New Hampshire Case Commentaries

Declaratory Judgment Available for Untimely LUCT Assessments Raising Pure Questions of Statutory Authority (Despite Missed RSA 79-A:10 Appeal Deadline)

Date: Sep 18, 2026

Declaratory Judgment Available for Untimely LUCT Assessments Raising Pure Questions of Statutory Authority (Despite Missed RSA 79-A:10 Appeal Deadline) Case: McMaster Development, LLC v. Town of...

Post-Zarella: Essential-Need and Procedural Protections as Preconditions to Appellate Review of Privately Held Privileged Records

Date: Sep 17, 2026

Post-Zarella: Essential-Need and Procedural Protections as Preconditions to Appellate Review of Privately Held Privileged Records I. Introduction In State of New Hampshire v. Tailor Lemieux (N.H....

Memoranda of Payment Do Not Satisfy RSA 281-A:55-a, II Notice of a “Possible Claim” Against the Special Fund

Date: Sep 5, 2026

Memoranda of Payment Do Not Satisfy RSA 281-A:55-a, II Notice of a “Possible Claim” Against the Special Fund Case: Appeal of Comm'r of N.H. Dep't of Labor, Cite: 2026 N.H. 34 Court: Supreme Court of...

Probate Court Lacks Jurisdiction Over Standalone Challenges to Decedent’s Inter Vivos Deed Absent a “Direct Connection” to Estate Administration

Date: Sep 4, 2026

Probate Court Lacks Jurisdiction Over Standalone Challenges to Decedent’s Inter Vivos Deed Absent a “Direct Connection” to Estate Administration I. Introduction In Allen v. Allen, 2026 N.H. 33, the...

Adverse Possession in New Hampshire: Title Ripens for Long-Standing Encroaching Structures Before Later Acknowledgment; Intermittent Parking After Removal Is Not “Notorious”

Date: Sep 4, 2026

Adverse Possession in New Hampshire: Title Ripens for Long-Standing Encroaching Structures Before Later Acknowledgment; Intermittent Parking After Removal Is Not “Notorious” 1. Introduction In...

Owner-Occupied “Guest” Restrictions Upheld: “Guest” Means Invitee, Not Tenant, and Falls Within RSA 674:16 General Welfare Zoning Authority

Date: Sep 3, 2026

Owner-Occupied “Guest” Restrictions Upheld: “Guest” Means Invitee, Not Tenant, and Falls Within RSA 674:16 General Welfare Zoning Authority Introduction In Christopher Andrews & a. v. Kearsarge...

Harmless-Error Review for Limited 404(b) and CAC-Interview Evidence, Unaffected by Jury Impasse — State v. Giroux (N.H. 2026)

Date: Sep 3, 2026

Harmless-Error Review for Limited 404(b) and CAC-Interview Evidence, Unaffected by Jury Impasse — State v. Giroux (N.H. 2026) 1. Introduction In State of New Hampshire v. Max Giroux (No. 2024-0505),...

Unappealed Final Bench-Trial Findings Moot Appellate Challenges to Prior Summary Judgment Orders

Date: Aug 28, 2026

Unappealed Final Bench-Trial Findings Moot Appellate Challenges to Prior Summary Judgment Orders Case: State Line Trailer Sales, LLC v. Randall L. Bennett, Trustee of the April-May Realty Trust...

Unrealized Lockout Threats and Minor Premises Obstructions Do Not Constitute a Material “Denial of Possession” Under a Commercial Lease

Date: Aug 28, 2026

Unrealized Lockout Threats and Minor Premises Obstructions Do Not Constitute a Material “Denial of Possession” Under a Commercial Lease 1. Introduction Case: Saher Abdel-Hadi v. ZJBV Properties, LLC...

Member-Specific Capital Loss Carrybacks in New Hampshire Water’s-Edge Combined Reporting

Date: Aug 27, 2026

Member-Specific Capital Loss Carrybacks in New Hampshire Water’s-Edge Combined Reporting Case: Hologic, Inc. v. Comm'r, N.H. Dep't of Revenue Admin., 2026 N.H. 32 (N.H. Aug. 26, 2026) Court: Supreme...

State v. Keville (2026 N.H. 31): Sufficiency of Circumstantial Evidence and Post-Police-Search Disposal as Proof of Falsifying Physical Evidence

Date: Aug 26, 2026

State v. Keville (2026 N.H. 31): Sufficiency of Circumstantial Evidence and Post-Police-Search Disposal as Proof of Falsifying Physical Evidence 1. Introduction In State v. Keville, the Supreme Court...

Treatment-Motive Foundations for Child Medical-Hearsay and Limits on Case-Specific “Credibility by Inflection” Expert Testimony

Date: Aug 22, 2026

Treatment-Motive Foundations for Child Medical-Hearsay and Limits on Case-Specific “Credibility by Inflection” Expert Testimony 1. Introduction In State of New Hampshire v. Madison T. West (N.H. Aug....

Severance-of-Title Creates an Appurtenant Parking Easement; Post-Conveyance “Release” by a Non-Owner Is Ineffective

Date: Aug 21, 2026

Severance-of-Title Creates an Appurtenant Parking Easement; Post-Conveyance “Release” by a Non-Owner Is Ineffective Case: James R. McCann v. Brittany Bower & a. Court: Supreme Court of New Hampshire...

Estoppel by Deed Creates an Easement from a Deed’s “Abuttal” Reference Even Where the Way Runs Perpendicularly; Bad-Faith Fee Shifting Limited to Costs of an Unnecessary Separate Quiet Title Action

Date: Aug 21, 2026

Estoppel by Deed Creates an Easement from a Deed’s “Abuttal” Reference Even Where the Way Runs Perpendicularly; Bad-Faith Fee Shifting Limited to Costs of an Unnecessary Separate Quiet Title Action...

No Statutory “Recency” Requirement for a Civil Stalking “Course of Conduct” Under RSA 633:3-a; Passage of Time Goes to Reasonable Fear

Date: Aug 13, 2026

No Statutory “Recency” Requirement for a Civil Stalking “Course of Conduct” Under RSA 633:3-a; Passage of Time Goes to Reasonable Fear Introduction In T.S. v. G.W. (N.H. Aug. 12, 2026) (order issued...

In re H.H.; In re B.H. (2026 N.H. 29) — The 90-Day Permanency Extension Extends Time, Not Reunification Standards

Date: Jul 29, 2026

The 90-Day Permanency Extension Extends Time, Not Reunification Standards: Full Dispositional-Order Compliance Remains in Play at the Second Permanency Hearing Case: In re H.H.; In re B.H., 2026 N.H....

Royce v. State Farm: Umbrella UIM Waiver Does Not Carry Forward to Later Coverage Increases Under the 1991 RSA 264:15, I

Date: Jul 29, 2026

Royce v. State Farm: Umbrella UIM Waiver Does Not Carry Forward to Later Coverage Increases Under the 1991 RSA 264:15, I Introduction In Royce v. State Farm Fire & Cas. Co., 2026 N.H. 28 (N.H. July...

Preservation Required to Invoke Eaton Remarriage-Termination Rule in Alimony Modification Appeals (N.H. Supreme Court)

Date: Jul 21, 2026

Preservation Required to Invoke Eaton Remarriage-Termination Rule in Alimony Modification Appeals 1. Introduction Case: In the Matter of Tara Dickison and Thomas Sileo (Supreme Court of New...

Post-Deed Notice Cannot Cure Failed Pre-Deed Notice: Jones v. Flowers Applied to New Hampshire Municipal Tax Deeds

Date: Jul 20, 2026

Post-Deed Notice Cannot Cure Failed Pre-Deed Notice: Jones v. Flowers Applied to New Hampshire Municipal Tax Deeds 1. Introduction In Manutsom v. Town of Hollis, 2026 N.H. 27, the Supreme Court of...

“In the View of the Board” Does Not Dilute the Applicant’s Evidentiary Burden for a Special Exception

Date: Jul 18, 2026

“In the View of the Board” Does Not Dilute the Applicant’s Evidentiary Burden for a Special Exception Case: Appeal of Murray, 2026 N.H. 26 (N.H. July 15, 2026) Court: Supreme Court of New Hampshire...