If you have ever driven through newer developments, you may have seen that many of them have ponds. These ponds are installed to assist with stormwater damage by giving the water a place to go. There are a couple different types of ponds used in new developments but first, let’s discuss some of the potential damaging effects of stormwater runoff. … Read the rest
Wetland Council Decision Upheld – Beneficiary Lacks Standing to Bring Claim on Behalf of Trust
In a November 2022 order, the New Hampshire Supreme Court (the “Court”) affirmed a ruling of the New Hampshire Wetlands Council (the “Wetlands Council”), holding that a trust beneficiary lacked the requisite standing to maintain an action challenging the issuance of a shoreland impact permit.… Read the rest
New Hampshire Supreme Court Issues Mixed Ruling in Sibling Estate Squabble
In a December 1, 2022, Order, the Supreme Court of New Hampshire (the “Court”) rendered judgment on a matter concerning a sibling versus sibling fight over their mother’s estate. In the case of Gaetane Benner v. Claudetter Grenier (Case No. 2021-0506), Plaintiff Gaetane Benner (“Plaintiff”) appealed an order of … Read the rest
Have you ever looked at your property tax card? If you haven’t, you may want to check it out sooner than later. We have heard from a few people that they were paying too much in property taxes. The reason being their property tax card had incorrect information listed. Your tax card may not have any errors. However, you won’t … Read the rest
New Hampshire Supreme Court Reverses Planning Board Decision – Clarifies Fisher Subsequent Application Doctrine
In November 30, 2022, opinion, the New Hampshire Supreme Court (the “Court”) clarified the longstanding case law established in Fisher v. City of Dover, otherwise known as the Fisher subsequent application doctrine, which relates to the standard by which planning boards or zoning boards of … Read the rest
ATTENTION INSURANCE COMPANIES! It’s time to look closely at those anti-assignment clauses
The New Hampshire Supreme Court (the “Court”) recently issued an opinion that will have insurance companies taking a much closer look at their anti-assignment clauses. In a controversial decision handed down November 15, 2022, the Court addressed the appeal of an order granting Defendant State Farm Mutual Automobile … Read the rest
Have you heard of a famous hermit named Perley E. Swett? He was a resident of Stoddard, New Hampshire, at the time of his death in 1973.
Native residents of New Hampshire have probably heard the story of Mr. Swett before. He was a man with no money or means of financial support other than the massive property he owned. … Read the rest
Summary Judgment Denied in Trade Secrets Dispute
In a November 7, 2022, Order handed down by the Superior Court for the Northern District of Hillsborough (the “Court”), Defendants David Bukowitz, Paul Berberian, and Jose Flores (“Defendants”) failed to persuade the Court that summary judgment was appropriate in an action brought against them for various alleged violations of trade secrets and … Read the rest
You’re Going to New York!
Superior Court for the Northern District of Hillsborough Enforces Forum Selection Clause
In a recent opinion handed down by the Superior Court for the Northern District of Hillsborough (the “Court”), Plaintiffs Grace Costa and Michael McCann (Plaintiffs) found themselves on the wrong side of a forum selection clause.
The case in controversy originated from a … Read the rest
The Department of Environmental Services did something it hasn’t done in more than 25 years by making massive updates and alterations to the rules and regulations governing New Hampshire wetlands.
Some of the most notable updates have been made to the quality standards of surface water and shorelines. These are statutory updates involving modernized and scientific advancements to accommodate the … Read the rest