiff thereafter filed a motion for reconsideration, which the Court has now denied. Plaintiff has filed her brief. In April 2024, the City filed an answering brief. Plaintiff is preparing a reply brief, after which the Supreme Court is expected to determine whether and when oral argument will be scheduled. In May 2024, Plaintiff filed a reply brief, completing the briefing cycle on appeal. Final appeal decision has now issued from the New Hampshire Supreme Court affirming the grant of summary judgment in City’s favor.

Opioid Epidemic Litigation: Retained services of Robbins Geller of Boca Raton, Florida for fraudulent marketing practices of pharmaceutical manufacturers. Suit filed in USDC in Concord. Case has been transferred to federal court in Ohio as part of a multi-district litigation consolidation. In 2021, the City received its first payment from the State of New Hampshire pursuant to RSA 126-A:83, II, by virtue of an opioid-related settlement entered into by the State of New Hampshire. A national settlement as to certain defendants was accepted in January 2022. Settlements or other payments in satisfaction of City claims may be forthcoming from other defendants, but would be required to be tendered to the State’s Opioid Abatement Trust Fund per RSA 126- A:83, I. Certain of the City’s opioid claims have become part of bankruptcy proceedings. Following is a list of remaining defendants with a brief note about status of each case:

Purdue companies: Claims in bankruptcy; following a Second Circuit appeal ruling, the United States trustee has filed a motion to stay while seeking a writ of certiorari (i.e., acceptance of a discretionary appeal) from the United States Supreme Court. The United States Supreme Court has now granted certiorari and the appeal is believed to be in the briefing process. In June 2024, the United States Supreme Court issued an opinion affirming rejection of the proposed settlement and stating the Sacklers, as non-debtors, could not be discharged.
Endo companies: Claims in bankruptcy, though understand a potential settlement resolution may be underway.
Mallinckrodt: Claims in bankruptcy, but money appears to have been distributed to the State of New Hampshire in January 2023.
Sacklers (Individuals): See Purdue update above.
Rite-Aid: Possible bankruptcy filing.

Mary Hebbard v. City of Dover, John & Karen Brough and Ryan Colbath: Complaint and counterclaims concerning Old Garrison Road and Sprue Lane. Partial summary judgment rulings received in February 2021. Following trial in 2021, a final trial order was issued by the Court on April 1, 2022, finding in favor of the City on the width of Spruce Lane, the location of Old Garrison Road, several disputed issues of law concerning allowable uses on public roads, and issuing an injunction requiring remedial action. The Hebbards filed a motion for reconsideration, which the Court denied. The case was then appealed by Mr. and Mrs. Hebbard. The Hebbards filed an appeal brief in June 2023. The City and other parties submitted opposing briefs in August 2023. The Hebbards have filed a reply brief, which the City moved to strike portions of and the Court has not yet ruled upon. No appeal decision has been received. Case has still not yet been scheduled for oral argument. City received a notice of several Supreme Court Justices disqualifying themselves. No appeal decision has been received. Oral argument has not been scheduled. Case is awaiting either oral argument or final appeal decision. In June 2024, the parties received an Order on the merits affirming the trial court’s rulings, granting the City’s motion to strike in part, and denying the Hebbards’ request for a new trial. In July 2024, Mr. and Mrs. Hebbard moved for reconsideration by the New Hampshire Supreme Court. While that reconsideration motion was pending, the Hebbards then filed papers to have the case moved to the United States District Court for the District of New Hampshire. The City has since moved to remand the case back to the New Hampshire Supreme Court.

City of Dover v. Mary and Rick Hebbard: Complaint filed in October 2019 concerning drainage in the Tanglewood Subdivision. Partial summary judgment rulings were received in February 2021. Case was tried by City Attorney, Deputy City Attorney, and outside counsel on April 7, 8 and 9 of April 2021. The post-trial briefing was divided into two areas: (1) injunctive relief concerning removal of a berm, and (2) remaining issues, including enforcement of a stipulated Court-Order for an underground drainage system. In May 2021, the Court issued an order granting an injunction and requiring removal of the berm and restoration of surface drainage. In September 2021, the Court issued a final Order on the remaining trial issues, finding the defendants to be in contempt of a prior stipulation and requiring that the defendant’s complete construction of the drainage project within 90 days of receiving additional materials from the City. The drainage system is now believed to be constructed and completed. The Court held an evidentiary hearing on September 9, 2022 relating to damages alleged by the defendants. No decision has issued yet on that damages hearing. The Hebbards have filed other post-hearing items since, to which the City has responded to the extent necessary. The parties are or should be in the process of fulfilling the other obligations of the earlier stipulation they entered into, which includes conveyance of an easement and a mutual release. To summarize, as of end of January 2024, the Hebbards have not yet fulfilled all of their obligations under the earlier stipulation, and the “damages” matter has been briefed and is still awaiting decision, which includes the City’s motion requesting an award attorney’s fees (and/or used to setoff of any “damages” found to be due to Mr. and Mrs. Hebbard). In April 2024, City filed a motion for status conference. On May 28, 2024, the Superior Court held a brief telephonic status conference and indicated the Court would be issuing orders on pending motions/issues in the near future. No Order has been received as of July 2024. No Order has been received as of
August 2024.

Richard Strahan v. William McNamara: Declaratory judgment and injunction action filed in U.S. District Court by a citizen against the University of New Hampshire, the Town of Durham, and the City of Dover. In the Complaint, the plaintiff alleges various claims arising out of a no-trespass order related to UNH Wildcats Transit. Outside counsel is defending this matter and has moved to dismiss the claims asserted by the plaintiff against Chief Breault. The Court denied the plaintiff’s requests for a preliminary injunction, following the most recent of which the plaintiff filed an interlocutory appeal to the U.S. First Circuit Court of Appeals. The First Circuit later dismissed the interlocutory appeal. Plaintiff moved to amend to assert claim against presiding judge. The United States District Court for New Hampshire has denied the motion to amend and has granted a motion to dismiss Chief Breault as a party. A new appeal to the First Circuit was recently filed. No appeal briefing has occurred yet. The First Circuit Court of Appeals issued an order allowing plaintiff to file brief late, but as of this report issuing no appeal briefing has occurred. In June 2024, the First Circuit Court of Appeals again issued an order allowing plaintiff to file a brief late, but as of this report issuing no appeal briefing has occurred. In July 2024, the First Circuit again extended the plaintiff’s brief submission deadline to August 9, 2024.

Garry Lane et al v. City of Dover et al.: In October 2022, abutters filed an appeal of a decision of the Zoning Board of Adjustment granting an equitable waiver of dimensional requirements. The City and other respondent have filed an answer. The City filed a certified record. The final hearing was held on March 22, 2023 and the appellants and the City each filed a memorandum with the Court. The intervenor filed a post-hearing memorandum and the appellants filed a reply to same. In October 2023, the trial court issued an Order on the merits affirming the decision of Dover’s ZBA. Mr. and Mrs. Lane have now appealed to the New Hampshire Supreme Court. The appellants have filed their brief. In April 2024, the appellees (including City) filed an answering brief. Appellants are expected to file a reply brief, after which the Supreme Court is expected to determine whether and when to hold oral argument. In May 2024, appellants filed a reply brief. Case is awaiting either oral argument or final appeal decision.

Pamela Leighton et. al. v. City of Dover et al.: In November 2022, representatives of the estates of two decedents filed a tort action in Strafford Superior Court, naming as defendants a former Dover police office and the City of Dover. In December 2022, the City and co-defendant filed answers to the Complaint. Case is now in general discovery. In October 2023, defendants filed a motion for summary judgment. Plaintiffs have objected. Defendants filed a summary judgment reply memorandum, to which the plaintiffs responded by reply in December 2023. In April 2024, the trial court granted summary judgment to the defendants. Case is currently within appeal period. No appeal has been filed and, with appeal period expiring, the summary judgment decision in favor of City is now considered the case’s final disposition.

Tibbett v. City of Dover: The City was notified in January 2023 of an appeal to Superior Court of a subdivision approval in November. In February 2023, the City filed a certified record and answer to the complaint. The City filed a memorandum of law and a hearing on the merits was held on May 1, 2023. By Order dated June 27, 2023, the Superior Court (Will, J.) affirmed the decision by the Dover Planning Board. A motion for reconsideration was thereafter filed by the party/petitioner who filed the Court appeal. By Order dated September 20, 2023 the Court denied the motion for reconsideration. The petitioner has now filed an appeal with the NH Supreme Court. The parties underwent appellate mediation, which was not successful in resolving the dispute. Case is undergoing appeal briefing. All parties have filed their briefs. Case is awaiting either oral argument or final appeal decision.

Liberty Mutual v. City of Dover: A taxpayer has filed a property tax abatement lawsuit with the Strafford County Superior Court. City has accepted service. In October 2023, the City filed an answer. Case has now been structured and is in general discovery. In April 2024, Liberty Mutual issued an expert disclosure. In May 2024, the parties convened a settlement meeting, coming out of which a tentative settlement agreement is in process. In June 2024, the parties entered into a settlement agreement, pursuant to which this case has now been resolved.

Franklin Square Apartments, LLC v. City of Dover: A taxpayer has filed a property tax abatement action with the Board of Tax and Land Appeals. The City Attorney and Deputy City Attorney have filed appearances. Case did not resolve within the mandated settlement period. Final hearing at the BTLA is now scheduled for October 2024, though that is likely to be continued to accommodate availability of taxpayer’s representative. Final hearing at the BTLA is now scheduled for January 2025.

Essential Properties, LLC v. City of Dover: A taxpayer has filed a property tax abatement action with the Strafford Superior Court. In December 2023, the City Attorney filed an appearance and answer. Case has been structured and is in general discovery.

NH Real Estate Comm. V. NE Coast to Country Realty Investments, LLC et al: In December 2023, the City received a notice of a new civil receivership action commenced by the State through its Real Estate Commission. The Court has appointed a receiver to take over the assets of a real estate agency who allegedly committed various unlawful acts. The City appears to have received the notification because one possible real estate asset of the company’s principal is owned in Dover, for which water/sewer liens have been perfected. The City Attorney filed an appearance and is monitoring the docket.

Reddyinfosys, Inc. v. City of Dover: A property owner who appealed a water/sewer assessment to the Dover Utilities Commission and later City Council has now filed a Superior Court action seeking to abate water/sewer charges. City Attorney filed an appearance and motion to continue the hearing and answer deadline, which the Court granted. In April 2024, the City filed an answer and counterclaims. In May 2024, the Superior Court issued a notice of default to plaintiff for failure to answer the City’s counterclaims. Plaintiff has been defaulted for failure to answer the City’s counterclaims. Case has been structured and is in general discovery.

Ford’s Landing Condo Assn v. Ann Lovald et al: This case appears to be one of a condominium association asserting a lien against one owner and seeking to judicially foreclose on same. City appears to have been named as holder of real estate tax lien, which the plaintiff named for purposes of determining the priority of the parties’ respective liens. City accepted service in June 2024 and is preparing an appearance and answer. In July 2024, the City Attorney and Deputy City Attorney filed appearances and answered the Complaint. In August 2024, the plaintiff and City entered into and filed a stipulation acknowledging that City’s real estate tax liens maintain first priority.