Tardiff v. Belknap County Convention, Doc. No. 211-2016-CV-201 (Carroll Super. Ct., April 5, 2017) (Ignatius, J.)

Pages: 1




Thomas A. Tardiff


Belknap County Convention



The petitioner, Thomas A. Tardiff, filed a complaint for injunctive relief on August 23, 2016, against respondent, Belknap County Convention, alleging violations of RSA 91-A and RSA 24:9, in connection with meetings scheduled for April 4, April 6, and April 8, 2016. The respondent filed a counterclaim seeking attorney's fees. The parties agreed to bifurcate the issues, and address the attorney's fees request after ruling on the complaint.

The court conducted an evidentiary hearing on the complaint on November 16, 2016. The petitioner appeared pro se, the respondent appeared through counsel. On January 12, 2017, the court ruled there had been no violation of RSA 91-A or RSA 24:9 and denied the requests to invalidate the actions taken on April 8, 2016 and to further enjoin meetings of the respondent.

The court then heard argument on February 1, 2017 regarding the respondent's request for attorney's fees. The petitioner addressed the merits of the request, and the reasons why attorney's fees should not be granted, but that if the court were inclined to consider fees, the matter should be determined by a jury. He cited no law in support of [2] his position. The respondent argued that the court should first address the jury trial request and would subsequently address the merits of the request.

The court finds no basis to grant the request for a jury trial on the matter of attorney's fees and costs. The petitioner's request that the attorney's fees counterclaim be tried by a jury is DENIED.

The court will accept pleadings on the merits of the attorney's fees request if either party desires to supplement the record already made regarding the request. Otherwise it will rely on the prior pleadings and record of the February 1, 2017 hearing. Any supplemental pleadings shall be filed no later than May 8, 2017. The court will issue a written order after review of the record.


April 5, 2017    /s/   

Amy L. Ignatius

Presiding Justice