Court Updates

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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
January 6, 2012

HB 2 Retirement Reform: Superior Court (1) dismisses challenges to 2012 and 2013 employer rates and (2) rules that all NHRS employees have vested rights after ten years of service

Professional Firefighters of New Hampshire, et al. v. State of New Hampshire et al.

Professional Firefighters of New Hampshire, et al. v. State of New Hampshire et al.
December 14, 2011

“An Ordinance Regulating the Noise Levels of Motorcycles”

Seacoast Motorcycles, Inc. v. North Hampton, Rockingham County Superior Court

Seacoast Motorcycles, Inc. v. North Hampton, Rockingham County Superior Court
December 8, 2011

Consultation with Legal Counsel Requires a Two-Way Conversation with the Attorney

Ettinger v. Madison Planning Board

Ettinger v. Madison Planning Board
December 8, 2011

Lowering Water Level in Pond Was Not a Nuisance or a Taking by Town

Morrissey v. Lyme

Morrissey v. Lyme
November 29, 2011

Prime Wetlands Designations Are ‘Land Use Controls’; Town Has No Standing to Enforce Covenant Between Two Other Parties

Newington v. State of New Hampshire

Newington v. State of New Hampshire
November 3, 2011

What is the actual cost of providing copies under RSA 91-A?

Sourgiadakis v. Littleton

Sourgiadakis v. Littleton
November 3, 2011

Names and retirement benefits are not exempt from disclosure under ‘invasion of privacy’ exemption

Union Leader Corp. v. New Hampshire Retirement System

Union Leader Corp. v. New Hampshire Retirement System
November 2, 2011

FOIA test applies for all law enforcement records under RSA 91-A

Montenegro v. Dover

Montenegro v. Dover
October 31, 2011

Refusal of liquor license is not unconstitutional

Harron v. Franklin - First Circuit Court of Appeals

Harron v. Franklin - First Circuit Court of Appeals
October 27, 2011

Standing to challenge a governmental action depends on the underlying statute

Avery v. New Hampshire Department of Education

Avery v. New Hampshire Department of Education
October 27, 2011

Employees must qualify for bargaining unit at the time PELRB hears and certifies petition

Appeal of Deerfield

Appeal of Deerfield
October 12, 2011

A change in the legal criteria to obtain a variance is a ‘material change of circumstances’

Brandt Development Company of NH, LLC v. Somersworth

Brandt Development Company of NH, LLC v. Somersworth
October 12, 2011

ADA discrimination and retaliation claims provide important lessons for employers

Colon-Fontanez v. San Juan - First Circuit Court of Appeals

Colon-Fontanez v. San Juan - First Circuit Court of Appeals
October 12, 2011

A prescriptive easement which has ripened into a vested right is not extinguished by a tax deed

Marshall v. Burke

Marshall v. Burke
September 22, 2011

Developer not entitled to preliminary subdivision approval before pursuing state and federal permits

Limited Editions Properties, Inc. v. Hebron

Limited Editions Properties, Inc. v. Hebron
September 22, 2011

First Supreme Court variance decision since recodification of RSA 674:33

Harborside Associates, L.P. v. Parade Residence Hotel, LLC

Harborside Associates, L.P. v. Parade Residence Hotel, LLC
September 22, 2011

Court clarifies complex statutes governing comparative negligence in cases with multiple defendants

Ocasio v. Federal Express Corp.

Ocasio v. Federal Express Corp.
September 15, 2011

Landlord fails to prove tenant was personally involved in drug transaction

Nashua Housing Authority v. Wilson

Nashua Housing Authority v. Wilson
September 15, 2011

No RSA 651:70 tort immunity for persons using services of prisoner in county correctional 'Administrative Home Confinement' program

Chatman v. Brady & a.

Chatman v. Brady & a.
August 11, 2011

Disabled food stamp recipient not entitled to enhanced benefits because of unique expenses

Petition of Kalar

Petition of Kalar
August 10, 2011

Applicant for peddler's license has no constitutional right to procedural due process

Frank v. Manchester

Frank v. Manchester
June 15, 2011

Selectmen cannot determine (judicially) the status of a road

Gordon, Trustee v. Rye

Gordon, Trustee v. Rye
June 15, 2011

Discontinued highway did not become a 'private road'

Russell Forest Management, LLC v. Henniker

Russell Forest Management, LLC v. Henniker
May 27, 2011

What the deliberative session may 'not' do

Bailey v. Exeter, Rockingham County Superior Court

Bailey v. Exeter, Rockingham County Superior Court