Court Updates

Nonconforming Uses and the Importance of the Record in Land Use Cases

The Difference Between Wetlands Overlay District and Wetlands Setback

Charity ‘Volunteer’ Was Not an ‘Employee’ under Workers’ Compensation Law

Municipalities Are Preempted from Zoning Regulation of Personal Boating and Boat Docking on Public Waters

Municipalities May Limit Use of Municipal Websites

A Flood Is an ‘Other Emergency’

University Campus Wastewater Treatment Facility Granted Full Tax Exemption

Honest Mistake on Part of Owner Not Enough for Equitable Waiver

All Removal Proceedings Are Not Created Equal

After-Hours Faxed Motion Not Timely Filed

Court Confirms and Clarifies Parameters of Municipal Immunity

How to Do It Right: Superior Court Upholds Town’s Response to Right to Know Request

Lack of RSA 236 Junkyard License Does Not Invalidate Nonconforming Use under Zoning Ordinance

Zoning Administrator Did Not Violate Constitutional Duty to Assist Opponents of Project with Their ZBA Appeal Process

In Administrative Appeal, ZBA Does Not Defer to Decision Made by Historic District Commission

Federal Appeals Court Reaffirms Earlier Ruling that Upholds City’s Ban on Electronic Messaging Centers

PUC Rules Nashua May Acquire Pennichuck Water Works for $203 million

Suitability of Land for Cell Tower Under Federal Telecommunications Act of 1996, May Make Parcel “Unique” for Purposes of ‘Unnecessary Hardship’

Oral Settlement Agreement of Pending Litigation Will Be Enforced When Court Record Shows Parties’ Assent to Essential Terms of Agreement and No Mistake or Duress

Project with DES Sewage Disposal Permit May Not Be Denied by Planning Board Without More Stringent Local Regulations or Solid Evidence of Health or Safety Risk

Road Layout by Selectmen: Can They Consider Anticipated Impacts from Development?

Zoning Violation Prosecution – District Court Is Neither Quick Nor Cost-Effective Forum

Does the Americans With Disabilities Act Apply During an Arrest by Police?

Development on Portion of a Rollinsford Parcel Held Not an Expansion of a Nonconforming Use on the Dover Portion of the Same Parcel

1700s Lane Is a Class VI Road