Alfano Law Office, PLLC

Home » Articles

NH Supreme Court Upholds Grant of Conditional Use Permits Over Citizens Group Objections

New Hampshire Supreme Court Upholds Grant of Conditional Use Permits Over Citizens Group Objections

The Supreme Court of New Hampshire (“Court”) recently affirmed approvals of conditional-use permits (CUPs), including one for development in a wetland buffer, over the objections of a Citizens Group. In Appeal of Beal, No. 2022-0182 (N.H. Oct. 12, 2023), the Court affirmed a decision by … Read the rest

Should You Form an Association for Your Private Road in New Hampshire?

Private Roads in NH Series – Part III

Should you form an Association for your Private Road in New Hampshire?

Maintaining a private road in New Hampshire can be a challenging task for residential owners and developers, especially when it comes to coordinating maintenance efforts, obtaining insurance coverage, and dealing with delinquent owners. However, forming an association for your private … Read the rest

NH Supreme Court Mostly Affirms Enforcement of Ordinance Prohibiting Short-Term Rentals of Properties Unless Owner Occupied and Operated

New Hampshire Supreme Court Mostly Affirms Enforcement of Ordinance That Prohibits Short-Term Rentals of Properties Unless Owner Occupied and Operated

The New Hampshire Supreme Court (“Supreme Court”) recently addressed an appeal of a local ordinance that prohibited short-term rentals of residential properties unless they were owner occupied and operated. In effect, the decision upholds local authority to restrict vacation-home rentals … Read the rest

NH Supreme Court Finds Plaintiffs Timely Perfected Appeal Despite Zoning Board Delay in Issuing Written Decision

New Hampshire Supreme Court Finds Plaintiffs Timely Perfected Appeal Despite Zoning Board Delay in Issuing Written Decision

The Supreme Court of New Hampshire (the “Supreme Court”) recently addressed a unique case where the Town of Sunapee’s zoning board failed to issue a written decision denying a variance request until after it had already held and ruled on a motion for … Read the rest

NH Supreme Court Affirms Decision to Uphold Declaratory Judgment on Ownership of Foreclosed Property

A three-justice panel of the New Hampshire Supreme Court (the “Court”) recently affirmed lower court decisions that upheld a declaratory judgment in favor of Wells Fargo as to ownership of a foreclosed property, which the defendant and intervenors tried to prevent from being transferred through a last-minute, no-consideration conveyance and a series of litigious acts. In Wells Fargo Bank, N.A. … Read the rest

What Terms Should Your Private Road Maintenance Agreement Include?

Private Roads in NH Series – Part II

What Terms Should Your Private Road Maintenance Agreement Include?

When creating a private road maintenance agreement in New Hampshire, it is essential to include specific terms to ensure clarity while addressing the rights and obligations of the parties involved. Here are some important terms that should be considered when creating such an … Read the rest

NH Supreme Court Resolves Property Dispute; Plaintiffs Only Had Access Easement

A three-justice panel of the New Hampshire Supreme Court (the “Court”) recently issued a non-precedential order resolving a dispute between adjacent property as to ownership and easement rights of a strip of land labeled driveway and passway on the deeds and property plans. In Spear v. Waite, No. 2022-0063 (N.H. Aug. 24, 2023) (non-precedential), the panel affirmed lower court … Read the rest

NH Supreme Court Interprets Homestead Exemption Law

The Supreme Court of New Hampshire (the “Court”) recently interpreted its homestead exemption law in response to certified questions posed by the New Hampshire federal court in a bankruptcy case. In Brady v. Sumski, No. 2023-0023, (N.H. Aug. 17, 2023), the Court concluded that a spouse who occupies but has no ownership interest in a property cannot claim a … Read the rest

NH Supreme Court Addresses Standards for a Municipality to Comply With Right-To-Know Law

The Supreme Court of New Hampshire (the “Court”) recently addressed the standards for a municipality to comply with the state’s Right-to-Know Law in a case where a member of the public sought property-tax abatement records from the City of Nashua’s Assessing Department. In Ortolano v. City of Nashua, No. 2022-0237 (N.H. Aug. 18, 2023), the Court ordered the City … Read the rest

Taxes, Taxes, Taxes

There are quite a few taxes that come up in the field of estate planning:  Estate Tax, Gift Tax, Inheritance Tax, Income Tax, Capital Gains Tax, and Generation-skipping Transfer Tax to name a few.  Don’t understand these taxes and how they fit into your estate plan?  Don’t worry, we do.  We will discuss Estate Tax, Gift Tax, and Capital Gains … Read the rest

Do You Need a Private Road Maintenance Agreement?

Private Roads in NH Series – Part I

Do you need a private road maintenance agreement?

Private roads, while essential, can pose all sorts of problems for residential property owners and developers. Perhaps the most significant problem facing any private road is the absence of municipal maintenance, which then begs the question: who is responsible for maintaining the private road?  … Read the rest

City Prevails in Legal Battle Concerning Junkyard Property

The New Hampshire Supreme Court recently upheld rulings against a Laconia resident who was using real property as an illegal junkyard. The case, City of Laconia v. Kjellander, provides important lessons for municipalities seeking to enforce their zoning regulations against the record owners of unkempt properties.

The Background

The defendant, Robert Kjellander, owned two lots in Laconia where … Read the rest

NH Supreme Court Interprets Condominium Act – Affirms Condominium Association’s Authority to Purchase Additional Real Property

In an August 3, 2023, opinion, the New Hampshire Supreme Court (the “Court”), affirmed a superior court order dismissing a lawsuit filed by AZNH Revocable Trust and John and Susan Sullivan (“Plaintiffs”) against the Spinnaker Cove Yacht Club Association (the “Association”), concerning the Association’s ability to purchase additional land. 

The underlying controversy arose in April 2021, when the Association’s Board … Read the rest

NH Supreme Court Upholds Variance Granted by Housing Authority Board that Reversed a Rejection by Town Zoning Board

The New Hampshire Supreme Court (the “Court”) recently upheld a Housing Authority Board (“HAB”) decision approving a variance request that had been denied by the Town of Derry’s Zoning Board of Adjustment (“ZBA”). In doing so, the Court reiterated the appropriate standards that both the ZBA and the HAB should apply in considering variance requests.

In late 2021, the owners … Read the rest

What is Probate and How Do I Avoid It?

What is Probate?

Probate is the court-supervised legal process by which a decedent’s will is admitted (recognized) by the court and their assets are distributed to their beneficiaries.  As with most court-involved processes, the probate process can be lengthy and confusing.  Additionally, because probate records are available to the public, there isn’t any privacy in the process.

Unless an exception … Read the rest

Private Road Maintenance 6-Part Series

Navigating the world of private road maintenance?  We are pleased to introduce a six-part series on private road maintenance agreements beginning with our October newsletter.  Your roadmap for the series includes:

October 2023 – Do you need a private road maintenance agreement?

November 2023 – What terms should your private road maintenance agreement include?

December 2023 –  Should you form … Read the rest

The Landscaping Wall in the Buffer Zone

The Landscaping Wall in the Buffer Zone: A Look at the Decision in Palanchian v. Mitchell

In a recent controversy that made its way to New Hampshire’s high court, the dispute revolved around an easement granted to Scott Mitchell (“Mitchell”) over Mark Palanchian’s (“Palanchian”) property in Gilford, New Hampshire.

The parties owned adjacent properties, and Mitchell’s … Read the rest

Reversed! NH Supreme Court Rules in Favor of Property Owner

Reversed! New Hampshire Supreme Court Rules in Favor of Property Owner – Leaseholder Not Able to Provide Permission for Site Plan Review Application

The New Hampshire Supreme Court (the “Court”) recently weighed in on a dispute concerning a site plan review application submitted to the Town of Salem’s (the “Town”) Planning Board (the “Planning Board”). The matter on appeal involved … Read the rest

New Hampshire Supreme Court Reverses Superior Court – Finds Attorney’s Fees Recoverable for Post-Trial Proceedings in Landlord/Tenant Dispute

New Hampshire Supreme Court Reverses Superior Court – Finds Attorney’s Fees Recoverable for Post-Trial Proceedings in Landlord/Tenant Dispute

In a June 22, 2023, decision, the New Hampshire Supreme Court (the “Court”) reversed an order issued by a superior court denying certain attorney’s fees and costs to Plaintiff Alex Luis Morales (“Morales”) in an action brought against Defendant Zenandre Braccio (“Braccio”) … Read the rest

Which Is Better, a Will or a Trust?

Well, the answer is: it depends on your goals and specific circumstances.  Will-based estate plans and trust-based estate plans can accomplish the same goal, which is to distribute your assets upon your death.  That being said, will-based plans do have limitations that trust-based plans do not.  Trust-based plans have more duties at the onset than a will-based plan.  So, you … Read the rest

New Hampshire Supreme Court Affirms Agency Final Disposition Standard – Upholds Lower Court Ruling

In a June 22, 2023, Order, the New Hampshire Supreme Court (the “Court”) expanded upon its prior case law regarding the determination of when an agency action constitutes a final administrative disposition. This ruling can be viewed as a cementing of the Court’s attitude on the subject and sends a message to all those wishing to challenge an administrative action … Read the rest

Trusts & Estate Planning

Many people have preconceived notions about trusts and believe that they are only for multi-millionaires who wish to leave large trust funds to their children. However, this is far from the truth; trusts can be invaluable tools in the estate plans of millions of individuals.

Trusts are simply an arrangement where one party holds property on behalf of another party. … Read the rest

Jurisdiction in an Excavation Permit Appeal

Understanding Lonergan v. Town of Sanbornton: Jurisdiction in an Excavation Permit Appeal

Introduction:

In the recent decision of Lonergan v. Town of Sanbornton, the New Hampshire Supreme Court explored subject matter jurisdiction and the appeals process in connection with excavation permits. The case revolved around the plaintiffs’ failure to follow the appeal procedures outlined in RSA 155-E:9… Read the rest