Court Updates

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06/30/2021

Select Board Decision Denying Reclassification of a Class VI Road as Class V Vacated and Remanded due to Improper Consideration of the Impact of a Residential Project

William Evans, Trustee v. Town of Pembroke

Housing Appeals Board Case No. BSA-2021-02

05/25/2021

A Notice of Violation can Serve as the Initiation of an Enforcement Action and Also as the Basis for an Administrative Appeal

New Hampshire Alpha of SAE Trust v. Town of Hanover

New Hampshire Supreme Court Case No. 2020-0034

05/07/2021

Planning Board Decisions Based on Zoning Regulations Must be Founded on Objectively Clear Zoning Non-Conformities

Ronald Shattuck v. Town of Francestown

Housing Appeals Board Case No. PBA-2021-01

04/08/2021

Sullyville, LLC v. Town of Carroll

Grandfathered Rights Can be Waived for Future Purchasers by a Filing at the Registry of Deeds, and Failure by the Municipality to Take Enforcement Action Does Not Eliminate this Waiver

New Hampshire Supreme Court Case No. 2019-0240

03/02/2021

30-day Time Period for Appealing a Planning Board Decision is Calculated Starting with the Day after the Date of the Decision

Krainewood Shores Assoc. v. Moultonborough

New Hampshire Supreme Court Case No. 2019-0719

02/09/2021

A Late Filed Claim for a Charitable Exemption under RSA 72:23-c Not Supported by a Contemporaneous Claim of Accident, Mistake or Misfortune Properly Denied by Town

New London Hospital v. Town of Newport

New Hampshire Supreme Court Case No. 2019-0616

01/13/2021

An Easement Exists Over a Discontinued Highway When the Easement is Reasonably Necessary for Access

Lauren Shearer v. Ronald Raymond

New Hampshire Supreme Court Case No. 2019-068

12/02/2020

Police Department Internal Affairs Reports Required to be Disclosed Under the Right-to-Know Law Even When the Underlying Allegations of Police Officer Misconduct are Unfounded.

Samuel Provenza v. Town of Canaan

Grafton County Superior Case No. 215-2020-CV-155

10/30/2020

The Exculpatory Evidence Schedule (a/k/a Laurie List) is Not Exempt from Disclosure as Police Personnel File under RSA 105:13-b, Nor is it Exempt Internal Personnel Practice, but Might be Exempt Since Disclosure Would Constitute Invasion of Privacy

New Hampshire Center for Public Interest Journalism v. NH Dept. of Justice.

New Hampshire Supreme Court Docket No. 2019-0279

10/02/2020

Secretary of State Shall Forward Absentee Voter Registrations Forms Directly to Applicants and Can No Longer Refer Voters to City or Town Clerks

American Federation of Teachers v. Gardner

Hillsborough County Superior – Northern District Case No. 216-2020-CV-0570, 10/02/2020

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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