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NH Supreme Court Upholds Grant of Conditional Use Permits Over Citizens Group Objections
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
Should You Form an Association for Your Private Road in New Hampshire?
Private Roads in NH Series – Part III
Should you form an Association for your Private Road in New Hampshire?
Maintaining a private road in New Hampshire can be a challenging task for residential owners and developers, especially when it comes to coordinating maintenance efforts, obtaining insurance coverage, and dealing with delinquent owners. However, forming an association for your private … Read the rest
NH Supreme Court Mostly Affirms Enforcement of Ordinance Prohibiting Short-Term Rentals of Properties Unless Owner Occupied and Operated
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
NH Supreme Court Finds Plaintiffs Timely Perfected Appeal Despite Zoning Board Delay in Issuing Written Decision
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
NH Supreme Court Affirms Decision to Uphold Declaratory Judgment on Ownership of Foreclosed Property
A three-justice panel of the New Hampshire Supreme Court (the “Court”) recently affirmed lower court decisions that upheld a declaratory judgment in favor of Wells Fargo as to ownership of a foreclosed property, which the defendant and intervenors tried to prevent from being transferred through a last-minute, no-consideration conveyance and a series of litigious acts. In Wells Fargo Bank, N.A. … Read the rest
What Terms Should Your Private Road Maintenance Agreement Include?
Private Roads in NH Series – Part II
What Terms Should Your Private Road Maintenance Agreement Include?
When creating a private road maintenance agreement in New Hampshire, it is essential to include specific terms to ensure clarity while addressing the rights and obligations of the parties involved. Here are some important terms that should be considered when creating such an … Read the rest
NH Supreme Court Resolves Property Dispute; Plaintiffs Only Had Access Easement
A three-justice panel of the New Hampshire Supreme Court (the “Court”) recently issued a non-precedential order resolving a dispute between adjacent property as to ownership and easement rights of a strip of land labeled driveway and passway on the deeds and property plans. In Spear v. Waite, No. 2022-0063 (N.H. Aug. 24, 2023) (non-precedential), the panel affirmed lower court … Read the rest
NH Supreme Court Interprets Homestead Exemption Law
The Supreme Court of New Hampshire (the “Court”) recently interpreted its homestead exemption law in response to certified questions posed by the New Hampshire federal court in a bankruptcy case. In Brady v. Sumski, No. 2023-0023, (N.H. Aug. 17, 2023), the Court concluded that a spouse who occupies but has no ownership interest in a property cannot claim a … Read the rest
NH Supreme Court Addresses Standards for a Municipality to Comply With Right-To-Know Law
The Supreme Court of New Hampshire (the “Court”) recently addressed the standards for a municipality to comply with the state’s Right-to-Know Law in a case where a member of the public sought property-tax abatement records from the City of Nashua’s Assessing Department. In Ortolano v. City of Nashua, No. 2022-0237 (N.H. Aug. 18, 2023), the Court ordered the City … Read the rest