Court Updates

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02/23/2022

Under RSA 106-H:14 There is a Categoric Exemption for 911 Recordings from the Right-to-Know Law. This Exemption Applies Not Only to the Name, Number and Location of the Caller But Also to the Content of the Recording.

B&C Management v. NH Division of Emergency Services

New Hampshire Supreme Court Case No. 2020-0052

01/19/2022

Under RSA 236:112 Property Inundated with Junk is a “Junk Yard” Even if the Owner is Not Selling Junk.

Town of Lincoln v. Joseph Chenard

New Hampshire Supreme Court Case No. 2020-0316

12/07/2021

Government Need Only Establish that Disclosure of a Law Enforcement Record Might Risk Circumvention of the Law; in the Right Circumstances Trial Court Review of Right-to-Know Record Disclosure can Occur in an Ex-Parte In Camera Hearing.

ACLU v. City of Concord

New Hampshire Supreme Court Case No. 2020-0036

11/08/2021

Cell Tower Location Allowed Where a Gap in Wireless Service Exists.

GMR Holdings v. Lincoln

United States District Court, District of New Hampshire Case No. 21-cv-117-SM, Opinion No. 2021 DNH 173

10/05/2021

To Permit Removal Under Oath of Office the Divulged Information Must be Defamatory; Notice of a Nonpublic Session Based on Harm to Reputation Need Not be Provided to the Person Whose Reputation Could be Adversely Affected.

Tejasinha Sivalingam v. Frances Newton

New Hampshire Supreme Court Case No. 2020-0216, 2020-0352

10/01/2021

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 Case No. 2020-0358

09/28/2021

Housing Appeals Board Requires Planning Board to Revisit Decision on “Good Cause” to Extend Project Commencement and Completion Deadlines under RSA 674:39, IV

Brady Sullivan Prospect Hill v. City of Lebanon

Housing Appeals Board Case No. PBA-2021-06

09/16/2021

Notice to Abutter is Required when Abutter is “Directly” not “Diagonally” Across a Street; and Planning Board Condition that Approvals be Obtained from all Necessary Approving Bodies Validates Conditional Approval

Seabrook Onestop, Inc. & a. v. Town of Seabrook & a.

New Hampshire Supreme Court Case No. 2020-0251

09/16/2021

Proving Disproportionality Requires a Taxpayer to Establish its Aggregate Valuation is a Higher Percentage of Fair Market Value than Property in the Municipality Generally

Appeal of City of Keene

New Hampshire Supreme Court Case No. 2020-0473

09/16/2021

Equalization Ratios May be Applied to Fair Market Value Assessments of Electric Utility Property to Determine Appropriate Abatement

Appeal of Town of Chester & a.

New Hampshire Supreme Court Case No. 2020-0475

1/11/2018
10% rule
11/13/2014
accessory use
administration remedies
adult entertainment
adverse employment action
advertisements
agricultural uses
agritourism
amicus brief
appeal
appraisal
appurtenant
Banerjee v. Wilmot
banning activity
building permit
causal nexus
CBA
challenged amendments
city sign ordinance
claim preclusion
conditional approvals
content based
contribution rate
Covenant in Gross
curtilage
decision
defamation
defamation claims
demolition
disorderly conduct
disparate treatment
domicle
due process
earnable compensation
electronic records
electronicall
employment
equitable jurisdiction
estoppel claims
excessive force
facial challenge
fiduciary responsibility
Fifth Amendment
final action
Firearms Owners' Protection Act
firefighters
first amendment
FLMA leave
FMLA eligibility
FOPA
Fourteenth Amendment
Fourth Amendment
free speech
frontage requirement
Garrity Warning
gesture of forgiveness
government immunity
governmental immunity
grandfathered junkyards
harrasment
hold over
housing appeals board
I
immunity
impact fees
independent contractor
intential torts
just compensation
Lauries List
legally-enforceable benefits
legitimate interest
liability
license to carry
licensing junk yards
manufactured homes
median strip
money-articles
Montenegro
NHRS
No. 2012-334
non-budgetary
non-money articles
nonpublic form
nonpublic session
parking enforcement
petitioned warrant articles
political activity
procedural requirements
procedural safeguards
property assessments
public utility
reappointment
reckless conduct
refund
religious signs
removal from office
reputation
residence
retaliatory prosecution
retirement contribution case
retirement reforms
retroactively apply
Right-to-Know Law
RSA 676:17
selectmen recommendations
short term rentals
standards for immunity
status quo period
subject matter
substantive due process
taking
TCA
Telecommunications Act
tort liability
town meeting warrants
unconstitutional interference
unfair labor practice
unreasonable government intrusion
valuations
variance
voter registration form
W-9 Form
warrant articles
warrantless search
water lien
workforce housing
zoning by-laws

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