Nolen v. State of New Hampshire, Doc. No. 217-2011-CV-402 (Merrimack Super. Ct., July 28, 2011) (Brown, J.)

Pages: 1 2


The State of New Hampshire


Wallace S. Nolen


State of New Hampshire

NO. 2011-CV-402


On July 22, 2011 a hearing was calendared on the Pro se Petitioner's 91-A request. The Office of the Attorney General responded and provided this court and the petitioner a memorandum of law prior to the commencement of the hearing. The court extended to the petitioner a window of 10 days to respond to the statutory arguments set forth by the state.

Upon review of Petitioner's petition, response, oral argument and the State's memorandum of law, this Court denies the Plaintiff's petition finding that the information requested is exempt and privileged pursuant to RSA 471:c:20, VII, and RSA 91-A:4 V.

Simply stated RSA 470c:20 clearly holds confidential idenfifying information set forth in any report, record, claim, or other document submitted to the treasurer pursuant to this chapter concerning unclaimed or abandoned property. This statutory provision is consistent with RSA 91-A:4 which exempts from public access information which is deemed confidenfial under any other law. (see also RSA 95-A:5 IV)

[2] To the extent that the petitioner has raised an equal protection argument under the State and or Federal Constitution such is rejected in light of the fact that the requested information is generally available when published annually and accessible through the internet.


   7/28/11       /s/   

DATE Kenneth C. Brown,

Presiding Justice