Court Updates

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September 14, 2021

Owner-Occupation Requirements in Local Zoning Ordinance Can Limit Impact of Short-Term Rentals on Local Real Estate Market

Christopher Andrews & Kelly Andrews v. Kearsarge Lighting Precinct
June 30, 2021

Select Board Decision Denying Reclassification of a Class VI Road as Class V Vacated and Remanded due to Improper Consideration of the Impact of a Residential Project

William Evans, Trustee v. Town of Pembroke
May 25, 2021

A Notice of Violation can Serve as the Initiation of an Enforcement Action and Also as the Basis for an Administrative Appeal

New Hampshire Alpha of SAE Trust v. Town of Hanover
May 7, 2021

Planning Board Decisions Based on Zoning Regulations Must be Founded on Objectively Clear Zoning Non-Conformities

Ronald Shattuck v. Town of Francestown
April 20, 2021

Written Legal Advice can be Subject to Disclosure under the Right-to-Know Law

Hampstead School Board v. SAU #55
April 8, 2021

Sullyville, LLC v. Town of Carroll

Grandfathered Rights Can be Waived for Future Purchasers by a Filing at the Registry of Deeds, and Failure by the Municipality to Take Enforcement Action Does Not Eliminate this Waiver
March 2, 2021

30-day Time Period for Appealing a Planning Board Decision is Calculated Starting with the Day after the Date of the Decision

Krainewood Shores Assoc. v. Moultonborough
February 9, 2021

A Late Filed Claim for a Charitable Exemption under RSA 72:23-c Not Supported by a Contemporaneous Claim of Accident, Mistake or Misfortune Properly Denied by Town

New London Hospital v. Town of Newport
January 13, 2021

An Easement Exists Over a Discontinued Highway When the Easement is Reasonably Necessary for Access

Lauren Shearer v. Ronald Raymond
December 2, 2020

Police Department Internal Affairs Reports Required to be Disclosed Under the Right-to-Know Law Even When the Underlying Allegations of Police Officer Misconduct are Unfounded.

Samuel Provenza v. Town of Canaan
October 30, 2020

The Exculpatory Evidence Schedule (a/k/a Laurie List) is Not Exempt from Disclosure as Police Personnel File under RSA 105:13-b, Nor is it Exempt Internal Personnel Practice, but Might be Exempt Since Disclosure Would Constitute Invasion of Privacy

New Hampshire Center for Public Interest Journalism v. NH Dept. of Justice.
October 2, 2020

Secretary of State Shall Forward Absentee Voter Registrations Forms Directly to Applicants and Can No Longer Refer Voters to City or Town Clerks

American Federation of Teachers v. Gardner
August 25, 2020

New Hampshire Supreme Court Affirms Discontinuance of a Road by a Town Pursuant to RSA 231:43.

Bellevue Properties v. Town of Conway
July 13, 2020

City Mask Ordinance Legal Under New Hampshire Law

Cooper v. Sununu; City of Nashua
July 8, 2020

An Unspent Annual Appropriation Will Lapse Unless Those Funds are Encumbered by a Legally Enforceable Obligation that Attaches to the Funds Before the End of the Fiscal Year

Monadnock Regional School District v. Monadnock District Education Assoc.
June 15, 2020

An Employer Who Fires an Individual Merely for Being Gay or Transgender Violates Title VII of the Civil Rights Act of 1964.

Bostock v. Clayton County, Georgia
June 9, 2020

A Committee of City Employees that Provides Advice to Planning Board Applicants is Not a Public Body under the Right-to-Know Law; 50 Cents Per Page for Copying is Permissible Under 91-A.

Paul Martin v. City of Rochester
June 3, 2020

Objective Testimony from Residents, Combined with Personal Knowledge of Observable Facts by Board Members Can Refute Expert Opinions

Three Ponds Resort, LLC v. Town of Milton
May 29, 2020

“Internal Personnel Practices” are Not Per Se Exempt from Disclosure, but Exempt if Disclosure is an Invasion of Privacy. “Internal Personnel Practices” are Defined as Internal Rules and Practices Governing Agency’s Operations and Employee Relations

Union Leader Corp. v. Town of Salem
May 29, 2020

The “Internal Personnel Practices” Exemption Under RSA 91-A:5, IV Only Applies to Records of the Internal Rules and Practices Governing an Agency’s Operations and Employee Relations, and Not Information Concerning the Performance of a Particular Employee.

Seacoast Newspapers v. Portsmouth
April 24, 2020

Three-year Limitation on the Duty of a Municipality to Pay Excess Proceeds from the Sale of Tax Deeded Property is Unconstitutional

Polonsky v. Town of Bedford
April 8, 2020

SB 3 Struck Down by the Court as Unconstitutional for Unreasonably Burdening the Right to Vote and Violating Equal Protection Under the New Hampshire Constitution

League of Women Voters v. Gardner
April 8, 2020

Report about Alleged Misconduct by Elected Officials Acting in Their Capacity as Employers not Exempt as Internal Personnel Practice; Members of a Governing Body Cannot be Denied Access to Attorney-Client Communications

Hampstead School District v. SAU #55
March 17, 2020

Employees with Supervisory Duties as Defined in Their Job Descriptions Should Have Been Excluded From a Proposed Collective Bargaining Unit

Appeal of Town of Loudon
December 20, 2019

Product Specifications of Covert Communications Equipment Used by Police Department Exempt from Disclosure under Right-to-Know Law

ACLU of NH & Concord Monitor v. City of Concord