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Justia Daily Opinion Summaries

New Hampshire Supreme Court
August 26, 2020

Table of Contents

Bellevue Properties, Inc. v. Town of Conway

Civil Procedure, Government & Administrative Law, Zoning, Planning & Land Use

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Legal Analysis and Commentary

Drafted and Shafted: Who Should Complain About Male-Only Registration?

SHERRY F. COLB

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Cornell law professor comments on a recent opinion by the U.S. Court of Appeals for the Fifth Circuit holding that requiring men but not women to register for the draft is constitutional under mandatory U.S. Supreme Court precedents. Specifically, Colb considers what the U.S. Supreme Court should do if it agrees to hear the case and more narrowly, whether the motives of the plaintiffs in that case bear on how the case should come out.

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New Hampshire Supreme Court Opinions

Bellevue Properties, Inc. v. Town of Conway

Docket: 2019-0302

Opinion Date: August 25, 2020

Judge: Donovan

Areas of Law: Civil Procedure, Government & Administrative Law, Zoning, Planning & Land Use

Plaintiff Bellevue Properties, Inc. appealed a superior court order affirming the Town of Conway’s decision to discontinue a public way that provided access to the plaintiff’s property. Plaintiff argued the trial court applied an incorrect legal standard to evaluate the Town’s decision and erred in concluding that the Town’s interests in discontinuing the road outweighed plaintiff’s interest in its continuance. After review, the New Hampshire Supreme Court determined the trial court applied the proper legal standard, and its decision was supported by the record.

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