Court Updates

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September 16, 2026

The abatement procedures outlined in RSA 79-A:10 may not be the sole remedy for an aggrieved taxpayer if there is a question of law surrounding the issuance of the land use change tax in the first place.

McMaster Development, LLC v. Town of Derry

New Hampshire Supreme Court*
September 1, 2026

Regulating the Use of Residential Property for Short-Term Rentals Falls within Municipal Zoning Authority under RSA 674:16

Andrews v. Kearsarge Lighting Precinct

New Hampshire Supreme Court*
July 15, 2026

Applicant Presents No Evidence to ZBA Addressing Special Exception Criteria and Opposing Abutter Does; ZBA’s Grant of Special Exception Is Reversed

Appeal of Christine Murray (Housing Appeals Board)

New Hampshire Supreme Court
July 15, 2026

If Notice of Impending Tax Deed Fails, Municipalities Must Take Additional Reasonable Steps to Notify Owner Before Deeding Property

Wisarat Manutsom, Trustee of the Farley Road Realty Trust v. Town of Hollis

New Hampshire Supreme Court
June 23, 2026

Definitions in zoning ordinances regarding permitted uses are very important; land use boards should evaluate applications based on the use as proposed and should not speculate about future unauthorized uses

Howard v. Swanzey

New Hampshire Supreme Court*
June 23, 2026

So Long as Tax Foreclosure Sale (or Sale of Tax-Deeded Property) Is Conducted Fairly, Government Is not Required to Return More than Surplus Proceeds to Former Owner, Even if Sale Price Is Below Hypothetical Fair Market Value of Property

Pung v. Isabella County

Case No. 25-95, 146 S. Ct. 1964 (2026)
June 17, 2026

Citizens do not have the right to request records in a “preferred” format, if they do not already exist in such a format. Providing prompt responses within 5 business days of a request and keeping the requestor appraised of the status of their request can

Laurie Ortolano v. City of Nashua

Hillsborough Superior Court – Southern District
May 28, 2026

Qualified Voter Affidavit and Challenged Voter Affidavit for Voter Registration and Voting Access Are Restored; State Is Permanently Barred from Implementing and Enforcing Legislation that Eliminated Them

New Hampshire Youth Movement v. David M. Scanlan (NH Sec. of State); Coalition for Open Democracy et al. v. David M. Scanlan (NH Sec. of State)

United States District Court, District of New Hampshire
April 15, 2026

Otherwise Publicly-Available Records May Not Be Exempt from Disclosure under RSA 91-A and FOIA Categories A and B; Proactively Seeking Court Assistance May Not Shield Municipalities from an Order to Pay Attorneys’ Fees

Town of Hanover/Hanover Police Department v. Valley News

New Hampshire Supreme Court
December 12, 2025

Court will defer to the land use board’s judgment in weighing evidence and credibility of testimony if the board acted reasonably and there is a good record for the court to rely on

Whittier Communications, Inc. v. Town of Wakefield*

New Hampshire Supreme Court
November 20, 2025

Requiring planning board conceptual consultation for a church was not an unconstitutional burden on the free exercise of religion

Grace New England v. Town of Weare

United States District Court, District of New Hampshire
October 28, 2025

Case Filed to Declare Prohibition on Diversity, Equity, and Inclusion Signed into Law as part of HB 2 Unconstitutional

National Education Ass’n - New Hampshire, et al v. NH Attorney General, et al

United States District Court, District of New Hampshire
August 27, 2025

A Street Shown on an Approved Plan is Deemed a Dedicated Street and Can be Accepted as a Public Highway by a Town or City at Any Time

Taylor Community v. City of Laconia

New Hampshire Supreme Court
August 14, 2025

Legal Standing Requires Close Physical Proximity and Probable Direct Injury to the Aggrieved Party’s Property by the Land Use Project Approved by a Land Use Board

Big Step, LLC v Concord; Cameron v. Concord*

New Hampshire Supreme Court
August 14, 2025

Veterans’ Disability Benefits Constitute Income that Must be Counted when Determining Eligibility for Elderly Property Tax Exemptions, and This is Not Contrary to Federal Law

Appeal of Girard Conti*

New Hampshire Supreme Court
August 12, 2025

The Attorney Client Privilege is Not Subject to a Balancing Test Under the Right-to-Know Law; Employee Settlement Payments Shall Provide Copies of Original Financial Records under RSA 91-A:4, I-a.

Keene Publishing Corp. v. Fall Mountain Regional School District

New Hampshire Supreme Court
May 9, 2025

Voters at a SB 2 Deliberative Session May Amend the Unprescribed Portions of a Warrant Article Whose Language is Otherwise Prescribed by Law

Keith Prive, et al. v. William McFadden, New Boston Select Board

Hillsborough Superior Court – Northern District
April 16, 2025

The Statutory Limited Liability for Municipal Highways and Sidewalks Embraces All Aspects of a Road System, Including Crosswalk Warning Signs and Signals

Raymond Felts v. City of Rochester

New Hampshire Supreme Court
April 14, 2025

My Way Realty Appealed a Superior Court Decision Upholding the Denial of a Special Exception by the Manchester ZBA

My Way Realty, LLC v. City of Manchester*

New Hampshire Supreme Court
April 4, 2025

To Qualify for an Equitable Waiver of Dimensional Requirements a Property Owner Must Have Largely Completed a Structure Built in Reasonable Reliance on a Permit Before a Zoning Violation was Discovered

Garry R. Lane v. City of Dover

New Hampshire Supreme Court
April 2, 2025

Individuals Have a Significant Privacy Interest in their Interactions with Law Enforcement

Laurie A. Ortolano v. City of Nashua

New Hampshire Supreme Court
March 28, 2025

Flags Displayed on the City of Nashua Citizen Flag Pole were Government Speech Not Regulated by the First Amendment

Bethany & Stephen Scaer v. City of Nashua

United States District Court, District of New Hampshire
March 26, 2025

A Community of Interest Among Public Employees to Support a Collective Bargaining Unit Requires Commonly Shared Working Conditions

Appeal of Town of Barnstead

New Hampshire Supreme Court
February 28, 2025

In Order to Reassess the Value of Taxable Property there Must Be a Change in the Market Value; Discovery of an Extreme Underassessment is Insufficient

Merrimack Premium Outlets v. Town of Merrimack

New Hampshire Supreme Court
December 24, 2024

Agencies created by the judicial branch are not included in the definition of “public body” or “public agency” contained within RSA 91-A and therefore their records are not subject to disclosure as a public record under RSA 91-A. However...

Anderson v. New Hampshire Professional Conduct Committee

New Hampshire Supreme Court