Court Updates

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September 21, 2007

Torts: Court Extends Protection of ‘Official Immunity’ to Police Officers Who Make Discretionary Decisions in the Course of their Official Duties

Sarah Everitt v. General Electric Co. & a.

Sarah Everitt v. General Electric Co. & a.

September 21, 2007

ZBA Has Inherent Authority to Reconsider a Denial of a Request for Rehearing within the 30-day Appeal Period

74 Cox Street, LLC v. City of Nashua

74 Cox Street, LLC v. City of Nashua

September 21, 2007

Torts: Negligent Driver Owes No Duty of Care to Municipal Contractor Injured During Post-Incident Repair

September 20, 2007

Condominium Easements and Covenants Survive Conveyance of Unit by Tax Deed

Buchholz v. Waterville Estates Association

Buchholz v. Waterville Estates Association

August 23, 2007

Public Employers Beware: ‘Just Cause’ and a Collective Bargaining Agreement

Appeal of Merrimack County (New Hampshire Labor Relations Board)

Appeal of Merrimack County (New Hampshire Labor Relations Board)

August 23, 2007

Board’s Preference Not a Substitute for ‘Undue Hardship or Injustice’

Philip Auger & a. v. Town of Strafford & a.

Philip Auger & a. v. Town of Strafford & a.

To Contest Municipal Election Results, Claimant Must Have ‘Sustained’ Direct Injury that Differentiates Him or Her from Other Members of Community

John J. Babiarz v. Town of Grafton

John J. Babiarz v. Town of Grafton

Federal Drug Conviction Does Not Prevent Municipality from Seeking Forfeiture of Automobile Involved in Delivery or Distribution of Drugs in Separate State Court Proceeding

In re Toyota Avalon VIN #4T1BJ18BXWU251611

In re Toyota Avalon VIN #4T1BJ18BXWU251611

Regulation Requiring a Minimum Size for Building Site Serves Legitimate Land Use Purpose

Doyle v. Town of Gilmanton

Doyle v. Town of Gilmanton

Concealed Weapon Statute Found to Be Constitutional and Sufficiently Specific to Support Action to Revoke License for Misconduct in Handling of Concealed Weapon

Edward J. Bleiler v. Chief, Dover Police Department

Edward J. Bleiler v. Chief, Dover Police Department

Court Requires Strict Adherence to Administrative Permitting Process Conducted by Department of Environmental Services (DES) to Implement Comprehensive Shoreland Zoning Act

Marianna L. Cayten et. al. v. NH Department of Environmental Services & NH Department of Environmental Services v. Joseph Marino, et al.

Marianna L. Cayten et. al. v. NH Department of Environmental Services & NH Department of Environmental Services v. Joseph Marino, et al.

Potential Civil Rights Liability from Decisions Involving Federal Laws or Fundamental Property Rights

Koor Communications, Inc. v. City of Lebanon

Koor Communications, Inc. v. City of Lebanon

Unanimous Court Upholds Wetlands Ordinance

Maud Anderson & a. v. Motorsports Holdings, LLC

Maud Anderson & a. v. Motorsports Holdings, LLC

Lawful Operation a Requirement for Protection of RSA 159-B

Residents Defending Their Homes & a. v. Lone Pine Hunters’ Club, Inc. & a.

Residents Defending Their Homes & a. v. Lone Pine Hunters’ Club, Inc. & a.

Dog Bites Porch—Town Not Liable for Damages

Dan Cui v. Chief, Barrington Police Department

Dan Cui v. Chief, Barrington Police Department

Court Clarifies Religious Tax Exemption

Appeal of City of Nashua (New Hampshire Board of Tax and Land Appeals)

Appeal of City of Nashua (New Hampshire Board of Tax and Land Appeals)

Remedies for Violation of the Right to Know Law

ATV Watch v. New Hampshire Department of Resources and Economic Development

ATV Watch v. New Hampshire Department of Resources and Economic Development

Change to Year-Round Use Is Not an Unlawful Expansion of Nonconforming Use

Severance v. Town of Epsom

Severance v. Town of Epsom

Police Statements to the Media May Not Be Conditionally Privileged

Terry Thomas v. Telegraph Publishing Co.

Terry Thomas v. Telegraph Publishing Co.

Lack of Findings in a ZBA Decision Is Not Necessarily “Error”

Kalil v. Town of Dummer ZBA

Kalil v. Town of Dummer ZBA

City Held Liable for Tortious Acts of Elected Official Under Respondeat Superior

Porter v. City of Manchester

Porter v. City of Manchester

ZBA’s Denial of Area Variance to Self-Storage Facility Overturned on Appeal

Malachy Glen Associates, Inc. v. Town of Chichester

Malachy Glen Associates, Inc. v. Town of Chichester

Supreme Court Clarifies Standard for Issuance of Preliminary Injunction

NH Department of Environmental Services v. Mottolo

NH Department of Environmental Services v. Mottolo

February 28, 2007

Building Permit for Class VI Road Lot Upheld

Blagbrough Family Realty Trust v. A&T Forest Products, Inc. & a.

Blagbrough Family Realty Trust v. A&T Forest Products, Inc. & a.

January 31, 2007

Strict Time Limit for Rebuilding Nonconforming Uses Is Upheld…For Now

McKenzie v. Town of Eaton Zoning Board of Adjustment

McKenzie v. Town of Eaton Zoning Board of Adjustment