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SMITH COVE ASS'N v. SPECIAL BD.

No. 7036.

116 N.H. 24 (1976)

SMITH COVE ASSOCIATION v. SPECIAL BOARD AND MANELAOS MAKRIS

Supreme Court of New Hampshire.

January 31, 1976.

Attorney(s) appearing for the Case

Snierson, Chandler & Copithorne (Mr. John P. Chandler orally) for the plaintiff.

Warren B. Rudman, attorney general, and Donald W. Stever, Jr., assistant attorney general (Mr. Stever orally), for the defendant Special Board.

James D. O'Neill, by brief and orally, for the defendant Makris.

DUNCAN, J.

By this petition for a writ of mandamus, the plaintiff association seeks to compel the defendant board as provided by RSA 482:41-g (See Laws 1971, 329:1) to request the attorney general to petition the superior court to order removal of certain wharves or piers at a site on land of the defendant Makris. The plaintiff alleges that the site is below the mean high water level of the waters of Lake Winnipesaukee, and that the defendant Makris has no...

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