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Zoning Bulletin March 25, 2010 ~ Volume 4 ~ No. 6 <br />() 155-E:10, II, an award of attorney's fees to the town would be consis- <br />- tent with the overall statutory scheme established is those statutes. The <br />court disagreed. It said the "incorporation" azgument failed based on <br />the plain language of RSA 155-E:10, II-which gave the court "discre- <br />tion" to award attorney's fees. The Supreme Court of New Hampshire <br />found that the trial court "sustainably exercised its discretion in denying <br />an award. of attorney's fees to the [t]own." <br />See also: Harkeem a Adams, 117 N.H. 687, 377 A.2d 617 (1977) <br />See also: Silva v. Botsch; 121 N.H. 1041, 437 A.2d 313 (1981). <br />Case Note: The Bedards had also appealed the trial court's ruling <br />that they had violated RSA 155-E:10, II. On appeal, the court af- <br />fumed that ruling. <br />Zoning News from Around the Nation <br />CALIFORNIA <br />Under California law (Chapter 404 of the Ca. Laws of 2010 (HB <br />(^) 45)), "counties in California may now adopt an ordinance regulating in- <br />stallation of small wind energy systems and establish a process for the <br />issuance of conditional use permits for these systems. Counties may im- <br />pose some conditions, but not conditions relating to specified aspects <br />of these systems that are more restrictive. A county may require that a <br />small wind energy system be removed if it remains inoperable for 12 <br />consecutive months, and the system would be subject to nuisance codes <br />and code enforcement action." <br />Source: Law of the Land blog; http•//lawofthe[and word~ress com/ <br />MARYLAND <br />The Howazd County Council is reportedly "considering legislation <br />that would permit negotiation with developers. outside of traditional <br />zoning and adequate public facilities requirements by using `developer <br />rights and responsibilities agreements."' <br />Source: Howard County Times; www.exblorehoward.com <br />MISSOURI <br />State Representative Timothy Jones has reportedly proposed two bills <br />to "tighten the [Missouri] Sunshine Law provisions on local officials . <br />1, j~ ..." Among other things, Jones' bills would require: minutes of closed <br />--' meetings include "a summary of discussion that occurred, but not a dis- <br />closure of records or votes"; and "[a]ny governing body... give the <br />©2010 Thomson Reuters 11 <br /> <br />49 <br />