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
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
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
Not many states in our country take pride in having their local boards regulating, and enforcing, municipal-specific issues. This includes local land use issues. In our state, we have the motto, “Live Free or Die”. Our state government prefers when localities take charge of issues affecting their homeowners. This is why New Hampshire has numerous laws that help create local … Read the rest
New Hampshire’s system of government is best captured by our state motto: “Live Free or Die.” In comparison to other states, including neighboring states in New England, New Hampshire emphasizes local governance. It empowers municipalities to establish robust local boards to regulate and enforce municipal-specific issues, including local land use issues.
RSA 673:1 permits any local legislative body to establish … Read the rest
