Martin's motion for reconsideration denied on Balsams' sale case


December 05, 2012
CONCORD — Superior Court Judge Richard McNamara denied petitioner Andy Martin's motion for reconsideration on his case against The Balsams' sale, ruling on Nov. 27 that Martin had alleged, in substance, that the Court had earlier erred in denying his motion to amend his complaint.

Martin had sought to have a portion of his complaint — his having had dinner at The Balsams — removed. The Court noted, however, that "removing any language referring to the petitioner's dinner at The Balsams, in reality, removes any connection to the Balsams at all.'"

Even if this reference to his dining at the hotel were to be removed, the judge pointed out, it would not give him the needed standing.

"Petitioner has not set forth any points of law or fact that the Court has overlooked or misapprehended," Judge McNamara wrote. "It follows then, that the Motion for Reconsideration must be denied."

Martin who has previously said he would appeal this case to the state Supreme Court has until Dec. 27 to do so.

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