This page is an unofficial LFoD record and is not legal advice. Verify the document against the official source before relying on it.
State of New Hampshire
Supreme Court accepted cases list
Issues on Appeal
The following summaries of the issues on appeal have been prepared by clerk’s office staff for the convenience of the public. The Supreme Court has neither approved nor reviewed any of the summaries. The parties’ filings and the applicable record — not these summaries — define and establish the issues that the Supreme Court will consider in a case. Please note that, in the interest of brevity, some issues in a listed case may have been combined or not summarized. In these summaries, “Rule Type” refers to the particular Supreme Court Rule under which the case has been docketed. “Type” and “Subtype” refer to the case type and case subtype, as determined in accordance with the definitions in the State Court Guide to Statistical Reporting, a publication of the Court Statistics Project (a joint project of the National Center for State Courts and the Conference of State Court Administrators).
Whether the trial court misapplied the standard for ruling on a motion to dismiss, and erroneously dismissed the plaintiffs’ equal protection claims as a result, by deciding that the plaintiffs cannot qualify as similarly situated to Group II members with ten or more years of creditable service as of January 1, 2012, notwithstanding well-pleaded factual allegations contained in the complaint supporting that the plaintiffs were similarly situated. Whether the trial court erred when it failed to acknowledge the specifically non-contractual nature of the plaintiffs’ retrospective application of law argument pursuant to Part I, Art. 23 of the New Hampshire Constitution and, instead, engaged in a wholly contract-based analysis.