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TOWN OF ORFORD v. N.H. AIR RESOURCES COMM.

No. 85-438.

128 N.H. 539 (1986)

TOWN OF ORFORD & a. v. NEW HAMPSHIRE AIR RESOURCES COMMISSION

Supreme Court of New Hampshire.

October 2, 1986.

Attorney(s) appearing for the Case

Lawrence F. Gardner, of Hanover, by brief and orally, for the plaintiffs.

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

BATCHELDER, J.

The plaintiffs challenge the validity of two administrative rules of the New Hampshire Air Resources Commission prohibiting the open burning of waste. After a hearing before a Master (Robert E. Hinchey, Esq.), the Trial Court (Hollman, J.) (DiClerico, J., on supplemental order) upheld the rules. We vacate the court's order and dismiss the action, on the ground that the plaintiffs failed...

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