administration remedies

Public Employees Who Suffer Adverse Employment Actions by Municipal Employers can Make Constructive Discharge Claims and a Police Officer who Resigns under Such Circumstances Can Sue for Wrongful Termination Even Without Exhausting Remedies

Jason Boucher was a Moultonborough police officer, rising to the position of sergeant and working full time, until he resigned in June 2020 due to actions of the Select Board (“Board”) that “was very clearly aimed at undermining and isolating him.” He alleged they flipped the chain of command diminishing his authority and harassed him with four allegedly meritless internal investigations in six weeks. He suspected it was retribution for supporting a candidate for chief that the Board did not agree with and for previously assisting other officers in forming a union.

The Resignation of Select Board Members was Effective upon Delivery and Did Not Require Acceptance by the Remaining Select Board Member

On the morning of July 12, 2023, two members of the Town of Warner’s three-person select board sent resignations via email to the other member, the Town Administrator, and the Assistant. Under RSA 669:63, when a vacancy arises in a select board, the remaining members have the power to appoint a replacement if they comply with RSA 41:8 and act with a majority. However, the one remaining member, Harry Seidel, was not a quorum by himself.

Previously Denied Land Use Application can be Materially Different under Fisher v. Dover if Information Sought at the Time of the First Application is Provided as Part of the Second Application

Transfarmations applied for a conditional use permit (CUP) from the Amherst Planning Board seeking permission for a 64 unit planning residential development with a mixture of workforce housing and over-55 housing under the Town’s Integrated Innovative Housing Ordinance. The town ordinance required that the applicant must establish that there will be no significant adverse impacts upon the public health, safety and general welfare from the proposed use. At a public hearing held on December 4, 2019 the board voted to deny the application in part because a traffic study had not yet

A Notice of Violation can Serve as the Initiation of an Enforcement Action and Also as the Basis for an Administrative Appeal

In the latest ruling from the long-running battle between the New Hampshire Alpha Chapter of Sigma Alpha Epsilon, Dartmouth College, and the Town of Hanover, the New Hampshire Supreme Court parsed the language of the statute conferring jurisdiction on the ZBA to determine that the ZBA had subject matter jurisdiction over SAE’s appeal.

Daryl and Mary Dembiec v. Town of Holderness

The New Hampshire Supreme Court reversed the decision of the superior court and held that the petitioners were not required to exhaust administrative remedies before bringing their equitable estoppel claim in court.

Subscribe to administration remedies