Court Updates

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11/14/2023

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

New Hampshire Supreme Court Case No. 2022-0238

11/03/2023

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

Office of the Right to Know Ombudsman Docket No. RKO 2023-018

11/03/2023

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.

New Hampshire Supreme Court Case No. 2022-0084

10/24/2023

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

New Hampshire Supreme Court Case No. 2022-0362

10/10/2023

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.

New Hampshire Supreme Court Case Nos. 2022-0182

10/10/2023

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

New Hampshire Supreme Court Case No. 2022-0237

08/23/2023

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

New Hampshire Supreme Court Case No. 2022-0309

08/10/2023

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

New Hampshire Supreme Court Case Nos. 2022-0276

07/28/2023

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

New Hampshire Supreme Court Case Nos. 2022-0236

07/24/2023

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

Merrimack County Superior Court Case No. 217-2023-CV-370

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