Court Updates

Topics

05/14/2019

Retention of Excess Tax Deed Proceeds Unconstitutional

Polonsky v. Town of Bedford

Hillsborough Superior Court, Docket No. 216-2015-CV-388

03/19/2019

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

Appeal of Town of Belmont

New Hampshire Supreme Court No. 2018-0217

01/08/2019

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

David F. Dietz & a. v. Town of Tuftonboro

New Hampshire Supreme Court Case No. 2017-0536

11/06/2018

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

United States Supreme Court Case No. 17-587

11/06/2018

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

New Hampshire Supreme Court Case No. 2017-0595

09/14/2018

Court Allows Charitable Tax Exemption for Summer Youth Camp

The Marist Brothers of New Hampshire v. Town of Effingham

New Hampshire Supreme Court Opinion No. 2017-0187

09/07/2018

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

New Hampshire Supreme Court Case No. 2017-0501

07/20/2018

Variance Denial Based in Part on “Cumulative Effect” Upheld

Perreault v. New Hampton

New Hampshire Supreme Court No. 2017-0225

07/18/2018

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

State of New Hampshire v. Michael Hanes

New Hampshire Supreme Court No. 2017-0170

06/28/2018

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

Polonsky v. Town of Bedford

New Hampshire Supreme Court Case No. 2016-0354

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