TOWN OF HAMPTON v. SPECIAL BD.

No. 7495.

116 N.H. 644 (1976)

TOWN OF HAMPTON v. SPECIAL BOARD OF THE STATE OF NEW HAMPSHIRE

Supreme Court of New Hampshire.

October 29, 1976.


Attorney(s) appearing for the Case

Casassa, Mulherrin & Ryan (Mr. John J. Ryan orally) for the plaintiff.

David H. Souter, attorney general, and Donald W. Stever, Jr., assistant attorney general (Mr. Stever orally), for the defendant.


GRIMES, J.

This is an appeal from the denial by the Special Board of the town's application to fill three-quarters of an acre of saltmarsh in the Hampton River estuary. After hearing, the superior court found that the town had not met its burden and upheld the action of the board. Plaintiff's exceptions were transferred by Douglas, J.

RSA 483-A:4 (Supp. 1975) provides that appeals from the decision of the special board are governed by the same procedure...

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