Mountain View Park, LLC v. Gerald Robson, Jr., 168 N.H. 117 (2015)

Citation: Mountain View Park, LLC v. Gerald Robson, Jr., 168 N.H. 117 (2015)
Parent Document: Mountain View Park, LLC v. Gerald Robson, Jr., 168 N.H. 117 (2015)
Jurisdiction: New Hampshire (state)
Effective Date: 2015-08-11
Original Source: https://www.courtlistener.com/opinion/2826159/mountain-view-park-llc-v-gerald... ↗

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At the heart of the statutory interpretation issue in this case is the relationship between RSA 540:13-c, II and RSA 540:28. This presents a classic case of one statute setting forth a rule of general applicability while another establishes an exception to the general rule that applies to a specific circumstance. Our methodology of construction in such cases is well-established: ‘Where reasonably possible, statutes should be construed as consistent with each other.” EnergyNorth Natural Gas v. City of Concord, 164 N.H. 14, 16 (2012) (quotation omitted). “It is a well-recognized rule of statutory construction that where one statute deals with a subject in general terms, and another deals with a part of the same subject in a more detailed way, the latter will be regarded as an exception to the general enactment where the two conflict.” Appeal of Johnson, 161 N.H. 419, 424 (2011) (quotation omitted); see EnergyNorth Natural Gas, 164 N.H. at 16 (“When interpreting two statutes which deal with similar subject matter, we will construe them so that they do not contradict each other, and so that they will lead to reasonable results and effectuate the legislative purpose of the statute. To the extent two statutes conflict, the more specific statute controls over the general statute.” (quotation and citation omitted)); Favazza v. Braley, 160 N.H. 349, 352 (2010) (applying aforesaid rule in construing RSA chapter 526 and RSA chapter 540-A in wrongful eviction action).

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