New Hampshire Case Commentaries

Variance Scope Is Defined by Applicant Representations; Public Rentals and Simulator Uses Exceed Accessory-Use Variances, and Redevelopment Abandons Prior Nonconforming Use — 135 NSS, LLC v. City of Concord (N.H. 2025)

Date: Aug 13, 2025

Variance Scope Is Defined by Applicant Representations; Public Rentals and Simulator Uses Exceed Accessory-Use Variances, and Redevelopment Abandons Prior Nonconforming Use — 135 NSS, LLC v. City of...

Temporary Alimony in New Hampshire Is Not Bound by the 23% Formula When Reasonable Need Is Lower

Date: Aug 7, 2025

Temporary Alimony in New Hampshire Is Not Bound by the 23% Formula When Reasonable Need Is Lower Introduction Case: In the Matter of Valerie Bois and Alan Bois Court: Supreme Court of New Hampshire...

No “Formal Authority” Requirement: Father-Figure and Religious-Leader Roles Can Constitute a “Position of Authority” Under RSA 632-A:2, I(k)

Date: Aug 7, 2025

No “Formal Authority” Requirement: Father-Figure and Religious-Leader Roles Can Constitute a “Position of Authority” Under RSA 632-A:2, I(k) Case: State v. Reed, 2025 N.H. 34 (N.H. Aug. 6, 2025)...

Inquiry Notice in Fiduciary Investment Relationships: Trust and Opaque Reporting Can Delay the Statute of Limitations Under RSA 508:4, I

Date: Aug 2, 2025

Inquiry Notice in Fiduciary Investment Relationships: Trust and Opaque Reporting Can Delay the Statute of Limitations Under RSA 508:4, I Introduction In BDP Holdings, LLC v. The Eideard Group, LLC &...

State v. Allore: Professional Standards, Not Patient Consent, Control “Medical Provider” Sexual Assault; Consent Evidence Under “Surprise” Assault Goes Only to the Theory of the Case

Date: Jul 31, 2025

State v. Allore: Professional Standards, Not Patient Consent, Control “Medical Provider” Sexual Assault; Consent Evidence Under “Surprise” Assault Goes Only to the Theory of the Case Introduction In...

Calder’s “Express Aiming” Requires More Than Foreseeable In‑State Harm: General Out‑of‑State Tax Rules and Routine Enforcement Letters Do Not Create New Hampshire Personal Jurisdiction Over Foreign Officials

Date: Jul 23, 2025

Calder’s “Express Aiming” Requires More Than Foreseeable In‑State Harm: General Out‑of‑State Tax Rules and Routine Enforcement Letters Do Not Create New Hampshire Personal Jurisdiction Over Foreign...

No Tenancy by Form or Family Arrangement: RSA 540-A Requires a True Lease (Auclair v. Harvey, N.H. July 22, 2025)

Date: Jul 23, 2025

No Tenancy by Form or Family Arrangement: RSA 540-A Requires a True Lease Commentary on: Adrien Auclair v. Colton Harvey & a., Supreme Court of New Hampshire, No. 2024-0186, Order dated July 22, 2025...

Reasonable Necessity Persists Under New Hampshire’s Stand‑Your‑Ground Law; Mere Non‑Recovery of a Weapon Cannot Sustain Falsifying‑Evidence Convictions — Commentary on State v. Harris, 2025 N.H. 32

Date: Jul 23, 2025

Reasonable Necessity Persists Under New Hampshire’s Stand‑Your‑Ground Law; Mere Non‑Recovery of a Weapon Cannot Sustain Falsifying‑Evidence Convictions Commentary on State v. Harris, 2025 N.H. 32...

Failure to Appear and Failure to Disclose Permit Income Attribution and Unequal Division: Zieroff Clarifies Trial Court Discretion and Appellate Record Presumptions in Default Divorce Hearings

Date: Jul 22, 2025

Failure to Appear and Failure to Disclose Permit Income Attribution and Unequal Division: Zieroff Clarifies Trial Court Discretion and Appellate Record Presumptions in Default Divorce Hearings...

No Seasonal Exception to RSA 205-A:3 — Continuous Tenancy and 18-Month Change‑of‑Use Notice Required in Manufactured Housing Parks (Dobens v. Fagnant)

Date: Jul 18, 2025

No Seasonal Exception to RSA 205-A:3 — Continuous Tenancy and 18-Month Change‑of‑Use Notice Required in Manufactured Housing Parks Dobens v. Fagnant, 2025 N.H. 31 (N.H. July 17, 2025) Introduction In...

State v. Raymond: Experience-Based “General Education” Expert Testimony on Domestic-Violence Dynamics Is Admissible Without Daubert Factor Analysis Under RSA 516:29-a

Date: Jul 16, 2025

State v. Raymond: Experience-Based “General Education” Expert Testimony on Domestic-Violence Dynamics Is Admissible Without Daubert Factor Analysis Under RSA 516:29-a Introduction In State v....

EES Pre‑Placement Due Process Clarified; Trial Courts Must Apply the 2024 “Activity Logs” Standard to “Potentially Exculpatory” Determinations

Date: Jul 3, 2025

EES Pre‑Placement Due Process Clarified; Trial Courts Must Apply the 2024 “Activity Logs” Standard to “Potentially Exculpatory” Determinations Introduction In John Doe v. Town of Lisbon & a., No....

Weaponizing Social Media as a “Course of Conduct” Under New Hampshire’s Stalking Statute: No Direct Threat Requirement in D.V. v. R.G.

Date: Jul 3, 2025

Weaponizing Social Media as a “Course of Conduct” Under New Hampshire’s Stalking Statute: No Direct Threat Requirement in D.V. v. R.G. Introduction In D.V. v. R.G. (N.H. July 2, 2025), the Supreme...

Differentiated Aid Cannot Backfill Base Adequacy: N.H. Supreme Court Strikes RSA 198:40-a, II(a), Endorses a “Conservative Minimum Threshold” (But Bars Immediate Court-Ordered Payments)

Date: Jul 2, 2025

Differentiated Aid Cannot Backfill Base Adequacy: N.H. Supreme Court Strikes RSA 198:40-a, II(a), Endorses a “Conservative Minimum Threshold” (But Bars Immediate Court-Ordered Payments) Introduction...

One-Time Selective Timber Harvest Is Not “Commercial Activity” Under Residential Restrictive Covenants in New Hampshire

Date: Jul 2, 2025

One-Time Selective Timber Harvest Is Not “Commercial Activity” Under Residential Restrictive Covenants in New Hampshire Case: Kathryn Wolf v. Patrick Brown (No. 2024-0068) Court: Supreme Court of New...

EES Placement Requires Reasonably Foreseeable Admissibility and Tailored Due Process Where No Prior Adjudication: Commentary on Pivero v. Attorney General & a.

Date: Jun 28, 2025

EES Placement Requires Reasonably Foreseeable Admissibility and Tailored Due Process Where No Prior Adjudication: Commentary on Pivero v. Attorney General & a. Introduction In Anthony Pivero v....

Fee Owners Retain Standing to Exclude Unauthorized Users of Private Roads Despite Maintenance Agreements; Planning Board Minutes Alone Do Not Create Easements

Date: Jun 25, 2025

Fee Owners Retain Standing to Exclude Unauthorized Users of Private Roads Despite Maintenance Agreements; Planning Board Minutes Alone Do Not Create Easements Introduction This commentary analyzes...

Treating-Physician Opinions Carry “Substantial Weight” But Are Not Controlling; Lack of Medical Consensus Can Defeat Causation; Medical Journal Articles Are “Medical Evidence” Subject to the Five-Business-Day Disclosure Rule

Date: Jun 25, 2025

Treating-Physician Opinions Carry “Substantial Weight” But Are Not Controlling; Lack of Medical Consensus Can Defeat Causation; Medical Journal Articles Are “Medical Evidence” Subject to the...

Opening the Road as a Ministerial Act: New Hampshire Clarifies Limits of Discretionary Function Immunity in Traffic Control Plan Implementation

Date: Jun 25, 2025

Opening the Road as a Ministerial Act: New Hampshire Clarifies Limits of Discretionary Function Immunity in Traffic Control Plan Implementation Introduction In Tamre McCrea & a. v. New Hampshire...

Laches Bars Collateral Attacks on Foreign Divorces Under RSA 459:1; Rescission of Real Property Deeds Governed by RSA 508:2

Date: Jun 25, 2025

Laches Bars Collateral Attacks on Foreign Divorces Under RSA 459:1; Rescission of Real Property Deeds Governed by RSA 508:2 Introduction In Wagner v. Chislett, 2025 N.H. 28, the Supreme Court of New...

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