Court Update

By Stephen C. Buckley, Legal Services Counsel and Natch Greyes, Municipal Services Counsel

Now available online:

December 2021

Government Need Only Establish that Disclosure of a Law Enforcement Record Might Risk Circumvention of the Law; in the Right Circumstances Trial Court Review of Right-to-Know Record Disclosure can Occur in an Ex-Parte In Camera Hearing, ACLU v. City of Concord, New Hampshire Supreme Court Case No. 2020-0036, 12/07/21

November 2021

Cell Tower Location Allowed Where a Gap in Wireless Service Exists, GMR Holdings v. Lincoln, United States District Court, District of New Hampshire Case No. 21-cv-117-SM, Opinion No. 2021 DNH 173, 11/08/21

October 2021

To Permit Removal Under Oath of Office the Divulged Information Must be Defamatory; Notice of a Nonpublic Session Based on Harm to Reputation Need Not be Provided to the Person Whose Reputation Could be Adversely Affected, Tejasinha Sivalingam v. Frances Newton, New Hampshire Supreme Court Case No. 2020-0216, 20200352, 10/05/21

In Order to Reassess the Value of Taxable Property There Must be a Change in the Market Value; Discovery of an Extreme Underassessment is Insufficient. Merrimack Premium Outlets v. Town of Merrimack, New Hampshire Supreme Court Case No. 2020-0358, 10/01/21

September 2021

Housing Appeals Board Requires Planning Board to Revisit Decision on “Good Cause” to Extend Project Commencement and Completion Deadlines under RSA 674:39, IV, Brady Sullivan Prospect Hill v. City of Lebanon, Housing Appeals Board Case No. PBA-2021-06, 09/28/21

Notice to Abutter is Required when Abutter is “Directly” not “Diagonally” Across a Street; and Planning Board Condition that Approvals be Obtained from all Necessary Approving Bodies Validates Conditional Approval, Seabrook Onestop, Inc. & a. v. Town of Seabrook & a., New Hampshire Supreme Court Case No. 2020-0251, 09/16/21

Proving Disproportionality Requires a Taxpayer to Establish its Aggregate Valuation is a Higher Percentage of Fair Market Value than Property in the Municipality Generally, Appeal of City of Keene, New Hampshire Supreme Court Case No. 2020-0473, 09/16/21

Equalization Ratios May be Applied to Fair Market Value Assessments of Electric Utility Property to Determine Appropriate Abatement, Appeal of Town of Chester & a., New Hampshire Supreme Court Case No. 2020-0475, 09/16/21

Owner-Occupation Requirements in Local Zoning Ordinance Can Limit Impact of Short-Term Rentals on Local Real Estate Market, Christopher Andrews & Kelly Andrews v. Kearsarge Lighting Precinct, New Hampshire Superior Court Case No. 212-2018-CV-00049, 09/14/21