Court Updates

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July 31, 2012

Taxpayer's failure to sign and certify abatement petition does not necessarily preclude relief on appeal

Henderson Holdings at Sugar Hill, LLC v. Town of Sugar Hill

Henderson Holdings at Sugar Hill, LLC v. Town of Sugar Hill
July 20, 2012

Collective bargaining agreement under RSA 31:3 is preempted by RSA 273-A

Professional Fire Fighters of Wolfeboro, IAFF Local 3708 et al. v. Wolfeboro

Professional Fire Fighters of Wolfeboro, IAFF Local 3708 et al. v. Wolfeboro
July 18, 2012

Statutes do not preempt City ordinance that assesses street damage fees for permits to excavate in highways

EnergyNorth Natural Gas, Inc. d/b/a National Grid NH v. Concord

EnergyNorth Natural Gas, Inc. d/b/a National Grid NH v. Concord
June 29, 2012

RSA 674:41 appeals: Strict compliance with appeal procedures is required

Bosonetto v. Richmond

Bosonetto v. Richmond
June 29, 2012

Court upholds planning board's site plan regulation waiver

Property Portfolio Group, LLC v. Derry

Property Portfolio Group, LLC v. Derry
June 12, 2012

Claims for constructive discharge and breach of contract barred by statute of limitations

Jeffery v. Nashua

Jeffery v. Nashua
June 12, 2012

City-owned land not taxable under lease where both parties believed it was nontaxable

Lebanon Hangar Associates, Ltd. v. Lebanon

Lebanon Hangar Associates, Ltd. v. Lebanon
June 4, 2012

Administrative burden of making refunds justifies unequal treatment of taxpayers

Armour v. City of Indianapolis, United States Supreme Court

Armour v. City of Indianapolis, United States Supreme Court
May 30, 2012

School district investigation is exempt from disclosure, but sealed minutes may not be

Union Leader Corp. v.Wilton-Lyndeborough Cooperative School District

Union Leader Corp. v.Wilton-Lyndeborough Cooperative School District
May 22, 2012

Disclosure exemption for law enforcement records applies to agencies other than traditional law enforcement agencies

38 Endicott Street North, LLC v. State Fire Marshal

38 Endicott Street North, LLC v. State Fire Marshal
May 22, 2012

Religious property tax exemption may be applied to portions of property based on actual use

Appeal of Liberty Assembly of God

Appeal of Liberty Assembly of God
May 22, 2012

Pollution control exemption not available for contingent systems that do not operate regularly

Appeal of Town of Seabrook

Appeal of Town of Seabrook
May 11, 2012

Consultation with legal counsel is confidential when client has reasonable expectation of confidentiality

Professional Fire Fighters of N.H. v. N.H. Local Government Center

Professional Fire Fighters of N.H. v. N.H. Local Government Center
April 23, 2012

Frivolous motions under RSA 91-A result in award of fees and costs to defendant town

Cady v. Deerfield Selectmen

Cady v. Deerfield Selectmen
March 30, 2012

State retirement plan is a ‘contract’ with employees which may be altered, but it is unclear how much

Cloutier v. State of New Hampshire

Cloutier v. State of New Hampshire
March 28, 2012

City may be part of an ‘integrated-enterprise’ with PEG station in employment discrimination

Masso v. Manchester et al.

Masso v. Manchester et al.
March 23, 2012

Amendment to site plan negates vested rights

Harborside Associates, L.P. v. Portsmouth

Harborside Associates, L.P. v. Portsmouth
February 27, 2012

Documents created by attorney’s agent in connection with legal representation may be exempt from disclosure under RSA 91-A

Cameron v. Marlborough Board of Selectmen

Cameron v. Marlborough Board of Selectmen
February 24, 2012

Town and State DOT not liable for accident at inoperable traffic light during December 2008 ice storm

Ford v. N.H. Dep’t of Transportation, et al.

Ford v. N.H. Dep’t of Transportation, et al.
February 24, 2012

Firefighter may sue for slip and fall at fire scene

Antosz et al. v. Allain

Antosz et al. v. Allain
February 16, 2012

ZBA decision to grant rehearing may violate FCC “Shot Clock” for cell tower application if case is prolonged past 150 days

New Cingular Wireless PCS, LLC v. Stoddard

New Cingular Wireless PCS, LLC v. Stoddard
January 31, 2012

Superior Court finds numerous violations of RSA 91-A, but also rules that consultant’s documents may be exempt from disclosure as attorney “work product”

Cameron, et al. v. Marlborough Board of Selectmen

Cameron, et al. v. Marlborough Board of Selectmen
January 30, 2012

Superior court orders disclosure of complaints about school board member’s conduct at school sporting events

Conway Daily Sun v. Conway School District

Conway Daily Sun v. Conway School District
January 19, 2012

Superior Court rules that names of all applicants for interim school superintendent job must be disclosed to the public under Right to Know Law

Taylor v. Oyster River Cooperative School Board, Strafford County Superior Court

Taylor v. Oyster River Cooperative School Board, Strafford County Superior Court
January 13, 2012

The right of free speech in a public forum, Mount Monadnock and Bigfoot

Doyle v. Commissioner, Department of Resources & Economic Development

Doyle v. Commissioner, Department of Resources & Economic Development