Court Updates

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February 25, 2010

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

Construction Materials Recycling Ass’n et al. v. Burack, Commissioner, et al.

Construction Materials Recycling Ass’n et al. v. Burack, Commissioner, et al.
February 19, 2010

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

Collden Corporation v. Wolfeboro

Collden Corporation v. Wolfeboro
February 17, 2010

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

Chao-Cheng Teng v. Kensington et al.

Chao-Cheng Teng v. Kensington et al.
February 11, 2010

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

The LLK Trust v. Wolfeboro

The LLK Trust v. Wolfeboro
February 11, 2010

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

Bedard v. Alexandria

Bedard v. Alexandria
February 11, 2010

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

Kalil et al. v. Dummer

Kalil et al. v. Dummer
February 9, 2010

Civil rights claim barred by three-year statute of limitations

McNamara v. Nashua

McNamara v. Nashua
January 29, 2010

Quasi-governmental entities subject to RSA 91-A

Professional Firefighters of N.H. v. Local Government Center, Inc.

Professional Firefighters of N.H. v. Local Government Center, Inc.
January 14, 2010

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

Smith v. Franklin

Smith v. Franklin
December 31, 2009

Expiration of a use variance is not a ‘taking’

Huard v. Pelham

Huard v. Pelham
December 16, 2009

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

Hill-Grant Living Trust v. Kearsarge Lighting Precinct

Hill-Grant Living Trust v. Kearsarge Lighting Precinct
December 16, 2009

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

Burke v. Pierro and Coco v. Jaskunas

Burke v. Pierro and Coco v. Jaskunas
December 16, 2009

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

Ferson-Lake, LLC. v. City of Nashua

Ferson-Lake, LLC. v. City of Nashua
November 23, 2009

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

Nolen v. Keene

Nolen v. Keene
October 20, 2009

New RSA 21:35, II that extends Saturday filing deadlines to Monday does not apply to ZBA appeals filed before its effective date

Radziewicz. v. Hudson

Radziewicz. v. Hudson
October 14, 2009

Police chief and town moderator held not liable for alleged ‘chilling’ of First Amendment rights before and during town meeting

Artus, et al. v. Atkinson

Artus, et al. v. Atkinson
September 17, 2009

Appeals court affirms ruling that municipalities may control access to municipal websites

Sutliffe, et al. v. Epping, et al.

Sutliffe, et al. v. Epping, et al.
August 28, 2009

Federal Court Upholds ZBA Denial of Variance for Cell Tower

Industrial Tower and Wireless, LLC v. East Kingston

Industrial Tower and Wireless, LLC v. East Kingston
July 31, 2009

Appeal of Denial of License to Carry Must Be Brought in District Court

Garand v. Town of Exeter

Garand v. Town of Exeter
July 2, 2009

Developing a Traffic Detour Plan Is a Discretionary Function

Appeal of the NH Department of Transportation

Appeal of the NH Department of Transportation
June 15, 2009

Plead Now or Forever Hold Your Peace:Res Judicata Bars Later Action, Even on Claims That Were Not Raised

Bews v. Town of Carroll

Bews v. Town of Carroll
June 12, 2009

Beware the Easement that Wasn’t … or Was It?

Soukup v. Brooks

Soukup v. Brooks
June 10, 2009

Town Must Keep Sidewalk Clear of Snow and Ice Under ADA

Tinker v. Commissioner, NH Department of Transportation

Tinker v. Commissioner, NH Department of Transportation
May 7, 2009

When Recorded Evidence Supports the ZBA’s Decision, the Superior Court Must Afford Deference to the ZBA

Farrar v. City of Keene

Farrar v. City of Keene
May 6, 2009

Qualification of Voters a Matter for Federal and State Constitutions—Not Political Parties

Opinion of the Justices (Voting Age in Primary Elections II)

Opinion of the Justices (Voting Age in Primary Elections II)