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
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
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
In 2015, Chichester Commons proposed to build a 24-unit elderly housing facility on approximately two acres and requested a waiver of the density requirement, which the planning board approved. After proposing a different project in 2018, in 2020, Chester Commons again proposed a 24-unit elderly housing facility and requested another density waiver request, which the planning board denied. The Housing … Read the rest
For years, NH property owners have had to defend their properties against overreaching local governments. There is a law in place in New Hampshire from 2006 that states no land can be taken from a property owner to be given for the purpose of private use or development. However, even that law was not enough to prevent a ruling to … Read the rest
The New Hampshire Supreme Court has upheld a denial of tax abatement for a commercial property in Dover.
Municipal ad-valorem property taxes are based on the fair market value of the subject property. If a city values the property for more than it is actually worth, the property owner ends up … Read the rest
The New Hampshire Supreme Court found a city liable for trespass by not removing a sewer line after the landowner revoked their license.
When neighboring landowners are friendly with one another, they are likely to informally grant licenses to each other to use or access their properties for a variety of reasons. For example, informally allowing a … Read the rest
Is a deed’s language granting a “temporary” well easement enough to ensure that the easement is actually temporary? The New Hampshire Supreme Court determined it did not in its opinion in Arell v. Palmer, 2020 WL 6372951 (N.H. October 30, 2020).
Arell involved a dispute between owners of two neighboring residential properties. When the defendants bought their property, their … Read the rest
