In a November 7, 2022, Order handed down by the Superior Court for the Northern District of Hillsborough (the “Court”), Defendants David Bukowitz, Paul Berberian, and Jose Flores (“Defendants”) failed to persuade the Court that summary judgment was appropriate in an action brought against them for various alleged violations of trade secrets and … 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
Ten Harris Road, LLC submitted a site plan application as a workforce housing project and requested a waiver of the 50 percent workforce housing requirement, but the planning board denied the waiver request concluding, among other things, that the provided financial information did not support it. Finding in favor of the applicant, the Housing Appeals Board vacated the planning board’s … 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
In an opinion handed down July 21, 2022, the New Hampshire Supreme Court (the
“Court) clarified its position on the standard for which a planning board decision will be
considered final, and thus triggering the appellate review process.
In Stergiou v. City of Dover (Case No. 2021-0139), the Court reviewed an appeal of a
trial court order denying Defendant … Read the rest
In a June 15, 2022, Order, the Honorable David A. Anderson, penned a detailed analysis of New Hampshire’s summary judgment standards, ultimately ruling in the negative on Defendant’s motion for summary judgment in a land contract dispute.
The crux of the case centered around a purchase and sale agreement entered into by Plaintiff Fisher Cat Development, LLC, (“Plaintiff”) and Defendant … 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
