Court Updates
10/28/2014
Only Terms Agreed to Through Collective Bargaining -- Not Past Practices - Create Legally-Enforceable Benefits under a CBA
New Hampshire Supreme Court, No. 2013-690
10/24/2014
Covenant "In Gross" May be Enforced by Anyone with a "Legitimate Interest"
New Hampshire Supreme Court, No. 2013-064
10/10/2014
Prevailing Party Entitled to Costs Without Submitting W-9 Form to City
NH Supreme Court No. 2014-0142
10/08/2014
Zoning Bylaw Targeted at "Secondary Effects" of Adult-Entertainment Held Unconstitutional
US Court of Appeals for the First Circuit No. 12-2121
09/25/2014
Court Orders Secretary of State to Place Charter Question on Ballot
Case No. 226-2014-CV-00542
09/12/2014
Property That is Maintained in a Manner That it Serves the Main Estate Will be Considered Curtilage and Not Open Space and, Therefore, Cannot Qualify for Current Use Taxation
Case No. 2013-0698
09/04/2014
Grandfathered Junkyard Must Comply with Licensing Requirements
Rockingham Superior Court, No. 218-2014-00597
08/29/2014
Northern New England Telephone Operations, LLC D/B/A Fairpoint Communications-NNE v. City of Concord
Failure to Tax Some and Not All Entities Using a Municipality's Rights of Way Does Not Per Se Indicate Selective, Unconstitutional Real Estate Taxation
No. 2013-221
08/28/2014
The Statute that Governs Junk and Scrap Metal Dealers, NH RSA Chapter 322, does not Preempt a City Ordinance that Requires Scrap Dealers to Prepare and Transmit Electronic Records and to Pay a Fifty-Cent Fee on Each Transaction.
No. 2013-357
08/28/2014
Police Chief Who is Hired Under a Written Contract for a Two Year Term May Have His/Her Contract of Employment Terminated Without Being Provided Reasons for His/Her Termination and He/She is not Entitled to a Post-Termination Hearing in the Superior Court
No. 2013-594