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Reference Library |
Court Decisions
(More court decisions may be found on the LGC Court Update pages.) |
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General Information/Legal Updates
- "New Hampshire Court Decisions Affecting Zoning and Land Use Regulations",
OSP, June, 1994 [Word file] 
- New Hampshire Supreme Court Land Use Cases
compiled by Atty. Peter J. Loughlin for the 2006 OEP Spring Conference, Track II - Basics for the Zoning Board of Adjustment, Session A - Getting Organized
- Legislative/Legal Updates
- Legislative/Legal Update
from the OSP Spring Planning & Zoning Conference, April 20, 2002, by Ben Frost
- Legal Update
from the OSP Spring Planning & Zoning Conference, April 12, 2003, by Tim Bates
- Legal Update
from the OEP Spring Planning & Zoning Conference, May 8, 2004, by Tim Bates
- Legal Update
from the OEP Spring Planning & Zoning Conference, April 9, 2005, by Tim Bates
- 2007 Land Use Law Update
from the OEP Spring Planning & Zoning Conference, April 28, 2007, by Tim Bates
- A New Hampshire Planner’s Review of Recent Court Decisions and Legislation
from the OEP Spring Planning & Zoning Conference, April 26, 2008, by Ben Frost, Esq.
- A New Hampshire Planner’s Review of Recent Court Decisions and Legislation
from the OEP Spring Planning & Zoning Conference, May 2, 2009, by Ben Frost, Esq.
- A New Hampshire Planner’s Review of Recent Legislation and Court Decisions
from the OEP Fall Planning & Zoning Conference, October 17, 2009, by Ben Frost, Esq.
- New Hampshire 2009-10 Land Use Law in Review - Cases and Statutes
from the OEP Spring Planning & Zoning Conference, May 8, 2010, by Ben Frost, Esq.
- New Hampshire 2010 Land Use Law in Review - Statutes and Cases
from the OEP Fall Planning & Zoning Conference, November 13, 2010, by Ben Frost, Esq.
- New Hampshire 2010-2011 Land Use Law in Review - Statutes and Cases
from the OEP Spring Planning & Zoning Conference, June 11, 2011, by Ben Frost, Esq.
- See "Land Use Law Update"
Presenters: Attorney Christopher L. Boldt, Donahue, Tucker & Ciandella, PLLC
Attorney Benjamin D. Frost, New Hampshire Housing Finance Authority
NHMA law lecture #3, Fall 2011
Every three or four years it's time to put recent developments in land use law in perspective. This lecture provides the latest information on legislation affecting the roles, powers and procedures of land use boards and officials and the important decisions of the courts, including the 2011 legislation on residential sprinklers, lot mergers, shoreland protection and more.
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Superior Court Decisions
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Selected Supreme Court Decisions [also see the NH Supreme Court slip opinions]
1991 | 1995 | 2000 | 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 | 2010 | 2011 |
1991
WAYNE BRITTON & a. v. TOWN OF CHESTER, July 24, 1991
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1995
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2000
- EDWIN AND STEPHANIE SIMONSEN v. TOWN OF DERRY, November 15, 2000
- Excerpt (PDF
) from LGC Law Lecture #1, Fall 2005: "Off-site Exactions and Impact Fees: Balancing Municipal Interests and Private Property Rights" outlining the history leading up to Simonsen and the resulting 2004 legislation amending RSA 674:21.
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2001
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2002
- NEW HAMPSHIRE DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT v. E. MILTON DOW and E. MILTON DOW d/b/a DOW SAND AND GRAVEL Argued: March 7, 2002, Opinion Issued: July 17, 2002
- HEARTZ V. CONCORD Argued: June 5, 2002 Opinion Issued: September 17, 2002
- Summary of the case by Ben Frost, September 2002
- GREGORY RALLIS v. TOWN OF HAMPTON PLANNING BOARD Opinion Issued: February 7, 2001
- WILLIAM TIDD v. TOWN OF ALTON Argued: January 3, 2002 Opinion Issued: October 11, 2002
- Summary of the case by Ben Frost, October 2002
- AWL POWER, INC. v. CITY OF ROCHESTER Argued: October 17, 2002 Opinion Issued: December 9, 2002
(relative to "substantial completion" of projects and RSA 674:39)
- Summary of the case by Ben Frost, December 2002
- HENRY TORROMEO & MDR CORPORATION v. FREMONT Argued: July 11, 2002 Opinion Issued: December 13, 2002
(relative to growth management and the adoption of a CIP)
- Summary of the case by Ben Frost, December 2002
- MONAHAN-FORTIN PROPERTIES v. HUDSON Argued: October 17, 2002 Opinion Issued: December 24, 2002
(relative to properties being subjected to both a growth management ordinance and an impact fee ordinance)
- Summary of the case by Ben Frost, December 2002
- R.J. MOREAU COMPANIES, INC. v. LITCHFIELD Argued: November 13, 2002 Opinion Issued: December 24, 2002
(relative to changes to an impact fee assesment schedule)
- Summary of the case by Ben Frost, December 2002
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2003
- BONNITA RANCOURT & a. v. CITY OF MANCHESTER Submitted: November 21, 2002 Opinion Issued: January 10, 2003
(relative to the 5 part variance test)
- Summary of the case by Ben Frost, January 2003
- HOOKSETT CONSERVATION COMMISSION v. HOOKSETT ZONING BOARD OF ADJUSTMENT, Argued: June 12, 2002, Reargued: January 14, 2003, Opinion Issued: January 23, 2003
(The latest from the supreme court helps to define who a "party" is for the purposes of appeals of ZBA decisions.)
- Summary of the case by Ben Frost, January 2003
- SMAGULA v. TOWN OF HOOKSETT, Argued: July 9, 2003, Opinion Issued: August 25, 2003
(In this interesting case, the Supreme Court has clarified some ambiguities surrounding the problems of zoning amendment protest petitions under RSA 675:5.)
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2004
- MAUREEN BACON v. TOWN OF ENFIELD Argued: June 12, 2003, Opinion issued: January 30, 2004
(This is a deliciously complex opinion that addresses (though does not necessarily clarify) some of the aspects of hardship delineated three years ago in Simplex v. Newington.)
- Confusion Over the Application of the Simplex Unnecessary Hardship Standard,
from "Court Update", by Gary H. Bernier, Esquire, New Hampshire Town and City, March 2004, New Hampshire Municipal Association
- Plan-link posting
by Ben Frost summarizing the case, February 3, 2004
- reply
by Neil Faiman, Chairperson, Wilton ZBA, February 3, 2004
- and a final reply
by Ben Frost, February 10, 2004
- ERNEST M. CHERRY, JR. & A. v. TOWN OF HAMPTON FALLS & A., Argued: October 9, 2003, Reargued: March 10, 2004, Opinion Issued: April 16, 2004
(Planning boards and applicants must work together - it is a two-way street. Municipalities may adopt more restrictive wetlands rules because the statute specifically states that DES rules shall serve as a minimum.)
- TOWN OF LYNDEBOROUGH v. BOISVERT PROPERTIES, LLC & a. Argued: February 11, 2004, Opinion Issued: April 21, 2004
(Municipalities are NOT preempted by state law from regulating OHRV/ATV [Off-Highway Recreational Vehicle/All Terrain Vehicle] use on private property.)
- Plan-link
posting by Ben Frost summarizing the case, April 21, 2004
- THOMAS IRELAND v. TOWN OF CANDIA, Argued: March 11, 2004, Opinion Issued: May 17, 2004
(Timelyness of filing a Motion for Rehearing.)
- Summa Humma Enterprises, LLC d/b/a MB Tractor v. Town of Tilton & a. Argued: March 11, 2004, Opinion Issued: May 24, 2004
(Authority of the planning board in conducting site plan review.)
- Michael Boccia & a. v. City of Portsmouth & a. Argued: March 11, 2004 Opinion Issued: May 25, 2004
(Use and area variances)
- Russell Shopland & a. v. Town of Enfield Argued: October 8, 2003 Opinion Issued: July 15, 2004
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2005
- Leonard Vigeant v. Town of Hudson Argued: September 23, 2004 Opinion Issued: February 23, 2005
(Use and area variances)
- John R. Harrington & a v. Town of Warner Argued: December 9, 2004 Opinion Issued: April 4, 2005
(Use and area variances)
- DHB, Inc. v. Town of Pembroke, No. 2004-397, June 14, 2005
- FRANK CAPARCO & a. v. TOWN OF DANVILLE, NORMA DROWNE & a. v. TOWN OF SANDOWN Argued: June 22, 2005 Opinion Issued: November 15, 2005
(Impact fees can be adjusted.)
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2006
- STANLEY COLLA & a. v. TOWN OF HANOVER

Submitted: November 16, 2005 Opinion Issued: January 27, 2006
(Adequacy of motion for rehearing.)
- Chester Rod and Gun Club, INC. v. Town of Chester Argued: May 10, 2005 Opinion Issued: September 2, 2005
- Boulders at Strafford, LLC v. Town of Strafford
Strafford No. 2005-140, June 13, 2006
- JOSEPH THOMAS & a. v. TOWN OF HOOKSETT
, Argued: March 8, 2006, Opinion Issued: July 20, 2006
(Vesting, "active and substantial building and development", 674:39.)
- ROBERT L. GARRISON & a. v. TOWN OF HENNIKER

Argued: March 9, 2006 Opinion Issued: August 2, 2006
(Unnecessary hardship, expert testimony, sufficiency of evidence of the uniqueness of the property.)
- ARNOLD GOLDSTEIN v. TOWN OF BEDFORD & a.

Argued: May 10, 2006 Opinion Issued: November 22, 2006
(Standing, person aggrieved)
- MICHELLE J. ROBINSON v. TOWN OF HUDSON

Argued: September 13, 2006 Opinion Issued: December 20, 2006
(ZBA can impose variance conditions.)
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2007
- MALACHY GLEN ASSOCIATES, INC. v. TOWN OF CHICHESTER

Argued: January 5, 2007 Opinion Issued: March 20, 2007
(Area variance, variance request cannot be used as a reason to deny the variance, substantial justice.)
- summary
of the case from New Hampshire Town and City, May 2007
- COMMUNITY RESOURCES FOR JUSTICE, INC. v. CITY OF MANCHESTER

Argued: November 14, 2006 Opinion Issued: January 24, 2007
- PHILIP AUGER & a. v. TOWN OF STRAFFORD & a.

Argued: May 10, 2007 Opinion Issued: August 23, 2007
(Waivers must meet the standards on the subdivision regulations, meeting attendance consistency.)
- summary of the case (Ben Frost Plan-link posting 12/31/07)
- 74 COX STREET, LLC & a. v. CITY OF NASHUA & a.

Argued: June 7, 2007 Opinion Issued: September 21, 2007
(Land use boards can reconsider their own decisions, failed motion for rehearing [lack of a second] constitutes denial.)
- summary of the case (Ben Frost Plan-link posting 9/22/07)
- supplement
to the NHMA Law Lecture #3, Fall 2007, "Legal Issues for Land Use Board Members"
- Carlson's Chrysler v. City of Concord

Argued: April 3, 2007 Opinion Issued: November 8, 2007
(Electronic signs, commercial speach.)
- summary of the case (Ben Frost Plan-link posting 11/9/07)
- companion article about the First Circuit Federal Court of Appeals case Naser Jewelers, Inc. v. City of Concord by Ben Frost for the NHPA and NNECAPA newsletters
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2008
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2009
- Dovaro 12 Atlantic, LLC v. Town of Hampton

Argued: November 19, 2008 Opinion Issued: January 9, 2009
(This opinion provides further refinement to the law of nonconforming uses and illustrates the importance of presenting relevant facts in a land use case at the earliest possible time.)
- CONTINENTAL PAVING, INC. & a. v. TOWN OF LITCHFIELD

Argued: February 18, 2009 Opinion Issued: April 9, 2009
(Special exception, validity of expert testimony, ZBA members personal knowledge.)
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2010
- PIKE INDUSTRIES, INC. & a. v. BRIAN WOODWARD & a.
Argued: January 13, 2010 Opinion Issued: May 7, 2010
- WILLIAM BATCHELDER & a. v. TOWN OF PLYMOUTH ZONING BOARD OF ADJUSTMENT
Argued: January 20, 2010 Opinion Issued: May 7, 2010
- Hill-Grant Living Trust v. Kearsarge Lighting Precinct
Argued: September 24, 2009 Opinion Issued: December 16, 2009
- JUDY ATWATER & a. v. TOWN OF PLAINFIELD
Argued: January 20, 2010 Opinion Issued: July 20, 2010
- JANET AND PETER SAUNDERS v. TOWN OF KINGSTON
Argued: January 13, 2010 Opinion Issued: July 23, 2010
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2011
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| More court decisions may be found on the LGC Court Update pages. |
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Microsoft Word format. You can download a free reader from Microsoft.
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