Court Updates

Court Allows Charitable Tax Exemption for Summer Youth Camp

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

Variance Denial Based in Part on “Cumulative Effect” Upheld

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

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

Compulsory Agency Fees Cannot Be Collected from Non-Union Members

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

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

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

Ambiguous Town Meeting Vote Did Not Completely Discontinue Town Road

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

Electronic Records: Email Delivery Not Required

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

Absent Fraud, Voting Irregularities Do Not Invalidate an Election Unless They Affect the Result

Road Excavation Fees Constitute Valid and Reasonable Municipal Fees

No Agreement, No Authority to Tax Cable Network Using Utility Poles

Towns Retain Assessing Discretion Over Utilities; the Unit Method is not Mandatory

DirecTV Facility Antennas and Batteries Not Taxable Real Estate

Destruction by Fire “Good Cause Shown” for Abatement

Non-conforming Use Limited to Uses Maintained When the Non-conformity was Established

Applicant Scoring Sheets are Exempt Internal Personnel Practices

Northern Pass Use of State Highway Easement Is Permitted

Denial of Electronic Sign to Church did not Infringe on Religious Liberty

SB2 Deliberative Session Amendments did not “Eliminate Subject Matter”

Reid v. New Hampshire Attorney General