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New Hampshire

Dover SchoolCare ruling could let 89 other NH districts recoup funds

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Dover SchoolCare ruling could let 89 other NH districts recoup funds


The preliminary injunction ordering SchoolCare to continue paying Dover educators’ health care claims may have implications for the 89 other school districts that paid SchoolCare’s special assessment, according to Anthony Carr of Shaheen and Gordon.

“This could be significant for those 89 other towns and districts,” said Carr, who is representing Superintendent Christine Boston in the lawsuit against SchoolCare.

SchoolCare threatened to stop paying claims on May 1 if Dover failed to pay a special assessment of $1.7 million above and beyond its normal monthly premium in order to cover the insurance risk pool’s losses. Dover refused to pay the special assessment, arguing that it was illegal.

Superior Court Judge John Curran, finding that school employees covered by SchoolCare could face “irreparable harm,” ordered SchoolCare to continue to pay “covered healthcare claims of Dover employees, spouses, dependents, and retirees.”

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Curran also found that if the case went to trial, Dover would “likely succeed on the merits” of its case.

Whether the case will go to trial remains an open question, as the judge has not ruled on the claims of SchoolCare and the New Hampshire Secretary of State that the court is not the proper jurisdiction for Dover’s complaint.

“The court will duly consider the important jurisdictional question this case presents in ruling upon those pending motions to dismiss …,” Judge Curran wrote. “For the purposes of this motion, the court finds that the plaintiffs have a sufficient likelihood of establishing jurisdiction at this stage.”

Carr said the order for the preliminary injunction is “very helpful, very favorable.” However, the only “asterisk” is that there is a pending motion to dismiss for lack of jurisdiction.

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Favorable ruling hinges on pending jurisdictional argument

Both New Hampshire Secretary of State David Scanlan, through the New Hampshire Bureau of Securities Regulation and its counsel, which intervened, and SchoolCare, have filed motions to dismiss the case with jurisdictional arguments.

“The Bureau respectfully asks this Court to dismiss the District’s Complaint in its entirety because the claims contained therein fall under the Bureau’s exclusive jurisdiction and authority and are best submitted to the Bureau’s administrative enforcement mechanism,” according to court documents.

SchoolCare has argued the plaintiffs can’t show a “likelihood of success on the merits” as the matter needs to be brought before the secretary of state, not the Superior Court.

“Basically, SchoolCare and the Secretary of State are trying to argue that none of these claims brought by Dover, none of these claims brought by Dr. Boston, should be in any court in the state, and these are all issues that should be squarely and solely resolved by the Secretary of State. So that’s really the only lingering issue in that regard,” said Carr.

The lawyer said they’re “hopeful,” based on their comprehension of the law, that a “favorable ruling” will soon come out on the jurisdiction argument.

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“Once the jurisdictional issue is resolved, it will be much more clear that the 89 towns and districts likely have causes of action, similar breach of contract actions against SchoolCare to recoup the funds that they were forced to pay under duress, and SchoolCare may not have had a lawful basis to request or receive those funds,” Carr said.

89 members who paid assessment could follow Dover’s lead

Carr explained what the preliminary injunction could mean to the other districts and towns.

“If the jurisdiction were to get resolved favorably, then what those 89 towns and districts would be able to do is piggyback this order, which although it’s directly granting a preliminary injunction, what it’s inherently doing as part of that is saying that we are likely to succeed on the merits of our claim. And one of those claims is the breach of contract claims. So, if we were to be successful on jurisdiction, those other 89 towns and districts would be pretty wise to say that they very well may have viable claims as well,” said Carr.

“This order recognizes that all 89 of those towns and districts may have legal rights to recoup those funds and redeploy them for the betterment of their communities and children, including going toward educational services and staffing. I hope that other towns and school districts will follow the lead of Dover and Dr. Boston and stand up to SchoolCare and demand what’s right,” Carr said in a press release.

He called the judge’s ruling a “huge win for Dover.”

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He highlighted one of the immediate results being that district teachers and staff “don’t have to worry about coverage stopping in the middle of a policy period. That’s amazing. We heard stories about a kid who was scheduled to have heart surgery. I believe a staff member needed a kidney transplant. And so, the stakes are very high. And these are people, real humans in Dover, who were worried about how this might go,” said Carr.

“On the flip side, if Dover was forced to pay the ransom, we offered testimony that $1.7 million is the equivalent of about 16 and a half full-time salaries. And we’ve seen in other towns and districts, not just the budget being thrown into crisis, but again, real humans with families being laid off. So it both preserves the status quo for the health coverage for all the fantastic teachers and staff in Dover. And it also, at least for the time being, precludes great teachers and staff within Dover from being laid off,” Carr said.

“I would not want to be the 89th or the 88th town or district that pursues recourse. I think it’s important to act urgently,” said Carr. “I guess I’m on a bit of a personal mission to kind of see all these issues through and to make sure that SchoolCare does not benefit from its own improper conduct. So, we will see what the future holds, but I may very well be representing some of these towns and districts. I would say there’s really no need for any of the towns and districts to wait (for the jurisdictional issue),” said Carr.

Portsmouth agreed to pay assessment ‘under protest’

Trevor McCourt, Portsmouth’s deputy city attorney, said “the city of Portsmouth has not made payment on the $1.57 million assessment at this time. We’ve made arrangement to make that payment by July 15th of this year, and the City Council’s vote was specifically to authorize that payment under protest.”

McCourt said “the last act of the City Council was to agree to make that payment under protest. Certainly, I don’t know what the plan will be moving forward. We plan to make the payment. We continue to make our monthly payments.”

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He said they’re “certainly encouraged” by the ruling out of the Strafford Superior Court, and that he personally has already commented “pretty publicly, I agree with the position that Dover is taking.”

What’s next for the case?

Carr said right now, they have “a laser focus on an order on the jurisdictional issue, just so we can make sure that we’ve got the green light to keep these claims in court where we feel like they belong.”

Carr said if they receive a favorable ruling on jurisdiction, they’re attention will be on prosecuting their case and going to trial if needed.

“One of the elements of getting a preliminary injunction is the court has to find a likelihood of succeeding on the merits, meaning that the court is not quite, but kind of pre-adjudicating whether our claims are going to win or not,” said Carr. “So, for the court to find at this early stage that we’ve met that threshold is a great indication, but it doesn’t necessarily mean game over. What it means game over for is that Dover does not have to pay the $1.7 million now. The case will proceed on a 12-month trial track after this, and whether it’s through a jury trial or through pre-trial briefing, we will be hopeful to get a result saying that we never have to pay the $1.7 million.”



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New Hampshire

Ayotte Vetoes Three Bills, Signs 18 Others

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Ayotte Vetoes Three Bills, Signs 18 Others


By PAULA TRACY, InDepthNH.org

CONCORD – The governor announced Friday she signed into law 18 bills passed by the legislature, including ones related to cyanobacteria and Senate Bill 619, establishing procedures for expedited court hearings and disposition of confiscated animals.

Gov. Kelly Ayotte, a Republican, also vetoed three bills including one enabling alternative treatment centers to operate a greenhouse cultivation location.

“I do not support expanding the cultivation of marijuana in our state. For this reason, I have vetoed SB 468,” she wrote in her veto message.

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Also vetoed was HB 1072 relative to employer notice of department of labor investigations.

“While this bill is the product of thoughtful conversations and important considerations, it unnecessarily restricts the Department of Labor’s critical authority to swiftly respond to emergent situations where employers have failed to pay wages to their employees. New Hampshire families depend on timely paychecks, and we cannot delay the Department’s ability to react in those circumstances,” she wrote.

HB 1643, relative to the report of a guardian ad litem, was also vetoed.

“The role of the guardian ad litem is to assist the court in determining the best interests of the child. To that end, under current law guardians ad litem are directed by the court to gather information and, only if specifically requested by the court, make certain recommendations relating to parenting plans, schedules, and decision-making responsibilities. Ultimately, the court is responsible for making determinations relative to a child’s welfare. This bill would strip the authority of the court to request a guardian ad litem provide recommendations for consideration by the judge and limits information available to the court, which could impede its ability to ensure the best interests of a child,” Ayotte wrote.

The three vetoes will be returned to the Senate and the House in the fall to see whether they are sustained or overridden.

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Ayotte did sign the following bills which are now law:

HB 656 — Relative to the authority of local school districts to accept federal grants.

HB 1073 — Clarifying when the secretary of state shall complete the registry of New Hampshire decentralized autonomous organizations.

HB 1381 — Extending the time of the party filing period.

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HB 1425 — Relative to the development of an online wetlands permit processing system.

HB 1495 — Allowing a reimbursement anticipation note to be used as collateral in certain circumstances.

HB 1549 — Establishing that titles, bills of sale, and identification documents are required only at initial registration or transfer of ownership.

SB 499 — Relative to the membership, duties, and reporting requirements of the traffic safety commission.

SB 500 — Relative to restroom access for certain commercial motor vehicle operators.

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SB 505 — Relative to applications for guide licenses and repealing the fee for temporary registration of nonresidents relative to OHRVs.

SB 516 — Relative to certain unclassified positions in the department of health and human services.

SB 595 — Relative to rulemaking for transient non-community water systems.

SB 598 — Establishing the cyanobacteria mitigation loan and grant fund task force.

SB 600 — Requiring the governor to submit and present a quarterly fiscal year budget report about the general and education trust funds to the general court fiscal committee.

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SB 610 — Allowing the insurance commissioner to approve innovative short or long-term care policies.

SB 619 — Establishing procedures for expedited court hearings and disposition of confiscated animals.

SB 633 — Relative to donations received by the granite patron of the arts fund.

SB 644 — Requiring background checks for solid waste and hazardous waste facility owners.

SB 655 — Relative to employee leasing companies, workers’ compensation coverage options, and a minimum wage exemption for minor league baseball players.

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New Hampshire governor to decide on housing bills – Valley News

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New Hampshire governor to decide on housing bills – Valley News


The New Hampshire House and Senate sent three bills to Gov. Kelly Ayotte, intended to enable more housing construction, overcoming opposition from the New Hampshire Municipal Association and others.

In a series of votes on the last standard session day of the year, Thursday, the House and Senate approved final versions of House Bill 1010, House Bill 1588, and Senate Bill 564, which address housing developments in commercial zones, parking requirements, and development on dead-end roads.

The bills now head to Ayotte’s desk and face strong prospects: Ayotte signed and celebrated a slate of bills in 2025 meant to spur housing, in large part by overriding perceived restrictive municipal zoning.

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But they also overcame opposition from some who said they eroded needed guardrails for cities and towns, and could lead to safety issues and overcrowding in commercial areas.

“New Hampshire needs more affordable housing, but we also need smart growth, responsible planning, and local decision-making,” said Rep. David Preece, D-Manchester, speaking against the bills. “Housing and local control are not mutually exclusive.”

HB 1010 and HB 1588 are companion bills intended to update last year’s transformational housing statute for commercial zones.

That law, House Bill 631, is not set to take effect until July 1, about a year after it was signed. It requires municipalities to allow multi-family residential developments on commercially zoned land, as long as there are adequate roads, water, and sewage, and no issues with the site “incompatible with residential use,” such as air, noise, odor, or transportation impacts.

Both HB 1010 and HB 1588, if signed by Ayotte, would update HB 631 just one minute after it takes effect next month.

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HB 1588 would tighten the law. It would clarify that the developers could build housing that passed the requirements “by right” in commercial zones — a stronger legal status. It would also limit the types of restrictions municipalities could place on that development to frontage, setbacks, and height requirements, excluding other factors such as density.

And if a developer sued after being improperly denied a permit by a municipality, the developer could seek attorneys’ fees from the city or town, the bill states.

“It addresses the ambiguity in the existing law that will result in taxpayer‑funded lawsuits, and also grants municipalities greater local control by clarifying that municipalities can do site review,” said Rep. Joe Alexander, R-Goffstown, who is the chairman of the House Housing Committee, in a speech on the House floor.

HB 1010, in contrast, would give municipalities tools to potentially limit certain developments. The bill would allow municipalities to carry out studies to determine whether the water, sewage, and traffic infrastructure is adequate before approving. If the road design did not support the expected traffic volume, for instance, the proposal could be denied.

Traffic studies could include increases in vehicle traffic on the roads, the availability of sidewalks, and other pedestrian safety measures. The bill would allow cities and towns to require developers to obtain approvals from the owners of public water and sewer systems before proceeding.

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Together, the two bills are meant to clarify the intent and scope of last year’s commercial zoning bill, Alexander said.

“The only thing that we’re going to run into is that municipalities may be open to more lawsuits if we fail to clarify what we mean by these laws,” he said.

HB 1588 also includes an unrelated provision that would allow cities and towns to create “special assessment districts,” in which municipalities can issue bonds to pay for infrastructure upgrades and then levy fees on the developments that would benefit from the upgrades to pay off the bonds.

But opponents, such as the Municipal Association, warned HB 1588 would tie the hands of municipalities with reasonable concerns. In a handout given to lawmakers ahead of the vote, the association called the bill “one of the most anti-local control bills of the session.”

Preece agreed. “This bill goes further by overriding local zoning protections and by exposing municipalities to costly litigation, forcing taxpayers to pay attorneys when disputes arise,” he said. “This is not a housing policy; it is a mandate that shifts the risk and the cost onto local communities.”

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SB 564 would address restrictions on dead-end roads. It would prevent cities and towns from imposing a maximum road length for new housing development, as long as that new development adheres to the state fire code.

It stops municipalities from capping the number of homes on a dead-end road, unless the cap is necessary to comply with the fire code or guidelines from the National Fire Protection Association.

And it requires cities and towns to allow utilities such as septic systems and electric distribution infrastructure to be installed in buffer areas, open spaces, as long as they aren’t wetlands or protected shorelands.

Again, opponents cited concerns of overdevelopment if the bill becomes law.

“Let’s take a look at what could be built on 100 housing lots,” said Rep. David Fracht, D-Enfield. “One hundred single-family homes? Certainly. One hundred duplexes or triplexes? Why not? How about 100 apartment buildings with an unlimited number of dwelling units? This bill places no cap on the number of dwelling units that can be built on these long dead-end roads.”

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Alexander argued the bill would bring needed development while respecting safety concerns.

“This bill now clarifies and provides statutory requirements for local jurisdictions to follow relative to the state fire code,” he said.



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New Hampshire

Officer injured after being struck by vehicle while responding to crash in Londonderry, N.H. – The Boston Globe

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Officer injured after being struck by vehicle while responding to crash in Londonderry, N.H. – The Boston Globe


A motorcycle cop in Londonderry, N.H. was responding to a crash when they were struck and injured by another vehicle Thursday night, an official said.

The officer was taken to Elliott Hospital in Manchester. They were in stable condition Thursday night, said Jeremy P. Mague, a battalion chief of the Londonderry Fire Department.

The officer was struck on Hardy Road near Pheasant Run at about 6 p.m., Mague said in an email.

Police and fire responded to the scene and provided aid to the officer. The driver of the vehicle remained at the scene and is cooperating with investigators, Mague said.

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Hardy Road in Londonderry was temporarily closed Mague said.

The officer had been responding to a single-vehicle rollover crash on Stonehenge Road. The driver was trapped inside the vehicle and was extricated by Londonderry firefighters.

The driver was taken to a local hospital, Mague said. His condition was not known Thursday night.


Adam Sennott can be reached at adam.sennott@globe.com.





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