Court Updates

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

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.

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

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

Civil Immunity Granted to Ski Area Operators by Statute is Enforceable

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

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?

Collective Bargaining: Town Cannot Create a New Employment Position for Paramedic Firefighter and Set the Initial Compensation for that Position Without First Bargaining with Designated Union Organization.

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.

Collective Bargaining: Reduction in the Size of a Bargaining Unit Below the Statutory Minimum of Ten Does Not Automatically Cause Decertification of the Unit.

Municipality is Immune from Liability for Intentional Injuries Caused by Municipal Employees Acting Under a Reasonable Belief the Offending Conduct was Authorized by Law.

Seabrook Ordinance Prohibiting Synthetic Cannabinoids (“Spice”) was not Null, Void, and Unenforceable Against Two Seabrook Businesses.

Joint Brief of the NH Municipal Association, NH Association of Counties, and NH School Boards Association, as AMICI CURIAE

Dichiara v. Sanborn Regional School District et al.

Houston Holdings, LLC. v. Portsmouth