Court Updates

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May 25, 2004

Court Establishes New Test for ‘Area’ Variances

Boccia v. Portsmouth

Boccia v. Portsmouth
May 24, 2004

Condition of Approval ‘Reasonably Related’ to Purpose of Site Review Regulation

Summa Humma v. Tilton

Summa Humma v. Tilton
May 17, 2004

30-day Deadline Includes Day of Day of ZBA Decision

Ireland v. Town of Candia

Ireland v. Town of Candia
May 14, 2004

Court Holds Wrongful Discharge Is Action Based in Tort Law

Porter v. City of Manchester

Porter v. City of Manchester
April 21, 2004

Conflict of Interest in Board’s Administrative Decisions Does Not Necessarily Invalidate the Vote

Town of Merrimack v. David W. McCray (Norman Carr, Intervenor)

Town of Merrimack v. David W. McCray (Norman Carr, Intervenor)
April 21, 2004

Town Site Plan Authority Not Preempted by OHRV Statute

Town of Lyndeborough v. Boisvert Properties, LLC

Town of Lyndeborough v. Boisvert Properties, LLC
April 16, 2004

Planning Board’s Denial of Subdivision Application Reasonable in Light of Wetlands Ordinance Requirement

Cherry v. Town of Hampton Falls

Cherry v. Town of Hampton Falls
March 31, 2004

‘Legal Precision’ Not Required of Petitioned Zoning Amendments

Lower Bartlett Water Precinct v. Rick Murnik & a.

Lower Bartlett Water Precinct v. Rick Murnik & a.
March 26, 2004

Court Affirms Calculation of Appeal Deadlines

Richard Pelletier v. City of Manchester

Richard Pelletier v. City of Manchester
March 25, 2004

Detailed Reasons Not Required in Tax Abatement Application

GGP Steeplegate, Inc. v. City of Concord

GGP Steeplegate, Inc. v. City of Concord
March 15, 2004

School District Can’t Become City Department by Charter Amendment

City of Manchester School District v. City of Manchester

City of Manchester School District v. City of Manchester
March 15, 2004

Town's Denial of Gun Permit Upheld

Cary Silverstein v. Town of Alexandria

Cary Silverstein v. Town of Alexandria
March 1, 2004

Local Regulation of Solid Waste Facilities Not Preempted, But Narrowly Applied

North Country Environmental Services, Inc. v. Town of Bethlehem

North Country Environmental Services, Inc. v. Town of Bethlehem
January 30, 2004

Confusion Over the Application of the Simplex Unnecessary Hardship Standard

Maureen Bacon v. Town of Enfield

Maureen Bacon v. Town of Enfield
January 30, 2004

PELRB Has Limited Review of Arbitrator’s Decision

Appeal of Laconia School District (New Hampshire Public Employee Labor Relations Board)

Appeal of Laconia School District (New Hampshire Public Employee Labor Relations Board)
December 22, 2003

William Porter & a. v. Town of Sanbornton; Richard Roy & a. v. Town of Sanbornton

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December 8, 2003

HippoPress, LLC v. SMG d/b/a/SMG Operations & a.

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November 10, 2003

School Board Chair Has Authority to Fill Vacancies on Cooperative School District Budget Committee

Sanborn Regional School District v. Budget Committee of the Sanborn Regional School District

Sanborn Regional School District v. Budget Committee of the Sanborn Regional School District
October 24, 2003

Denial of Site Plan Based on Board’s ‘Detailed Findings;’ Bias Claim Must Be Raised at ‘Earliest Possible Time’

Bayson Properties, Inc. v. City of Lebanon

Bayson Properties, Inc. v. City of Lebanon
October 1, 2003

Don’t Wait Too Long to Seek Union Modification

Appeal of City of Laconia (New Hampshire Public Employee Labor Relations Board)

Appeal of City of Laconia (New Hampshire Public Employee Labor Relations Board)
September 30, 2003

Manchester Area Towns Must Approve Fluoride in Water

June Balke v. City of Manchester

June Balke v. City of Manchester
August 25, 2003

Protest Petition Signers Not Limited to Town Property Owners

Rene R. Smagula v. Town of Hooksett

Rene R. Smagula v. Town of Hooksett
August 19, 2003

Municipal Smoking Regulations Preempted

JTR Colebrook, Inc. d/b/a The Colebrook House v. Town of Colebrook

JTR Colebrook, Inc. d/b/a The Colebrook House v. Town of Colebrook
August 1, 2003

Challenge to Tax Deed Fails

Lee James Enterprises, Inc. v. Town of Northumberland

Lee James Enterprises, Inc. v. Town of Northumberland
July 18, 2003

Changes in Operating Procedure Violated CBA

Appeal of Nashua Police Commission (New Hampshire Public Employee Labor Relations Board)

Appeal of Nashua Police Commission (New Hampshire Public Employee Labor Relations Board)