Qualters v. Tetreault, Doc. No. 213-2012-CV-089 (Cheshire Super. Ct., May 11, 2012) (McGuire, J.)

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No.: 2012-CV-89

Terrance P. Qualters


James M. Tetreault, Tax Collector, Town of Winchester


On April 16, 2012, Terrance Qualters filed a Motion to Stop Auction and Provide Information Requested under RSA 91-A. The Court (Barry, J.), denied the motion on an ex parte basis the same day. The property at issue was sold at auction on May 2, 2012. Today's hearing, as petitioner agreed, was limited to his 91-A request.

After great difficulty, the Court understands that petitioner wants 2 documents: 1) documentation that John M. Wallock, Jr. paid his real estate taxes and was not granted and extension; and 2) documentation showing that the Town of Winchester returned to the bank the $8,000 check that had been given to the town anonymously with a note attached that it was to be applied to petitioner's bill.

As to the first request, the town administrator, Joan Morel, stated that Mr. Wallock has paid his taxes and was not given an extension. She further stated that all of the town's tax transactions, including amounts owed, payments, and extensions, are posted on-line and available to the public. The Court finds that the town has in this way already made this information available to petitioner.

As to the second request, the Town provided the documentation to petitioner at today's hearing showing that it has returned the check to the bank. Moreover, petitioner represented that he has possession of the check.

[2] Accordingly, petitioner's 91-A request is Moot.

Date:    5/11/12       /s/   

Kathleen A. McGuire

Presiding Justice