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TOWN OF RYE v. PUBLIC SERV. CO. OF N.H.

No. 87-062.

130 N.H. 365 (1988)

TOWN OF RYE AND TOWN OF HAMPTON FALLS v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE AND THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF TRANSPORTATION.

Supreme Court of New Hampshire.

March 29, 1988.

Attorney(s) appearing for the Case

Nadeau Professional Offices, of Portsmouth (J. P. Nadeau on the brief and orally), for the plaintiff Town of Rye.

Backus, Meyer & Solomon, of Manchester (Bartram C. Branch, Jr., on the brief and orally), for the plaintiff Town of Hampton Falls.

Sulloway, Hollis & Soden, of Concord (Margaret H. Nelson on the brief and orally), for the defendant Public Service Company of New Hampshire.

Stephen E. Merrill, attorney general (Michael J. Walls, assistant attorney general, on the brief and orally), for the State Department of Transportation.

JOHNSON, J.

The defendant Public Service Company of New Hampshire (PSNH), joined by the New Hampshire Department of Transportation (DOT), appeals an order of the Trial Court (Murphy, J.) permitting the Town of Rye to revoke the licenses which the town had granted PSNH to erect siren poles on town-maintained rights-of-way as part of an evacuation plan for the Seabrook Nuclear Power Station. The court directed PSNH to...

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