LAMBERT CONSTR. CO. v. STATE

No. 7084.

115 N.H. 516 (1975)

LAMBERT CONSTRUCTION COMPANY, INC. v. STATE OF NEW HAMPSHIRE.

Supreme Court of New Hampshire.

September 30, 1975.


Attorney(s) appearing for the Case

Peter Makris and Philip P. Bonafide (Mr. Makris orally) for the plaintiff.

Warren B. Rudman, attorney general, and John L. Ahlgren, attorney (Mr. Ahlgren orally), for the State.


LAMPRON, J.

Appeal under RSA 541:6 from a denial after hearing by the public utilities commission of two applications filed with it by the plaintiff on June 13, 1973. At that time plaintiff held a permit issued June 11, 1968, under the so-called grandfather clause of RSA 375-B:4 (Supp. 1973), which authorized it to transport rubbish, sand, processed gravel, rock and asphalt mixes within a 30-mile radius of Laconia. Plaintiff's first application (D-T 6494) sought authority...

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