- April 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 - April 9, 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 - April 3, 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 Serenity, LLC v. Town of Hebron - March 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 - March 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 - February 27, 2024
Subdivision Approvals are Subject to RSA 674:41 and Lots Shall have Street Access
Harvey v. Barrington - February 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 - February 2, 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 - November 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 - November 15, 2023
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
Jason Boucher v. Town of Moultonborough - November 14, 2023
NH Supreme Court Reverses Housing Appeals Board (HAB) Decision and Reinstates Planning Board Decision Because the HAB Wrongly Substituted its Judgment for the Decision of the Planning Board*
Appeal of Town of Roxbury - November 3, 2023
If a Municipality or Agency has Promised a Date by which Documents Requested under Right-to-Know Law will be Available, it Must Either Make the Records Available by Then or Notify the Requester of any Delay*
Albert S. Brandano v. Superintendent of the New Hampshire S.A.U. 16 & a. - November 3, 2023
Media Members who are Resident Citizens of Neighboring States Filing Right-to-Know Requests on Behalf of Publications with New Hampshire Addresses Likely Count as “Citizens” Under RSA 91-A
In Re City of Rochester - October 24, 2023
If a Town Select Board Issues a Decision Denying a Petition to Lay Out or Accept a Class IV, V, or VI Highway, that Decision Constitutes “Refusal” under RSA 231:38.*
Lauren C. Shearer v. Town of Richmond - October 10, 2023
If a Governmental Record has been Retained in an Electronic Format, Including on Back-up Tapes, it May Be Expected for a Municipality to Recover those Documents Pursuant to a Right-to-Know Request
Laurie A. Ortolano v. City of Nashua - October 10, 2023
HAB was Reasonable to Overturn ZBA's Decision Blocking Apartment Development Because ZBA Failed to Consider Economic Unviability was Sufficient to Show Plan is Not Feasible and it Did Not Have Facts to Say the Two Application were Materially the Same
Appeal of James A. Beal & a. - August 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
Bradley M. Weiss & a. v. Town of Sunapee - August 10, 2023
Municipalities Can Receive Attorney’s Fees and Costs under RSA 676:17, II in Cases Where They Prevail in Enforcing the Municipal Zoning Ordinance Through Injunction
City of Laconia v. Robert Kjellander - July 28, 2023
New Hampshire Supreme Court Affirms that Zoning Boards Cannot Factor Anticipated Future Noncompliance with Zoning Laws into its Decisions, Even if an Applicant has Previously Violated the Zoning Ordinance at Other Properties
Jeffrey E. Raymond, Trustee of J&R Realty Trust v. Town of Plaistow - July 24, 2023
The Resignation of Select Board Members was Effective upon Delivery and Did Not Require Acceptance by the Remaining Select Board Member
In Re Town of Warner - May 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 - May 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. - May 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 - May 2, 2023
Under the Definitions Provided by the Conway Zoning Ordinance, Short-term Rentals are Allowed in the Residential District.
Town of Conway v. Kudrick - April 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
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