Court Updates

Topics

07/24/2023

The Resignation of Select Board Members was Effective upon Delivery and Did Not Require Acceptance by the Remaining Select Board Member

In Re Town of Warner

Merrimack County Superior Court Case No. 217-2023-CV-370

05/31/2023

Where Town Ordinance Combined a Special Exception Process with Excavation Permitting under RSA 155-E, with the ZBA Acting as Regulator, Appeals were Governed by the 10-Day Motion for Rehearing Deadline in RSA 155-E:9

Juliana Lonergan & a. v. Town of Sanbornton

New Hampshire Supreme Court Case No. Belknap 2022-0142

05/25/2023

Keeping Excess Profit from Sale of Tax-Deeded Property Violates the Takings Clause of the Fifth Amendment; a 10% Assessed Penalty Imposed under RSA 80:90, I (f), May be an Excessive Fine under the Eighth Amendment of the US Constitution

Tyler v. Hennepin County, Minnesota, et al.

United States Supreme Court Case No. 22-166

05/16/2023

Superior Court Did Not Err when it Dismissed the Plaintiffs’ Untimely Zoning Appeal, and when it Concluded that the Planning Board made a Sufficient Regional Impact Determination

Richard Anthony & a. v. Town of Plaistow

Supreme Court of New Hampshire Case No. Rockingham 2021-0410

05/02/2023

Under the Definitions Provided by the Conway Zoning Ordinance, Short-term Rentals are Allowed in the Residential District.

Town of Conway v. Kudrick

New Hampshire Supreme Court Case No. 2022-0098

04/24/2023

When Overturning a ZBA Decision the Matter Does Not Have to be Remanded to the ZBA if the Record is Sufficient to Permit Reviewing Court or Board to Render a Final Decision as a Matter of Law

Ellen & Ronald Campbell v. Town of Pelham

Housing Appeals Board Case No. ZBA – 2022-30

04/18/2023

Purely Economic Loss Caused by COVID-19 Without Physical Damage to Buildings Does Not Support Claim for Proration of Taxes

Clearview Realty Ventures v. Laconia

New Hampshire Supreme Court Case No. 2022-0196

04/14/2023

NH Supreme Court Reverses Superior Court’s Decision Upholding Conditions Placed on Church’s Special Exception Regarding Occupancy & Hours of Operation; Affirms Superior Court’s Decision to Dismiss Constitutional Claims and Grant Wetlands Special Exception

Christ Redeemer Church v. Town of Hanover; Jeff Acker & a. v. Town of Hanover

New Hampshire Supreme Court Case Nos. 2021-0349 and 2021-0356

04/10/2023

When Granting Waiver of a Conditional Use Permit Under Innovative Land Use Control, HAB Ruled Party Seeking Waiver Must Demonstrate the CUP Regulation Creates an Unreasonable Hardship; HAB Asserted it has Authority to Issue Declaratory Judgements

James Logan v. Town of Candia

Housing Appeals Board Case Number PBA-2022-28

01/18/2023

Planning Board Deviation From Past Practices When Reviewing a Land Use Project Can Result in Reversal of a Board Decision

Appeal of Town of Amherst

NH Supreme Court No. 2021-0570

1/11/2018
10% rule
11/13/2014
accessory use
administration remedies
adult entertainment
adverse employment action
advertisements
agricultural uses
agritourism
amicus brief
appeal
appraisal
appurtenant
Banerjee v. Wilmot
banning activity
building permit
causal nexus
CBA
challenged amendments
city sign ordinance
claim preclusion
conditional approvals
content based
contribution rate
Covenant in Gross
curtilage
decision
defamation
defamation claims
demolition
disorderly conduct
disparate treatment
domicle
due process
earnable compensation
easements
electronic records
electronicall
employment
equitable jurisdiction
estoppel claims
excavation permitting
excessive force
facial challenge
fiduciary responsibility
Fifth Amendment
final action
Firearms Owners' Protection Act
firefighters
first amendment
FLMA leave
FMLA eligibility
FOPA
Fourteenth Amendment
Fourth Amendment
free speech
frontage requirement
Garrity Warning
gesture of forgiveness
government immunity
governmental immunity
grandfathered junkyards
harrasment
hold over
housing appeals board
I
immunity
impact fees
independent contractor
intential torts
just compensation
Lauries List
legally-enforceable benefits
legitimate interest
liability
license to carry
licensing junk yards
manufactured homes
median strip
money-articles
Montenegro
NHRS
No. 2012-334
non-budgetary
non-money articles
nonpublic form
nonpublic session
parking enforcement
petitioned warrant articles
political activity
procedural requirements
procedural safeguards
property assessments
Proration of taxes
public official
public utility
reappointment
reckless conduct
refund
religious signs
removal from office
reputation
residence
resignation
retaliatory prosecution
retirement contribution case
retirement reforms
retroactively apply
Right-to-Know Law
RSA 676:17
selectmen recommendations
short term rentals
site plan
social media
special exceptions
standards for immunity
status quo period
subdivision approvals
subject matter
substantive due process
taking
TCA
Telecommunications Act
tort liability
town meeting warrants
unconstitutional interference
unfair labor practice
unreasonable government intrusion
valuations
variance
voter registration form
W-9 Form
warrant articles
warrantless search
water lien
workforce housing
zoning by-laws

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