Town of Milford v. Johnson

The material question before us is whether the trial court abused its discretion when it found that the defendant’s repeated failure to comply with the Milford ordinance constituted bad-faith conduct supporting an award of attorney’s fees under Harkeem v. Adams, 117 N.H. 687, 377 A.2d 617 (1977).

The majority, citing Gauthier v. Robinson, 122 N.H. 365, 369, 444 A.2d 564, 566 (1982), recognizes that “it is well settled that our scope of review in cases such as this is limited.” The majority, however, ignores the well-established principle of Gauthier that this court will not substitute its…