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2024 court update publication

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08/30/2019

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

New Hampshire Supreme Court No. 2018-0495

08/22/2019

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

New Hampshire Supreme Court No. 2018-0675

06/24/2019

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

Iancu v. Brunetti

United States Supreme Court No. 18-302

06/21/2019

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

Knick v. Township of Scott

United States Supreme Court, No. 17–647

06/20/2019

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

American Legion v. American Humanist Association

United States Supreme Court No. 17-1716

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

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

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

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