State v. Lake Winnipesaukee Resort, LLC

Summary

The New Hampshire Supreme Court affirmed the denial of respondents' motion to dismiss the State's action seeking civil monetary penalties for alleged violations of wetlands and water pollution statutes. The court held that the common-law doctrine of nullum tempus occurrit regi generally protects the State from statutes of limitations unless the legislature clearly provides otherwise, and that RSA 508:4 did not clearly apply to the State's penalty action. The court also declined to reach an unpreserved due process claim based on delay in initiating the proceedings.

Holdings

1. Nullum tempus remains a recognized New Hampshire common-law doctrine that generally exempts the State from statutes of limitations unless the legislature clearly provides otherwise.
2. RSA 508:4, I does not clearly and expressly apply its three-year limitations period to the State's civil penalty action under RSA chapters 482-A and 485-A.
3. The court did not decide the merits of the constitutional claims because the speedy-trial argument was outside the scope of the interlocutory appeal, and any due-process argument was raised for the first time on appeal and inadequately briefed.

Questions Presented

1. Whether the State's civil action for monetary penalties under RSA chapters 482-A and 485-A was subject to the three-year limitations period in RSA 508:4.
2. Whether the State had an unlimited period to bring an enforcement action under statutes that contained no specific limitations period.
3. Whether the common-law doctrine of nullum tempus occurrit regi exempted the State from RSA 508:4.
4. Whether the respondents' constitutional and due-process arguments concerning pre-petition delay were within the scope of the interlocutory appeal and properly preserved.

Disposition

reversed_and_remanded