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Governor Chris Sununu Statement on Hillsborough County Southern District Superior Court Ruling
Concord, NH – Today, Governor Chris Sununu issued the following statement after the Hillsborough County Southern District Superior Court denied plaintiffs motion to require New Hampshire reinstate the Pandemic Unemployment Assistance Program and dismissed the case outright. The State announced it would be ending participation in the enhanced federal unemployment benefits over four months ago and gave citizens over a months notice – as required by the United States Department of Labor.
“I would like to thank the Court for their clear, concise, and decisive ruling,” said Governor Chris Sununu. “The New Hampshire Department of Employment Security has done a phenomenal job throughout the pandemic assisting out-of-work Granite Staters receive benefits and find work, and this ruling will allow them to continue helping our citizens unobstructed as we move forward.”
In their ruling, the court notes “Based on the foregoing analysis, the Court concludes that the plaintiffs have not demonstrated a likelihood of success on the merits of their claims because neither of the statutes on which they rely require the defendants to act. Having failed to make this vital showing, the plaintiffs’ motion for a temporary restraining order and preliminary injunction is DENIED. Moreover, because all of the plaintiffs’ claims for relief are premised on flawed interpretations of RSA 282-A:127, I and 15 UA.S.C. § 9021(c), the Court further finds that the plaintiffs cannot succeed on the merits of their claims as a matter of law. In other words, the plaintiffs have failed to state claims for which relief may be granted. The plaintiffs’ complaint is therefore DISMISSED sua sponte. See Kennedy v. Titcomb, 131 N.H. 399, 402 (1989) (trial court may “dismiss an action sua sponte where the allegations contained in a writ do not state a claim upon which relief can be granted”).”