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APPEAL OF TOCZKO

No. 90-125. No. 90-251.

136 N.H. 480 (1992)

APPEAL OF GARY M. TOCZKO (New Hampshire Department of Safety) LYNN B. ANNICCHIARICO & a. v. THE STATE OF NEW HAMPSHIRE

Supreme Court of New Hampshire.

December 18, 1992.

Attorney(s) appearing for the Case

Bianco Professional Association, of Concord (James J. Bianco, Jr., and Michael J. Farley on the brief), and McLane, Graf, Raulerson & Middleton, of Concord (Gregory H. Smith and Arthur G. Greene on the brief, and Mr. Greene orally), for Gary M. Toczko and Lynn Annicchiarico & a.

John P. Arnold, attorney general (Robert E. Dunn, Jr., assistant attorney general, on the brief and orally), for the State.

Frank H. Gordon, of New London, by brief for the New Hampshire Lakes Legislative Coalition, as amicus curiae.

HORTON, J.

These appeals have been consolidated for briefing and argument before this court. Each concerns regulations promulgated by the commissioner of the department of safety under the ski craft act, RSA 270:73 to :74-b (Supp. 1991), and decisions issued under those regulations. The ski craft act regulates the operation of watercraft such as "jet skis" or "surf skis" (hereinafter referred to as "ski craft"), and authorizes...

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