114 N.H. 549 | N.H. | 1974
Petition for suspension of order pending appeal pursuant to RSA 541:18 seeking to suspend the
RSA 541:18 provides that although an appeal from a decision of a State department does not suspend its order, “the supreme court may order a suspension of such •order pending the determination of such appeal. .. whenever, in the opinion of the court, justice may require such suspension.” In view of the fact that a presumption of reasonableness is accorded to administrative orders, we have been reluctant to exercise the discretion conferred by this statute unless the plaintiff has demonstrated two conditions are present. First, there must be a showing that the plaintiff will suffer irreparable harm, occasioned by circumstances beyond his control, if the order is given immediate effect. Second, it must be clear that the harm to the plaintiff outweighs the public interest in enforcing the order for the duration of the appeal. N.H. Milk Dealers’ Ass’n v. N.H. Milk Control Bd., 107 N.H. 150, 218 A.2d 363 (1966); Cumberland Farms v. N.H. Milk Control Bd., 104 N.H. 364, 187 A.2d 388 (1963); 2 F. Cooper, State Administrative Law 629-30 (1965); see Annot., 24 L. Ed. 2d 925, § 7 (1970); Note, Judicial Review of Administrative Decisions in Ohio, 34 Ohio St. L.J. 853, 875-76 (1973). The mere fact that an administrative decision may cause injury or inconvenience to the plaintiff is insufficient to warrant a suspension of order. Tilton v. Boston & Me. R.R., 99 N.H. 503, 113 A.2d 543 (1955); New England Tel. & Tel. Co. v. State, 97 N.H. 555, 92 A.2d 408 (1952).
The plaintiff claims that its license to conduct business
Accordingly, we hold that the plaintiff has failed to show sufficient cause why the order should be suspended and deny its petition without prejudice to the pending appeal. In arriving at this result it should be clearly understood that we are expressing no opinion as to the merits of the plaintiff’s appeal, which is scheduled for hearing Wednesday, September 4, 1974.
Petition denied without prejudice to the pending appeal.