Court Updates

Charter provision that permits governing body and budget committee recommendations on warrant articles does not violate RSA 49-B

When a term is not defined in a zoning ordinance, the plain language of the ordinance and common definition of the term will be used to interpret its meaning

Cellphone towers: Cellular provider and municipality may settle litigation despite objection of abutting landowner

Court adopts new procedure for trial courts when a search warrant seeks privileged medical records

Freedom of the press: A website may be treated the same as traditional news media for purposes of the newsgathering privilege and divulging confidential sources

Paying attorney’s fees for the other side can be costly

Plain meaning of the statute means individual septic systems eligible for tax exemption

The reasoning that leads a planning board to deny an application must be clearly stated in the record

Court upholds PUC: Nashua may acquire Pennichuck Water Works

Adoption of alternate work period for public safety overtime under Fair Labor Standards Act does not require direct notice to employees

First Circuit finds no constitutional right for fire chief to complain about budget during press conference at fatal fire scene

Ban on C&D debris combustion is upheld against constitutional challenge

Planning board decision that conditional approval has expired is subject to 30-day appeal period under RSA 677:15

Various civil rights claims against two towns and their officials are dismissed

Town is not awarded attorney’s fees for enforcement of excavation standards under RSA 155-E

Taking claim must be combined with landowner’s superior court appeal from ZBA denial of variance

Should the assessed value of property be enhanced because adjoining land is in current use?

Civil rights claim barred by three-year statute of limitations

Quasi-governmental entities subject to RSA 91-A

Medicaid-APTD is not ‘APTD’ and does not bar receipt of local assistance

Expiration of a use variance is not a ‘taking’

Two cases involving disputed title to land reinforce basic, but important concepts

A zoning ordinance may validly incorporate a standard from a state administrative rule

A zoning regulation cannot result in an unconstitutional taking of property until the landowner exhausts all opportunities to receive a variance from the regulation

Superior court rules that city has no duty under Right to Know Law to comply with specific request for copies in the form of an e-mail attachment