Court Updates

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*

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.*

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

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

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

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

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

The Resignation of Select Board Members was Effective upon Delivery and Did Not Require Acceptance by the Remaining Select Board Member

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

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

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

Under the Definitions Provided by the Conway Zoning Ordinance, Short-term Rentals are Allowed in the Residential District.

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

Purely Economic Loss Caused by COVID-19 Without Physical Damage to Buildings Does Not Support Claim for Proration of Taxes

NH Supreme Court Reverses Superior Court’s Decision Upholding Conditions Placed on Church’s Special Exception Regarding Occupancy & Hours of Operation; Affirms Superior Court’s Decision to Dismiss Constitutional Claims and Grant Wetlands Special Exception

When Granting Waiver of a Conditional Use Permit Under Innovative Land Use Control, HAB Ruled Party Seeking Waiver Must Demonstrate the CUP Regulation Creates an Unreasonable Hardship; HAB Asserted it has Authority to Issue Declaratory Judgements

Planning Board Deviation From Past Practices When Reviewing a Land Use Project Can Result in Reversal of a Board Decision

Equivocal Public Safety Evidence Did Not Support Denial of a Variance on the Issue of Public Safety

Previously Denied Land Use Application can be Materially Different under Fisher v. Dover if Information Sought at the Time of the First Application is Provided as Part of the Second Application

ZBA Variance Denial Overturned by Housing Appeals Board; Conversion of Obsolete Office Structure to Market Rate Apartments Permitted

Government Must Provide a Record, if the Records Request Enables a Professional Employee of the Agency who was Familiar with the Subject Area of the Request to Locate the Record with a Reasonable Amount of Effort.

Under RSA 672:1, III (e) Municipalities Must Ensure the Exercise of Zoning and Planning Powers do not Discourage the Development of Workforce Housing

When Expressing Official Points of View, Local Government Can Control the Content of Signs and Flags Displayed on Municipal Property Under a Written Policy.

The State Supreme Court Essentially Affirmed the Superior Court’s Opinion that an Investigative Report into a Police Officer’s Conduct is Subject to the Privacy Interest v. Public Interest Balancing Test

Municipalities Can Adopt Sign Codes that Impose More Stringent Regulations or Prohibitions for Off-premise Signs as Opposed to On-premise Signs