In the case of Brandt Development Co. of New Hampshire, LLC v. City of Somersworth, decided October 12, 2011, Attorney Chris Boldt successfully argued before the N.H. Supreme Court that the City’s Zoning Board of Adjustment was required to hear and decide the merits of his client’s variance application under Fisher v. Dover analysis.  The ZBA had rejected the variance application on the basis that a similar application was submitted 15 years prior.  The Supreme Court held that the various changes in the Court’s interpretation of the variance standard over the last 15 years constituted a material change warranting a review of the 2009 application.  On remand, the Court noted that the prior Boccia standard for unnecessary hardship would apply to the area variance issues in question.

Attorney Chris Boldt also prevailed on behalf of the City of Berlin in the tax abatement action concerning the Burgess Mill property entitled North American Dismantling Corp. v. City of Berlin, decided September 15, 2011.  Attorney Boldt argued that the trial court properly affirmed the City’s valuation of the plaintiff’s property and denied the plaintiff’s tax abatement request following a multi-day bench trial.  The Supreme Court agreed and decided the case based on the briefs without the need for oral argument.