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STATE v. McCARTHY

No. 7635.

117 N.H. 799 (1977)

STATE OF NEW HAMPSHIRE v. DANIEL McCARTHY & a.

Supreme Court of New Hampshire.

October 24, 1977.

Attorney(s) appearing for the Case

David H. Souter, attorney general, and John L. Ahlgren, assistant attorney general (Mr. Ahlgren orally), for the state.

Shaw & Robinson, of Exeter, and Norman C. Gile (Mr. Gile orally), for the defendants.

GRIMES, J.

The issue in this case is whether the land of the defendants which is adjacent to tidal water and which was filled by them is within the control of the state under RSA 483-A:1-a I (Supp. 1975). We hold that it is not. The constitutionality of the statute is not raised in this case. See Sibson v. State, 115 N.H. 124, 336 A.2d 239 (1975).

The defendants are owners of land on Ocean Boulevard in Hampton adjacent...

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