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10/10/2023

If a Governmental Record has been Retained in an Electronic Format, Including on Back-up Tapes, it May Be Expected for a Municipality to Recover those Documents Pursuant to a Right-to-Know Request

Laurie A. Ortolano v. City of Nashua

New Hampshire Supreme Court Case No. 2022-0237

08/23/2023

New Hampshire Supreme Court Says that Untimely Orders May Open Towns to Court Appeals as “Good Cause” for Plaintiffs not Exhausting their Municipal Requests for Rehearing

Bradley M. Weiss & a. v. Town of Sunapee

New Hampshire Supreme Court Case No. 2022-0309

08/10/2023

Municipalities Can Receive Attorney’s Fees and Costs under RSA 676:17, II in Cases Where They Prevail in Enforcing the Municipal Zoning Ordinance Through Injunction

City of Laconia v. Robert Kjellander

New Hampshire Supreme Court Case Nos. 2022-0276

07/28/2023

New Hampshire Supreme Court Affirms that Zoning Boards Cannot Factor Anticipated Future Noncompliance with Zoning Laws into its Decisions, Even if an Applicant has Previously Violated the Zoning Ordinance at Other Properties

Jeffrey E. Raymond, Trustee of J&R Realty Trust v. Town of Plaistow

New Hampshire Supreme Court Case Nos. 2022-0236

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

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