Connell's New & Used Cars, Inc. v. State

Decision Date20 June 1977
Docket NumberNo. 7727,7727
Citation117 N.H. 531,375 A.2d 257
PartiesCONNELL'S NEW & USED CARS, INC. v. STATE of New Hampshire.
CourtNew Hampshire Supreme Court

Sheehan, Phinney, Bass & Green and Lee W. Mercer, Manchester, for plaintiff.

David H. Souter, Atty. Gen., and Anne E. Cagwin, Concord, atty., for the state.

DOUGLAS, Justice.

This is an action challenging the suspension for one year of the plaintiff's permit to inspect school buses. An unannounced school bus inspection conducted by the department of safety, division of motor vehicles on November 26, 1976, revealed various defects in two buses which had been inspected and passed by the plaintiff during the previous month. A hearing was held before the division of motor vehicles, at which it was determined that pursuant to RSA 260:14 V (Supp.1975) the plaintiff's inspection privileges as to all vehicles would be suspended for a period of one month, and its school bus inspection privileges would be revoked for one year. The plaintiff requested a rehearing, which the department denied. The plaintiff then brought an appeal before this court under the provisions of RSA ch. 541, which provide for direct appeal to the supreme court from the denials of petitions for rehearing by various commissions only when such action is "authorized by law." RSA 541:2; Tasker v. N. H. Personnel Commission, 115 N.H. 204, 338 A.2d 543 (1975); Petition of Dondero, 94 N.H. 236, 51 A.2d 39 (1947). No such authorization is present in the instant case, however, and the provisions of RSA ch. 541 are therefore not available to the plaintiff. Tasker supra; Hilton v. Special Board, 111 N.H. 381, 284 A.2d 917 (1971); Winn v. Jordan, 101 N.H. 65, 133 A.2d 485 (1957).

Where a chapter 541 petition is incorrectly brought, however, our practice permits us to consider it as a petition for a writ of certiorari, entitling the plaintiff to the limited determination of whether the commission in question acted "illegally in respect to jurisdiction, authority or observance of the law." Winn v. Jordan, supra at 67, 133 A.2d at 487; Cloutier v. State Milk Control Board, 92 N.H. 199, 203, 28 A.2d 554, 557 (1942). Certiorari may be invoked to review issues of fact only upon the restricted inquiry whether the finding or verdict could reasonably have been made. Id.; Goldsmith v. Kingsford, 92 N.H. 442, 32 A.2d 810 (1943). In the instant case, there is evidence in the record to support the department's findings that a kingpin found defective in one...

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9 cases
  • Melton v. Personnel Commission, 78-168
    • United States
    • New Hampshire Supreme Court
    • May 9, 1979
    ...right to relief is clear. See generally Wilson v. Personnel Comm'n, 117 N.H. 783, 378 A.2d 1375 (1977); Connell's New & Used Cars, Inc. v. State, 117 N.H. 531, 375 A.2d 257 (1977); Forrest v. Personnel Comm'n, 116 N.H. 203, 358 A.2d 408 (1976); Winn v. Jordan, 101 N.H. 65, 133 A.2d 485 (195......
  • Wood v. General Elec. Co.
    • United States
    • New Hampshire Supreme Court
    • May 9, 1979
    ...a tribunal has made an error of law. See Wilson v. Personnel Comm'n, 117 N.H. 783, 378 A.2d 1375 (1977); Connells New & Used Cars, Inc. v. State, 117 N.H. 531, 375 A.2d 257 (1977). We do not consider defendants' allegation of prejudice to be substantial when compared to the importance of th......
  • New England Household Moving & Storage, Inc. v. Public Utilities Commission, 7781
    • United States
    • New Hampshire Supreme Court
    • December 30, 1977
    ...the commission in question acted 'illegally in respect to jurisdiction, authority or observance of law.' " Connell's New and Used Cars v. State, 117 N.H. ---, 375 A.2d 257, 258 (decided June 20, 1977). We disagree. It is true that RSA ch. 541 does not provide a method of appeal from the det......
  • Appeal of Lorden
    • United States
    • New Hampshire Supreme Court
    • August 2, 1991
    ...omitted); accord Appeal of Hollingworth, 122 N.H. 1028, 1032, 453 A.2d 1288, 1290-91 (1982); Connell's New & Used Cars, Inc. v. State, 117 N.H. 531, 532, 375 A.2d 257, 257-58 (1977); see also Cumberland Farms v. Pierce, 104 N.H. 489, 502, 190 A.2d 403, 413 (1963) (error of law open to corre......
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