Alfano Law Office, PLLC

Alfano Law Office, PLLC
Phone: (603) 856-8411 • Fax (603) 290-5521
4 Park Street, Concord, NH 03301
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Home » Court Updates

Appeal of Town of Amherst

Housing Appeals Board Decision Affirmed by New Hampshire Supreme Court in Planning Board Appeal

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

Filed Under: Court Updates

VT Telephone Co. v. FirstLight Fiber Inc.

Denied! Superior Court for the Northern District of Hillsborough denies dueling motions for summary judgment

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

Filed Under: Court Updates

Appeal of Todd McIntire

appeal of todd mcintire

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

Filed Under: Court Updates, General

Benner v. Grenier

benner grenier

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

Filed Under: Court Updates, General

Costa and McCann v. PureFacts Financial Solutions

costa mccann PureFacts financial

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

Filed Under: Court Updates, General

Appeal of Chichester Commons

appeal of chichester commons

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

Filed Under: Court Updates, Real Estate Law

Highway Discontinuances are Problematic to NH Property Owners

land use appeals, intestate estate, highway discontinuances

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

Filed Under: Court Updates, General, Road Law

NH Supreme Court Upholds Commercial Property Tax Abatement Denial

NH Supreme Court, tax abatement, title, inverse condemnation

The New Hampshire Supreme Court has upheld a denial of tax abatement for a commercial property in Dover.

I) Background on Tax Abatement in New Hampshire

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

Filed Under: Court Updates, New Hampshire Property Tax Alerts, Property Investments, Property Tax Law, Real Estate Law, Taxes

City Liable for Trespass after Landowner Revoked License

sewer line

The New Hampshire Supreme Court found a city liable for trespass by not removing a sewer line after the landowner revoked their license.

I) Background

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

Filed Under: Court Updates, General, Real Estate Law

NH Supreme Court: A Temporary Well Easement Can Be Permanent

easement, alfano law

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

Filed Under: Court Updates, General, Real Estate Law

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Recent Articles

Appeal of Town of Amherst

Housing Appeals Board Decision Affirmed by New Hampshire … [Read More...]

VT Telephone Co. v. FirstLight Fiber Inc.

Denied! Superior Court for the Northern District of … [Read More...]

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(This is an excerpt from our Road Law Guide. To read more … [Read More...]

Why Developments Use Ponds to Prevent Stormwater Damage

If you have ever driven through newer developments, you may … [Read More...]

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