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
The Landscaping Wall in the Buffer Zone: A Look at the Decision in Palanchian v. Mitchell
In a recent controversy that made its way to New Hampshire’s high court, the dispute revolved around an easement granted to Scott Mitchell (“Mitchell”) over Mark Palanchian’s (“Palanchian”) property in Gilford, New Hampshire.
The parties owned adjacent properties, and Mitchell’s … Read the rest
Reversed! New Hampshire Supreme Court Rules in Favor of Property Owner – Leaseholder Not Able to Provide Permission for Site Plan Review Application
The New Hampshire Supreme Court (the “Court”) recently weighed in on a dispute concerning a site plan review application submitted to the Town of Salem’s (the “Town”) Planning Board (the “Planning Board”). The matter on appeal involved … Read the rest
New Hampshire Supreme Court Reverses Superior Court – Finds Attorney’s Fees Recoverable for Post-Trial Proceedings in Landlord/Tenant Dispute
In a June 22, 2023, decision, the New Hampshire Supreme Court (the “Court”) reversed an order issued by a superior court denying certain attorney’s fees and costs to Plaintiff Alex Luis Morales (“Morales”) in an action brought against Defendant Zenandre Braccio (“Braccio”) … Read the rest
In a June 22, 2023, Order, the New Hampshire Supreme Court (the “Court”) expanded upon its prior case law regarding the determination of when an agency action constitutes a final administrative disposition. This ruling can be viewed as a cementing of the Court’s attitude on the subject and sends a message to all those wishing to challenge an administrative action … Read the rest
In the recent decision of Lonergan v. Town of Sanbornton, the New Hampshire Supreme Court explored subject matter jurisdiction and the appeals process in connection with excavation permits. The case revolved around the plaintiffs’ failure to follow the appeal procedures outlined in RSA 155-E:9… Read the rest
In the recent decision of Anthony v. Town of Plaistow, the New Hampshire Supreme Court was faced with a property dispute concerning a site plan application for a commercial development project. The plaintiffs, Richard Anthony and Sanaz Anthony (the “Anthonys”), were property owners who … Read the rest
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
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
