Court Updates

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October 25, 2019

New Hampshire’s Criminal Defamation Statute, RSA 644:11, Declared Unconstitutional under the First and Fourteenth Amendment to the U.S Constitution

Frese v MacDonald
September 27, 2019

Short Term Rental Use of Property Zoned Residential is Prohibited by a Zoning Ordinance Definition that Such Use is a Prohibited Transient Occupancy

Working Stiff Partners v. Portsmouth
August 30, 2019

Wetland Regulation May be Included in Natural Resource Protection Rules; Local Wetland Protection Rules not Preempted; Board Procedures not Subject to Strict Scrutiny

Denis Girard v. Town of Plymouth
August 22, 2019

Direct Evidence that Retaliation Played a Substantial Role in the Challenged Employment Decision Needed Before Court Review of Whistleblower Claim Switches from "Pretext" to "Mixed Movtive"

Appeal of Wayne Preve
June 24, 2019

United States Supreme Court Comments on How the First Amendment Applies to Governmental Rules

Iancu v. Brunetti
June 21, 2019

Property Taking Claims No Longer Required to Prosecute State or Local Appeal Procedures Before Suing in Federal Court

Knick v. Township of Scott
June 20, 2019

Historical, Religiously Expressive Monuments May Be Maintained by Municipalities Without Violating the Establishment Clause

American Legion v. American Humanist Association
May 14, 2019

Retention of Excess Tax Deed Proceeds Unconstitutional

Polonsky v. Town of Bedford
March 19, 2019

100% Disabled Veterans Qualify for 100% Real Estate Tax Exemption When VA Provides Funds

Appeal of Town of Belmont
January 8, 2019

Equitable Waiver of Dimension Requirement can be Based on a Mistaken Code Interpretation

David F. Dietz & a. v. Town of Tuftonboro
November 6, 2018

Planning Boards Cannot Rely Upon Lay Opinions and Anecdotes Refuted by Uncontroverted Expert Evidence. Planning Boards Cannot Supplant the Specific Regulations and Ordinances that Control the Site Plan Review Process with their Own Personal Feelings.

Trustees of Dartmouth College v. Town of Hanover
November 6, 2018

All New Hampshire Political Subdivisions (Cities, Towns, and Village District) Must Comply with the Age Discrimination in Employment Act of 1967 Regardless of How Many Persons They Employ.

Mount Lemmon Fire District v. Guido
September 14, 2018

Court Allows Charitable Tax Exemption for Summer Youth Camp

The Marist Brothers of New Hampshire v. Town of Effingham
September 7, 2018

Written Findings of Fact to Support a Variance Not Required if not Requested, Provided There is Adequate Evidence in the ZBA Record; Allegations of Bias Must be Raised at the Earliest Opportunity

Rochester City Council v. Rochester Zoning Board of Adjustment
July 20, 2018

Variance Denial Based in Part on “Cumulative Effect” Upheld

Perreault v. New Hampton
July 18, 2018

Verbal Threats of Harm to a Public Official can Constitute the Crime of Improper Influence

State of New Hampshire v. Michael Hanes
June 28, 2018

Statute Allowing Municipalities to Retain Excess Proceeds from Sales of Tax-deeded Property Brought Under Constitutional Scrutiny

Polonsky v. Town of Bedford
June 27, 2018

Compulsory Agency Fees Cannot Be Collected from Non-Union Members

Janus v. AFSCME Council 31
June 14, 2018

Speech Restrictions Inside Polling Places Limited to Issues and Candidates on the Ballot for That Election

Minnesota Voters Alliance v. Mansky
February 28, 2018

Cumulative Effect of a Use Relevant When Judging Spirit of Zoning Ordinance

W. Robert Foley, Trustee v. Town of Enfield
February 13, 2018

City Charter Tax Cap Provision Must Provide for an Override of the Tax Cap

Moriarity v. City of Nashua; Teeboom v. City of Nashua
January 26, 2018

Ambiguous Town Meeting Vote Did Not Completely Discontinue Town Road

Town of Goshen v. Casagrande
September 21, 2017

Electronic Records: Email Delivery Not Required

Taylor v. SAU #55
September 21, 2017

Recreational Use Immunity Statute, RSA 212:34, Protects Town from Personal Injury Claim

Jay Kurowski f/n/f Christopher Kurowski v. Town of Chester
September 7, 2017

City Panhandling Enforcement Policy and Ordinance were not Narrowly Tailored Infringing on First Amendment Protected Speech

Theresa M. Petrello v. City of Manchester