Court Updates

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August 20, 2008

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

Kelsey et al. v. Town of Hanover

Kelsey et al. v. Town of Hanover
August 15, 2008

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

Ouellette et al. v. Town of Kingston

Ouellette et al. v. Town of Kingston
August 12, 2008

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

Naser Jewelers, Inc. v. City of Concord

Naser Jewelers, Inc. v. City of Concord
July 25, 2008

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

City of Nashua RSA 38 Proceeding re: Pennichuck Water Works, Public Utilities Commission

City of Nashua RSA 38 Proceeding re: Pennichuck Water Works, Public Utilities Commission
July 15, 2008

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

Ryder Daniels et al. v. Town of Londonderry et al.

Ryder Daniels et al. v. Town of Londonderry et al.
July 2, 2008

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

Hogan Family Enterprises, Ltd. v. Town of Rye

Hogan Family Enterprises, Ltd. v. Town of Rye
July 2, 2008

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

Derry Senior Development, LLC v. Town of Derry

Derry Senior Development, LLC v. Town of Derry
May 30, 2008

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

Green Crow Corporation v. Town of New Ipswich

Green Crow Corporation v. Town of New Ipswich
May 20, 2008

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

Town of Amherst v. Rosemary A. Gilroy

Town of Amherst v. Rosemary A. Gilroy
January 16, 2008

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

Abbott v. Town of Salem et al.

Abbott v. Town of Salem et al.
January 15, 2008

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

Churchill Realty Trust v. City of Dover Zoning Board of Adjustment

Churchill Realty Trust v. City of Dover Zoning Board of Adjustment
December 20, 2007

1700s Lane Is a Class VI Road

Gill v. Gerrato

Gill v. Gerrato
December 18, 2007

Claim that School District Charter Unconstitutional Rejected

Forsberg v. Kearsarge Regional School District

Forsberg v. Kearsarge Regional School District
December 7, 2007

Not All Property Improvements Eligible for Exemption for Persons with Disabilities

Appeal of Kat Paw Acres Trust

Appeal of Kat Paw Acres Trust
December 7, 2007

Standing to Appeal Lost When Purchase and Sale Agreement Lapsed

Joyce v. Town of Weare

Joyce v. Town of Weare
November 9, 2007

PELRB May Not Refuse to Enforce Its Own Rule that Requires Disclosure of Employee Names and Addresses to Union in Bargaining Unit Election

Appeal of State Employees’ Association of New Hampshire, Inc.

Appeal of State Employees’ Association of New Hampshire, Inc.
November 8, 2007

Banning Electronic Changeable Copy Signs Under Zoning Is Valid Restriction on Commercial Free Speech

Carlson’s Chrysler v. City of Concord

Carlson’s Chrysler v. City of Concord
October 31, 2007

Manufactured Housing Parks: Municipality Can Tax New Units Held for Sale on Site and Can Stop Removal of Old Units for Unpaid Taxes—at Least for a While

Green Meadows Mobile Homes, Inc. & a. v. City of Concord

Green Meadows Mobile Homes, Inc. & a. v. City of Concord
October 18, 2007

Property Taxpayers Prolonged Failure to Allow Inspection Is Grounds to Dismiss Abatement Appeal

Appeal of Patrick Walsh & a.

Appeal of Patrick Walsh & a.
October 17, 2007

Felonious Assault on an Election Officer Is Still Felonious Even Though Supervisor of Checklist Was Technically Disqualified

State v. Doyle

State v. Doyle
September 28, 2007

Naming Incorrect Party as Defendant Not Fatal to Appeal of Planning Board Decision

Judy Atwater & a. v. Town of Plainfield

Judy Atwater & a. v. Town of Plainfield
September 21, 2007

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

Macie v. Helms

Macie v. Helms
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 20, 2007

Condominium Easements and Covenants Survive Conveyance of Unit by Tax Deed

Buchholz v. Waterville Estates Association

Buchholz v. Waterville Estates Association