Town of Conway v. Kudrick:

A Landmark Decision on Short-Term Rentals and Zoning

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

Joy Street, LLC v. Town of Chesterfield:

A Lesson in Preemption and Local Zoning Ordinances

Introduction:

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

Clearview Realty Ventures, LLC v. City of Laconia: Can a Global Pandemic Justify a Prorated Tax Assessment?

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

In Re: In the Matter of Pamela Smart

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

Restrictive Covenants – New Hampshire Supreme Court Precedential Opinion

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

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

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

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

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

New Hampshire Supreme Court Reverses Planning Board Decision – Clarifies Fisher Subsequent Application Doctrine

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