Court Updates

Topics

04/18/2024

There is No Blanket Exemption Contained in Right-to-Know Law for Records That May or May Not be Subject to Discovery Motion in Pending Litigation

Kenneth T. Michaud v. Town of Campton Police Department

New Hampshire Supreme Court Case Nos. 2022-0328

04/12/2024

Impact Fees Shall Have an Essential Nexus to Legitimate Government Interests and Must Have a Rough Proportionality to a Development’s Impact on Such Land Use Interests

Sheetz v. County of El Dorado

United States Supreme Court Case No. 2022-1074

04/09/2024

Denial of Site Plan Approval Cannot be Based Solely on the Purpose Provisions of the Planning Board’s Regulations

Mojalaki Holdings v. City of Franklin

New Hampshire Supreme Court Case No. 2022-0122

04/03/2024

Failure to Timely File a Housing Appeals Board Appeal does not Preclude Proceeding with a Timely Appeal to the ZBA since the HAB Appeal would be Premature Before the ZBA had the Opportunity to Rule on the Zoning Questions

Newfound Serentiy, LLC v. Town of Hebron

New Hampshire Supreme Court Case No. 2023-0153

03/20/2024

Parties May Not Negotiate Away the Public’s Right to Access Records under RSA 91-A Through Private Settlement Agreements or Confidentiality Agreements

Jonathan Stone v. City of Claremont

New Hampshire Supreme Court Case No. 2023-008

03/15/2024

When Government Official Posts about Job-Related Topics on Social Media, those Posts will be Attributable to the State if the Official (1) Possessed Authority to Speak on Behalf of State, and (2) Exercised that Authority When Speaking on Social Media

Lindke v. Freed

United States Supreme Court Case No. 22-611

02/27/2024

Subdivision Approvals are Subject to RSA 674:41 and Lots Shall have Street Access

Harvey v. Barrington

New Hampshire Supreme Court Case No. 2021-0601

02/22/2024

For Good Cause Shown a Select Board May Grant a Property Tax Abatement that Effectively Resolves a Pending BTLA Case*

Appeal of David Strauss

NH Supreme Court Case No. 2022-0525

02/02/2024

An Inverse Condemnation Claim is Ripe for Judicial Review when the Facts Supporting the Taking are Well Developed, the Challenged Action is Final, and the Impact on the Parties is Direct and Immediate*

PPI Enterprises v. Town of Windham

NH Supreme Court Case No. 2022-0707

11/29/2023

While RSA 105:13 Protects some Police Personnel Information during Criminal Trials, it Cannot be Used to Deny a Right-to-Know Request under RSA. 91-A. Still, RSA. 91-A:5 Protects Some Personnel Files if There is a Strong Privacy Interest

American Civil Liberties Union of N.H. v. N.H. Div. of State Police

New Hampshire Supreme Court Case No. 2022-0321

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