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Old 10-17-2021, 10:09 AM   #58
longislander
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Join Date: Jun 2007
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Quote:
Current Use is not a town ordinance. It is a state statute subject to Part 1 Article 28-a.
Who said current use is a town ordinance? How many times does anyone/everyone have to say current use is statutory. State law can be changed by the legislature and/or the NH Supreme Court case law stating the issue is unconstitutional.

Town ordinances are subject to town vote only if the vote does not conflict with statutes; e.g., zoning, parking ... All towns and governing bodies only have the authority provided by statute.

Example:Regarding masks in schools, vaccinations etc.
Even if a vote was is to overrule the school board, it would be "unenforceable". Statutorily, the school board decides. If the petitioners were to sue and get the NH Supreme Court to grant certiorari and hear the case, and the Court decides "unconstitutional", then case law is created, is then NH law.

If present lawsuits convince the NH Supreme Court that there are conflicting statutes: school board policy authority v. school health issues ...constitutionality?

My property mentioned (under Trust) is assessed at $1,159, with a tax of $8.
How many other 13 acre parcels are you aware of paying $8 in taxes that are not in current use; in this town or on this planet!

My original comment that started this conversation was edification of the advantages of utilizing current use. Even if the legislature decides to take-up current use change, it will have to deal with "grandfathering" and probable lawsuits.
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