Court Updates

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

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

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

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

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

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

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

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

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...

Whether a Nonconforming Use is Lawful Depends Upon the Facts Existing at the Time the Change in the Zoning Ordinance Created the Nonconforming Use

The Eighth Amendment Bar Against Cruel and Unusual Punishment Does Not Bar Local Government from Enforcing Laws Banning Camping on Public Property

Planning Board Improperly Rejected Plan Acceptance When it Conducted a Substantive Review Where it Should Have Only Determined if the Checklist Items Had Been Submitted

Zoning Rules that Provide Limitations and Restrictions on the Manner of Using Travel Trailers Interpreted to Permit Short-term Rental of Such Trailers

The Primex Pooled Risk Management Program is Not Insurance and Statutory Governmental Immunity Remains Intact for Municipalities Covered by Primex

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

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

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

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

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

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

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

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

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*

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

Public Employees Who Suffer Adverse Employment Actions by Municipal Employers can Make Constructive Discharge Claims and a Police Officer who Resigns under Such Circumstances Can Sue for Wrongful Termination Even Without Exhausting Remedies