The American legal system is a complex dance between maintaining procedural rigidity, on one hand, and ensuring the effective administration of justice on the other. In the recent decision of Graham v. Eurosim Construction, the New Hampshire Supreme Court revisited this delicate balance in the context of … Read the rest
Having an estate is not limited to the Rockefeller’s, Vanderbilt’s, or extremely wealthy people. Believe it or not, you do have an estate. Since an estate consists of cars, real estate, bank accounts, and personal possessions among other things, practically everyone has an estate.
When someone passes away, his or her property must somehow pass to another person. In New … Read the rest
Subject matter jurisdiction is a critical aspect of any legal proceeding, determining which court has the authority to hear and decide the merits of a particular case. The recent case of Loik v. Loik, decided by the Supreme Court of New Hampshire, offers renewed insight into the issue of subject matter jurisdiction in connection with post-divorce property disputes.… Read the rest
Vermont Telephone Co. v. FirstLight Fiber: The Propriety of Taking Certain Depositions After Discovery has Closed
In the telecommunications industry, the complexities of legal disputes often reach far beyond simple contractual disagreements between opposing parties. A recent example of this reality is the ongoing litigation between Vermont Telephone Company, Inc. (“VTel“) and FirstLight Fiber, Inc. (“FirstLight… Read the rest
Easements sometimes sit dormant for decades, even centuries. Our office often defends easements created 50, 100 and even 250 years ago and rarely used by the owners and their predecessors in title. Times change, memories lapse, and easement references get dropped from deeds. When that happens, does the holder of the easement lose any rights? How does nonuse of an … Read the rest
In the recent case of Town of Conway v. Kudrick, the New Hampshire Supreme Court grappled with a zoning ordinance question that has implications for property owners, municipalities, and the growing short-term rental (“STR”) market. The Court was asked to determine whether non-owner-occupied STRs are … Read the rest
The New Hampshire Supreme Court’s recent decision in Joy Street, LLC v. Town of Chesterfield provides valuable insights into the complex relationship between local zoning ordinances and state statutes in the context of land use regulations. This case offers a reminder of … Read the rest
When buying a new house, it is important to have a property survey done in addition to an inspection of the house. If you did not have a survey done when purchasing the house, you should make sure to have one done before making improvements or additions to the property. Additions such as sheds or fences can accidentally encroach upon … Read the rest
In Clearview Realty Ventures, LLC v. City of Laconia, the New Hampshire Supreme Court addressed the question of whether a commercial property owner is entitled to a prorated tax assessment based on the COVID-19 pandemic and the associated closure of certain non-essential … Read the rest
If you have been following the case of Pamela Smart, the former school employee convicted of conspiring with her teenage lover to murder her husband in 1990, you may have heard that her latest petition was denied by the New Hampshire Supreme Court. But what you may not know is that the … Read the rest
In the December 6, 2006, opinion of Shaff v. Leyland, the New Hampshire Supreme Court (the “Court”) took up an issue of first impression concerning the standing required to enforce restrictive covenants attached to land. 154 N.H. 495, 914 A.2d 1240 (N.H. 2006).
The facts surrounding this dispute first began in … Read the rest
Alfano Law Office would like to welcome Jason Curtis to the firm as an estate planning and probate attorney. Jason focuses his practice only on estate planning and probate. He is a member of WealthCounsel, a well-known national estate planning organization of over 4,000 attorneys. WealthCounsel membership brings with it the sharing of collective knowledge and cutting-edge estate planning … Read the rest
In addition to federal taxes, states impose additional state and local taxes (SALT). Since New Hampshire does not have traditional income or sales taxes, it uses SALT to generate revenue. Locally, New Hampshire taxes property and real estate, whereas on the state level, goods and services may be taxed (this includes things such as business income and sales and use).… Read the rest
In a January 18, 2023 opinion, the New Hampshire Supreme Court (the “Court”) affirmed an order rendered by the Housing Appeals Board (the “HAB”) vacating the Town of Amherst’s Planning Board’s (the “Board”) denial of a subdivision and site plan submitted by Migrela Realty Trust II … Read the rest
In a recent decision out of the Superior Court for the Northern District of Hillsborough (the “Court”), dueling motions for summary judgments submitted by Vermont Telephone Company, Inc. (“Plaintiff”) and FirstLight Fiber, Inc. (“Defendant”) were denied.
The conflict between Plaintiff and Defendant goes all the … Read the rest
(This is an excerpt from our Road Law Guide. To read more and download the full guide click here.)
In the context of public roads, acceptance is an act by a municipality or the general public to make a dedicated road available for use by the traveling public. Acceptance can be accomplished formally, such as by vote of the … Read the rest
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
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
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
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
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
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
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
