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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