Court Updates

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

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

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

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

Federal Court Upholds ZBA Denial of Variance for Cell Tower

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

Developing a Traffic Detour Plan Is a Discretionary Function

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

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

Town Must Keep Sidewalk Clear of Snow and Ice Under ADA

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

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

More Guidance on Court Selection in Enforcement Proceedings

Remand Order Clarified in Second Appeal

Property Owners Do Not Have Control Over Highway Access Point Location

Applicant’s Expert Opinions Outweigh Audubon Fact Sheet

Court and NHRS Deny Efforts to Enhance ‘Earnable Compensation’ for Teachers’ Pensions

Termination of Deputy Sheriff Held Not ‘Wrongful Discharge’