Court Updates

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May 3, 2024

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

Charles Cole v. Town of Conway
April 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
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