Court Update

Now available online:

November 2022

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

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 v. Town of Amherst, New Hampshire Supreme Court Case No. 2021-0214, 11/20/2022

ZBA Variance Denial Overturned by Housing Appeals Board; Conversion of Obsolete Office Structure to Market Rate Apartments Permitted, Chelmsford Hooksett Properties, LLC v. Town of Hooksett, Housing Appeals Board Case No. ZBA-2022-10, 11/14/2022

October 2022

Government Must Provide a Record, if the Records Request Enables a Professional Employee of the Agency who was Familiar with the Subject Area of the Request to Locate the Record with a Reasonable Amount of Effort, Colquhoun v. City of Nashua, New Hampshire Supreme Court Case No. 2021-0253, 10/26/2022

Under RSA 672:1, III (e) Municipalities Must Ensure the Exercise of Zoning and Planning Powers do not Discourage the Development of Workforce Housing, Appeal of Town of Windham, New Hampshire Supreme Court Case No. 2021-0473, 10/04/2022