Court Updates

U.S. Supreme Court Clarifies TCA’s “In Writing” Requirement

City Sign Ordinance Exempting Flags and Artwork Does not Violate First Amendment

Statute Authorizing Building Demolition Without Prior Notice Does not Violate Due Process

Appointed Plumbing Inspector Held to Have "Employment" Relationship with Town under Insurance Policy

Supreme Court Upholds Retirement Reforms Increasing NHRS Member Contribution Rates

Town Impact Fee Ordinance May Dictate Fee Refunds be Paid to Current Property Owner

Because ZBA Does Not Have Authority to Adjudicate an Equitable Estoppel Claim, Administrative Remedies Need Not Be Exhausted Before Bringing Suit

Immunity Applies Where Alleged Conduct is "Objectively Reasonable" Under the Circumstances

Only Terms Agreed to Through Collective Bargaining -- Not Past Practices - Create Legally-Enforceable Benefits under a CBA

Covenant "In Gross" May be Enforced by Anyone with a "Legitimate Interest"

Prevailing Party Entitled to Costs Without Submitting W-9 Form to City

Zoning Bylaw Targeted at "Secondary Effects" of Adult-Entertainment Held Unconstitutional

Court Orders Secretary of State to Place Charter Question on Ballot

Property That is Maintained in a Manner That it Serves the Main Estate Will be Considered Curtilage and Not Open Space and, Therefore, Cannot Qualify for Current Use Taxation

Grandfathered Junkyard Must Comply with Licensing Requirements

Failure to Tax Some and Not All Entities Using a Municipality's Rights of Way Does Not Per Se Indicate Selective, Unconstitutional Real Estate Taxation

Police Chief Who is Hired Under a Written Contract for a Two Year Term May Have His/Her Contract of Employment Terminated Without Being Provided Reasons for His/Her Termination and He/She is not Entitled to a Post-Termination Hearing in the Superior Court

The Statute that Governs Junk and Scrap Metal Dealers, NH RSA Chapter 322, does not Preempt a City Ordinance that Requires Scrap Dealers to Prepare and Transmit Electronic Records and to Pay a Fifty-Cent Fee on Each Transaction.

Citizens do not Surrender their First Amendment Rights by Accepting Public Employment

If a Defendent has No Legal Duty to a Plaintiff, a Negligence Action Will Fail

Civil Immunity Granted to Ski Area Operators by Statute is Enforceable

Brief of the New Hampshire Municipal Association, as AMICI CURIAE

Police Chief has Discretion to Determine who is a Suitable Person to be Issued a Pistol Permit

Unemployment Compensation: Employee or Independent Contractor?

Courts Are Especially Concerned About Overbroad And Vague Laws That May Have A Chilling Effect On Free Speech, And Will Invalidate Them On That Basis.