Court Updates

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June 5, 2013

Land Use Change Tax- Tax May be Assessed on a “Lot-by-Lot” Basis In Approved Subdivisions as Disqualifying Events Occur

Maplevale Builders, LLC v. Danville

Maplevale Builders, LLC v. Danville
May 21, 2013

Where Protected Property Rights in Employment Are Created by Contract, Constitutional Due Process Must Be Provided before Depriving Employee of Those Rights

Clukey v. Camden

Clukey v. Camden
May 13, 2013

Federal Law Does not Preempt New Hampshire Statute regarding Storage and Handling of Towed Vehicle

Dan’s City Used Cars, Inc. v. Pelkey

Dan’s City Used Cars, Inc. v. Pelkey
April 29, 2013

Right to Know Law: United States Supreme Court Determines the Constitution Does Not Guarantee the Existence of Freedom of Information Laws

McBurney v. Young

McBurney v. Young
April 25, 2013

Land Use: To Have Standing Before the Zoning Board of Adjustment, a Non-Party Must Identify a Direct Injury It Would Suffer Other than Increased Business Competition

Hannaford Brothers Co. v. Bedford

Hannaford Brothers Co. v. Bedford
April 12, 2013

Debt Owed on Excluded Residence Is not Deducted from Overall Net Assets for Elderly Exemption

Appeal of Nashua

Appeal of Nashua
April 12, 2013

RSA 21:35, II Provision Regarding Filing Dates Applies to Appeals from ZBA Decisions

Trefethen v. Derry

Trefethen v. Derry
April 12, 2013

Sign Case Highlights Process Used in Court Review of ZBA Decision

Bartlett Board of Selectmen v. Bartlett Zoning Board of Adjustment

Bartlett Board of Selectmen v. Bartlett Zoning Board of Adjustment
April 3, 2013

Civil Tort Immunity: Recreational Use Statutes Protect Municipalities from Civil Suit for Personal Injury or Property Damage in the Absence of Intentionally Caused Injury or Damage

Reed, & a. v. Portsmouth

Reed, & a. v. Portsmouth
April 3, 2013

Civil Tort Immunity: A Subsequent Indictment by A Grand Jury Does Not Mean a Police Officer is Immune from Civil Suit for a Wrongful Arrest

Osahenrumwen Ojo v. Joseph C. Lorenzo & a.

Osahenrumwen Ojo v. Joseph C. Lorenzo & a.
March 20, 2013

Working with DES, City Obtains Environmental Convictions

New Hampshire v. Guay

New Hampshire v. Guay
March 14, 2013

Tax-Deeding Cases May Not Be Heard by Federal District Court

Nemetz v. Sanbornton
February 25, 2013

Applicant for a Variance Need Not Affirmatively Plead the Threshold Question of Whether Variance Is Necessary; Trial Court Must Consider It when Ruling on Variance Issues

Bartlett v. Manchester

Bartlett v. Manchester
February 25, 2013

Title to Real Estate May Not be Determined in a Circuit Court Possessory Action

Wells Fargo Bank v. Scott Schultz

Wells Fargo Bank v. Scott Schultz
February 25, 2013

Union Settlement Treating Active Employees Differently than Retirees Is Upheld

Appeal of Eric Johnson

Appeal of Eric Johnson
February 25, 2013

Be Cautious When Dealing With Property Occupants During a Pending Foreclosure

Mark Case v. St. Mary’s Bank

Mark Case v. St. Mary’s Bank
February 13, 2013

Where Abatement Claim Fails, Contract Claim May Survive

Signal Aviation Services, Inc. v. Lebanon

Signal Aviation Services, Inc. v. Lebanon
February 13, 2013

Purchaser at Foreclosure Sale May Not Use Self-Help to Evict Residential Tenant

Evans v. J Four Realty, LLC

Evans v. J Four Realty, LLC
February 8, 2013

The “Doctrine of Status Quo” Does Not Require Payment of Step Increases After a CBA Expires

Appeal of Laconia Patrolman Association

Appeal of Laconia Patrolman Association
January 30, 2013

Municipal zoning still applies to State-permit exempt excavations

Carroll v. Rines

Carroll v. Rines
September 28, 2012

Six-Month Suspension under Local Welfare Guidelines Preempted by State Law

Bond v. Martineau

Bond v. Martineau
September 21, 2012

Effective Prohibition under the Telecommunications Act

Industrial Communication and Electronics, Inc. v. Alton

Industrial Communication and Electronics, Inc. v. Alton
August 31, 2012

State constitution's unfunded mandate prohibition does not apply to "mere" financial obligations

City of Concord v. State of New Hampshire

City of Concord v. State of New Hampshire
August 17, 2012

Agreement to Repay Officer Training Costs upon Resignation Is Upheld

New Boston v. Storro

New Boston v. Storro
August 17, 2012

Fire Chief’s Requirement of Residential Sprinklers Upheld; Civil Penalties for Land Use Violations Explained

Atkinson v. Malborn Realty Trust

Atkinson v. Malborn Realty Trust