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STATE WETLANDS BD. v. MARSHALL

No. 84-464

127 N.H. 240 (1985)

THE STATE OF NEW HAMPSHIRE WETLANDS BOARD v. CHARLOTTE MARSHALL, INDIVIDUALLY AND AS TRUSTEE OF THE DROP ANCHOR REALTY TRUST AND JOSEPH J. FIUMARA, INDIVIDUALLY AND AS AGENT OF THE DROP ANCHOR REALTY TRUST

Supreme Court of New Hampshire.

August 16, 1985.

Attorney(s) appearing for the Case

Stephen E. Merrill, attorney general (George Dana Bisbee, assistant attorney general, on the brief and orally), for the State.

Steven Eric Feld, of Portsmouth, by brief and orally, for the defendants.

DOUGLAS, J.

This is an appeal of two actions, consolidated in the superior court, involving salt marsh property belonging to the Drop Anchor Realty Trust (Drop Anchor) in the town of Hampton. The first action is an appeal from the denial by the New Hampshire Wetlands Board (the board) of Drop Anchor's application to fill this marsh. The second action arises out of the State's petition for injunctive relief and for civil penalties against Drop Anchor through its sole...

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