Court Updates

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06/03/2020

Objective Testimony from Residents, Combined with Personal Knowledge of Observable Facts by Board Members Can Refute Expert Opinions

Three Ponds Resort, LLC v. Town of Milton

New Hampshire Supreme Court Docket No. 2019-0278

05/29/2020

“Internal Personnel Practices” are Not Per Se Exempt from Disclosure, but Exempt if Disclosure is an Invasion of Privacy. “Internal Personnel Practices” are Defined as Internal Rules and Practices Governing Agency’s Operations and Employee Relations

Union Leader Corp. v. Town of Salem

New Hampshire Supreme Court Docket No. 2019-0206

05/29/2020

The “Internal Personnel Practices” Exemption Under RSA 91-A:5, IV Only Applies to Records of the Internal Rules and Practices Governing an Agency’s Operations and Employee Relations, and Not Information Concerning the Performance of a Particular Employee.

Seacoast Newspapers v. Portsmouth

New Hampshire Supreme Court Docket No. 2019-0135

04/24/2020

Three-year Limitation on the Duty of a Municipality to Pay Excess Proceeds from the Sale of Tax Deeded Property is Unconstitutional

Polonsky v. Town of Bedford

New Hampshire Supreme Court Docket No. 2019-0339

04/08/2020

SB 3 Struck Down by the Court as Unconstitutional for Unreasonably Burdening the Right to Vote and Violating Equal Protection Under the New Hampshire Constitution

League of Women Voters v. Gardner

Hillsborough County Superior – Northern District Case No. 226-2017-CV-00433

04/08/2020

Report about Alleged Misconduct by Elected Officials Acting in Their Capacity as Employers not Exempt as Internal Personnel Practice; Members of a Governing Body Cannot be Denied Access to Attorney-Client Communications

Hampstead School District v. SAU #55

Rockingham County Superior Court Docket No. 218-2020-CV-00236

03/17/2020

Employees with Supervisory Duties as Defined in Their Job Descriptions Should Have Been Excluded From a Proposed Collective Bargaining Unit

Appeal of Town of Loudon

New Hampshire Supreme Court Docket No. 019-0229

12/20/2019

Product Specifications of Covert Communications Equipment Used by Police Department Exempt from Disclosure under Right-to-Know Law

ACLU of NH & Concord Monitor v. City of Concord

New Hampshire Superior Court Docket No. 217-2019-CV-00462

10/25/2019

New Hampshire’s Criminal Defamation Statute, RSA 644:11, Declared Unconstitutional under the First and Fourteenth Amendment to the U.S Constitution

Frese v MacDonald

U.S. District Court for District of New Hampshire Docket No. 18-cv-1180-JL

09/27/2019

Short Term Rental Use of Property Zoned Residential is Prohibited by a Zoning Ordinance Definition that Such Use is a Prohibited Transient Occupancy

Working Stiff Partners v. Portsmouth

New Hampshire Supreme Court Case No. 2018-0491

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
camping
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
eighth amendment
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 property
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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