Union Leader v. N.H. Dep't of Safety, Doc. No. 216-2010-E-015 (Hillsborough Super. Ct. North, July 22, 2010) (Tucker, J.)

[1]

THE STATE OF NEW HAMPSHIRE

HILLSBOROUGH, SS. SUPERIOR COURT

NORTHERN DISTRICT

No. 10-E-15

Union Leader Corporation

v.

State of New Hampshire Department of Safety

ORDER

The Union Leader Corporation petitioned for access to certain records held by the New Hampshire Department of Safety. Judge Sullivan ruled on the petition on May 4, 2010. As part of his order, he rejected the petitioner's argument that RSA 260:14 was unconstitutional as applied to the facts of the case. Order (document no. 8), at 4. He did not dismiss this issue on the merits, but rather because the petitioner raised it for the first time at the hearing and provided no developed argument in support of the claim. Id.

On May 17, 2010, the petitioner moved for reconsideration of the order, including the ruling that it failed to properly challenge the constitutionality of the statute. Judge Sullivan agreed to reconsider the issue if the petitioner briefed it "within 14 days of receipt of this order." Order on Motion for Reconsideration [2] (document no. 9A). Upon receipt of the petitioner's written argument, the Department would have 14 days to respond.

The petitioner filed no brief and twenty-one days have passed since the date on the clerk of court's notice of the court's ruling inviting the petitioner to submit written argument. Accordingly, the motion for reconsideration (document no. 9) is denied.

SO ORDERED.

Date: July 22, 2010    /s/   

Brian T. Tucker

Presiding Justice