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Court Update

The case summaries below are based upon Supreme Court slip opinions. Slip opinions are subject to change following motions for rehearing and/or motions for reconsideration. The Court may also modify an opinion without motion. The final version of the Court's opinion is that which appears in the New Hampshire Reports. A yearly compilation of the Supreme Court's municipal law cases is presented each fall at the LGC's annual conference. For a copy of the 2007 Court Update, contact Julie Palmer at 603.224.7447, ext. 100, or by e-mail to jpalmer@nhlgc.org.

Road Layout by Selectmen: Can They Consider Anticipated Impacts from Development?
Green Crow Corporation v. Town of New Ipswich
No. 2007-559, May 30, 2008

Conservation Easement Land Not Available for Yield Plan Density Requirement
Robert E. Naser d/b/a Ren Realty v. Town of Deering Zoning Board of Adjustment
No. 2007-620, May 22, 2008

Zoning Violation Prosecution – District Court Is Neither Quick Nor Cost-Effective Forum
Town of Amherst v. Rosemary A. Gilroy
No. 2006-694, May 20, 2008

Zoning Ordinance Ban on Halfway Houses Denies Equal Protection Under the Law Under Heightened ‘Intermediate Scrutiny’ Test
Community Resources for Justice, Inc. v. City of Manchester
No. 2007-646, April 18, 2008

Off-Site Road Improvement Fees Upheld as Condition of Subdivision Approval Under 2004 Amendment to RSA 674:21, V
Barry O. Upton v. Town of Hopkinton
No. 2007-574, April 8, 2008

Condo Unit Owner Has Standing to Appeal Despite Condo Association’s Agreement Not to Appeal Neighbor’s Planning Board Approval
Johnson et al. v. Town of Wolfeboro et al.
No 2007-653, April 4, 2008

Abutters Must Exhaust Administrative Remedy by Appealing Building Permit to ZBA
McNamara et al. v. Hersh et al.
No. 2007-225, April 4, 2008

Artist-in-Residence Program Qualifies Property for Charitable Exemption
Town of Peterborough v. The MacDowell Colony, Inc.
No. 2007-230, March 14, 2008

‘To See ... or Not to See?’ That Is the Question for the Deliberative Session
Grant et al. v. Town of Barrington
No. 2007-174, March 13, 2008

Aircraft Takeoffs and Landings Can Be Regulated as Accessory Uses by Special Exception
Tonneson v. Town of Gilmanton
No. 2007-202, March 13, 2008

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