Text Keywords - Please select - 10% rule accessory use administration remedies adult entertainment adverse employment action advertisements agricultural uses agritourism amicus brief appeal appraisal appurtenant Banerjee v. Wilmot banning activity building permit camping causal nexus CBA challenged amendments city sign ordinance claim preclusion conditional approvals content based contribution rate Covenant in Gross curtilage decision defamation defamation claims demolition disorderly conduct disparate treatment domicle due process earnable compensation easements eighth amendment electronic records electronicall employment equitable jurisdiction estoppel claims excavation permitting excessive force facial challenge fiduciary responsibility Fifth Amendment final action Firearms Owners' Protection Act firefighters first amendment FLMA leave FMLA eligibility FOPA Fourteenth Amendment Fourth Amendment free speech frontage requirement Garrity Warning gesture of forgiveness government immunity governmental immunity grandfathered junkyards harrasment hold over housing appeals board I immunity impact fees independent contractor intential torts just compensation Lauries List legally-enforceable benefits legitimate interest liability license to carry licensing junk yards manufactured homes median strip money-articles Montenegro NHRS non-budgetary non-money articles nonpublic form nonpublic session parking enforcement petitioned warrant articles political activity procedural requirements procedural safeguards property assessments Proration of taxes public official public property public utility reappointment reckless conduct refund religious signs removal from office reputation residence resignation retaliatory prosecution retirement contribution case retirement reforms retroactively apply Right-to-Know Law RSA 676:17 selectmen recommendations short term rentals site plan social media special exceptions standards for immunity status quo period subdivision approvals subject matter substantive due process taking TCA Telecommunications Act tort liability town meeting warrants unconstitutional interference unfair labor practice unreasonable government intrusion valuations variance voter registration form W-9 Form warrant articles warrantless search water lien workforce housing zoning by-laws 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) May 1, 2009 More Guidance on Court Selection in Enforcement Proceedings State v. Bilc State v. Bilc April 24, 2009 Remand Order Clarified in Second Appeal Auger et al. v. Strafford Auger et al. v. Strafford April 17, 2009 Property Owners Do Not Have Control Over Highway Access Point Location Fred Lowell v. City of Portsmouth Fred Lowell v. City of Portsmouth April 9, 2009 Applicant’s Expert Opinions Outweigh Audubon Fact Sheet Continental Paving, Inc. et al. v. Litchfield Continental Paving, Inc. et al. v. Litchfield April 3, 2009 Court and NHRS Deny Efforts to Enhance ‘Earnable Compensation’ for Teachers’ Pensions Petition of Farmington Teachers Association, NEA-New Hampshire (New Hampshire Retirement System) & Petition of Concord Teachers (New Hampshire Retirement System) Petition of Farmington Teachers Association, NEA-New Hampshire (New Hampshire Retirement System) & Petition of Concord Teachers (New Hampshire Retirement System) April 3, 2009 Termination of Deputy Sheriff Held Not ‘Wrongful Discharge’ MacKenzie v. Linehan et al. MacKenzie v. Linehan et al. March 25, 2009 Land Use Boards in Cell Tower Cases Must State Reasons for Denial in Written Decisions, Not Only in the Minutes Industrial Tower and Wireless, LLC v. East Kingston Industrial Tower and Wireless, LLC v. East Kingston March 20, 2009 Town Not Liable for Sex Discrimination or Retaliation When Prosecutor Resigns after Confrontation with Police Chief Slater v. Town of Exeter et al. Slater v. Town of Exeter et al. March 18, 2009 Extensive Examination of Information on Business and Personal Computers Is Permissible in Civil Litigation Discovery New Hampshire Ball Bearings, Inc. v. W. Scott Jackson, et al. New Hampshire Ball Bearings, Inc. v. W. Scott Jackson, et al. March 18, 2009 Superior Court Holds Proposed Spending Cap Charter Amendment Unauthorized Under New Hampshire Law City of Concord v. William M. Gardner, Sec’y of State et als. City of Concord v. William M. Gardner, Sec’y of State et als. February 25, 2009 Monument’s Message Is ‘Government Speech’ In Public Park, Not Subject to Scrutiny Under Free Speech Clause of First Amendment Pleasant Grove City, Utah, et al. v. Summum Pleasant Grove City, Utah, et al. v. Summum January 16, 2009 County Payments for Long-Term Care Are Not an Unfunded Mandate New Hampshire Association of Counties v. State of New Hampshire New Hampshire Association of Counties v. State of New Hampshire January 9, 2009 Nonconforming Uses and the Importance of the Record in Land Use Cases Dovaro 12 Atlantic, LLC v. Town of Hampton Dovaro 12 Atlantic, LLC v. Town of Hampton December 18, 2008 The Difference Between Wetlands Overlay District and Wetlands Setback Schroeder v. Town of Windham Schroeder v. Town of Windham December 10, 2008 Charity ‘Volunteer’ Was Not an ‘Employee’ under Workers’ Compensation Law Appeal of Roderick Jenks (New Hampshire Compensation Appeals Board) Appeal of Roderick Jenks (New Hampshire Compensation Appeals Board) December 5, 2008 Municipalities Are Preempted from Zoning Regulation of Personal Boating and Boat Docking on Public Waters Lakeside Lodge, Inc. v. Town of New London Lakeside Lodge, Inc. v. Town of New London November 13, 2008 Municipalities May Limit Use of Municipal Websites Sutliffe v. Town of Epping, U.S. District Court for the District of N.H. Sutliffe v. Town of Epping, U.S. District Court for the District of N.H. November 6, 2008 A Flood Is an ‘Other Emergency’ State v. Evelyn Bernard State v. Evelyn Bernard October 31, 2008 Honest Mistake on Part of Owner Not Enough for Equitable Waiver Taylor, Trustee v. Town of Wakefield et al Taylor, Trustee v. Town of Wakefield et al October 31, 2008 University Campus Wastewater Treatment Facility Granted Full Tax Exemption Appeal of Town of Rindge (NH Department of Environmental Services) Appeal of Town of Rindge (NH Department of Environmental Services) October 8, 2008 After-Hours Faxed Motion Not Timely Filed Cardinal Development Corporation v. Town of Winchester Zoning Board of Adjustment Cardinal Development Corporation v. 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