Court Updates

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April 11, 2005

Names, Addresses Are Exempt from Disclosure When Release Would Not Shed Light on Government Activity

Lamy v. New Hampshire Public Utilities Commission

Lamy v. New Hampshire Public Utilities Commission
April 11, 2005

Assessment of Land Use Change Tax Includes Betterments

Woodview Development Corporation v. Town of Pelham

Woodview Development Corporation v. Town of Pelham
April 4, 2005

Purpose of Zoning Regulation Key to Distinguishing Use and Area Variances

Harrington v. Town of Warner

Harrington v. Town of Warner
March 30, 2005

Workers Claiming Age Bias No Longer Must Prove Discrimination Was Intentional

Smith v. City of Jackson, Mississippi

Smith v. City of Jackson, Mississippi
March 7, 2005

Town Charter’s Recall Provision Ruled Invalid

Knowles v. Latham

Knowles v. Latham
March 4, 2005

Court Determines Scope of Town's Easement to Flow Water

Sanford v. Town of Wolfeboro

Sanford v. Town of Wolfeboro
March 3, 2005

Court Overturns ZBA's Interpretation of Junkyard Ordinance

47 Residents of Deering, N.H. v. Town of Deering; Carroll Greene v. Town of Deering

47 Residents of Deering, N.H. v. Town of Deering; Carroll Greene v. Town of Deering
February 23, 2005

Court Interprets Area Variance Standard

Vigeant v. Town of Hudson

Vigeant v. Town of Hudson
February 17, 2005

Federal Court Dismisses Challenge to Property Inspection Statute

Phillip Smith et al. v. Kelly Ayotte et al.

Phillip Smith et al. v. Kelly Ayotte et al.
February 16, 2005

Town's Exotic Dancing Permit Policy Found Unconstitutional

King's Grant Inn v. Town of Gilford

King's Grant Inn v. Town of Gilford
December 29, 2004

Court Will Not Hear on Appeal Any Claim of Error Not Heard by the ZBA Itself

Laura Fox v. Town of Greenland; Town of Newington v. Town of Greenland

Laura Fox v. Town of Greenland; Town of Newington v. Town of Greenland
December 29, 2004

RSA 197:3 and RSA 31:5 Control Any Warrant Article Resulting in Legal Requirement to Spend Money

Bedford Chapter-Citizens for a Sound Economy v. SAU #25-Bedford School District

Bedford Chapter-Citizens for a Sound Economy v. SAU #25-Bedford School District
December 28, 2004

Prompt Enforcement of Local Ordinances Regulating Junk and Hazardous Materials Is Best Way to Avoid Liability

Mailloux v. Town of Londonderry

Mailloux v. Town of Londonderry
December 3, 2004

Railroads Must Provide Suitable Facilities for Private Crossings, Including Underground Piping

Boston and Maine Corporation v. Sprague Energy Corporation

Boston and Maine Corporation v. Sprague Energy Corporation
November 30, 2004

Federal and State Sludge Laws Do Not Preempt All Local Regulations

Thayer v. Town of Tilton

Thayer v. Town of Tilton
November 30, 2004

The Right-To-Know Law Is Applicable to a Not Wholly Private Or Public Entity

Professional Firefighters of New Hampshire v. HealthTrust, Inc.

Professional Firefighters of New Hampshire v. HealthTrust, Inc.
November 30, 2004

District Agreement Governs Solid Waste Management District's Business Affairs

Franklin v. Town of Newport

Franklin v. Town of Newport
October 21, 2004

Governmental Unit Is Not Liable for Personal Injuries Unless the Result of an Insufficiency with Notice Thereof

Richard v. Pembroke School District

Richard v. Pembroke School District
October 6, 2004

Remedial Statutes Applied Retroactively To Convey Property to School District

Petition of Beauregard

Petition of Beauregard
September 2, 2004

Member Towns in a Cooperative School District Need Not Share All Costs Equally

Town of Acworth & a. v. Fall Mountain Regional School District

Town of Acworth & a. v. Fall Mountain Regional School District
August 31, 2004

Alternative Tax Lien Procedure: Municipalities Not Required to Provide Opportunity for Repurchase to Former Owner for Properties Acquired Before June 25, 1998

Gordonville Corporation N.V. v. LR1-A Limited Partnership

Gordonville Corporation N.V. v. LR1-A Limited Partnership
August 27, 2004

Supreme Court Declines to Impose Specific Posting Requirements for Local Parking Ordinances

State of New Hampshire v. Randall B. Hofland

State of New Hampshire v. Randall B. Hofland
July 16, 2004

City May Tax Utility Poles Licenses

Verizon New England, Inc. v. City of Rochester

Verizon New England, Inc. v. City of Rochester
July 15, 2004

Supreme Court Applies Boccia Standard for Establishing Unnecessary Hardship Factor as Part of Obtaining an Area Variance

Shopland v. Town of Enfield

Shopland v. Town of Enfield
June 25, 2004

Fees Received for Non-Mandated Services are Not PILOTs

Appeal of the City of Portsmouth

Appeal of the City of Portsmouth