Court Update

Now available online:

May 2023

By Stephen C. Buckley, Legal Services Counsel and Jonathan Cowal, Municipal Services Counsel

Where Town Ordinance Combined a Special Exception Process with Excavation Permitting under RSA 155-E, with the ZBA Acting as Regulator, Appeals were Governed by the 10-Day Motion for Rehearing Deadline in RSA 155E:9, Juliana Lonergan & a. v. Town of Sanbornton, New Hampshire Supreme Court Case No. Belknap 2022-0142. 05/31/2023

Keeping Excess Profit from Sale of Tax-Deeded Property Violates the Takings Clause of the Fifth Amendment; a 10% Assessed Penalty Imposed under RSA 80:90, I (f), May be an Excessive Fine under the Eighth Amendment of the US Constitution, Tyler v. Hennepin County, Minnesota, et al. United States Supreme Court Case No. 22-166, 05/25/23

Superior Court Did Not Err when it Dismissed the Plaintiffs’ Untimely Zoning Appeal, and when it Concluded that the Planning Board made a Sufficient Regional Impact Determination, Richard Anthony & a. v. Town of Plaistow, Supreme Court of New Hampshire Case No. Rockingham 2021-0410, 05/16/2023

Under the Definitions Provided by the Conway Zoning Ordinance, Short-term Rentals are Allowed in the Residential District, Town of Conway v. Kudrick, New Hampshire Supreme Court Case No. 2022-0098, 05/02/2023