Court Updates

Topics

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.

New Hampshire Supreme Court Case No. 2022-0309

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

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