Court Updates

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2024 court update publication

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10/29/2024

Whether a Nonconforming Use is Lawful Depends Upon the Facts Existing at the Time the Change in the Zoning Ordinance Created the Nonconforming Use

Monadnock Rod and Gun Club v. Town of Peterborough

New Hampshire Supreme Court Case Nos. 2023-0538

06/28/2024

The Eighth Amendment Bar Against Cruel and Unusual Punishment Does Not Bar Local Government from Enforcing Laws Banning Camping on Public Property

City of Grants Pass, Oregon v. Johnson Et Al.

United States Supreme Court Case No. 23-175

05/24/2024

Planning Board Improperly Rejected Plan Acceptance When it Conducted a Substantive Review Where it Should Have Only Determined if the Checklist Items Had Been Submitted

Appeal of Town of Hollis

New Hampshire Supreme Court Case No. 2023-0346

05/14/2024

Zoning Rules that Provide Limitations and Restrictions on the Manner of Using Travel Trailers Interpreted to Permit Short-term Rental of Such Trailers

Appeal of Elizabeth Hoekstra

New Hampshire Supreme Court Case No. 2023-0189

05/03/2024

The Primex Pooled Risk Management Program is Not Insurance and Statutory Governmental Immunity Remains Intact for Municipalities Covered by Primex

Charles Cole v. Town of Conway

New Hampshire Supreme Court Case No. 2022-0648

04/18/2024

There is No Blanket Exemption Contained in Right-to-Know Law for Records That May or May Not be Subject to Discovery Motion in Pending Litigation

Kenneth T. Michaud v. Town of Campton Police Department

New Hampshire Supreme Court Case Nos. 2022-0328

04/12/2024

Impact Fees Shall Have an Essential Nexus to Legitimate Government Interests and Must Have a Rough Proportionality to a Development’s Impact on Such Land Use Interests

Sheetz v. County of El Dorado

United States Supreme Court Case No. 2022-1074

04/09/2024

Denial of Site Plan Approval Cannot be Based Solely on the Purpose Provisions of the Planning Board’s Regulations

Mojalaki Holdings v. City of Franklin

New Hampshire Supreme Court Case No. 2022-0122

04/03/2024

Failure to Timely File a Housing Appeals Board Appeal does not Preclude Proceeding with a Timely Appeal to the ZBA since the HAB Appeal would be Premature Before the ZBA had the Opportunity to Rule on the Zoning Questions

Newfound Serenity, LLC v. Town of Hebron

New Hampshire Supreme Court Case No. 2023-0153

03/20/2024

Parties May Not Negotiate Away the Public’s Right to Access Records under RSA 91-A Through Private Settlement Agreements or Confidentiality Agreements

Jonathan Stone v. City of Claremont

New Hampshire Supreme Court Case No. 2023-008

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