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A three-justice panel of the New Hampshire Supreme Court (the “Court”) recently issued a non-precedential order resolving a dispute between adjacent property as to ownership and easement rights of a strip of land labeled driveway and passway on the deeds and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 In Spear v. Waite, No. 2022-0063 (N.H. Aug. 24, 2023) (non-precedential), the panel affirmed lower court … Read the rest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