OPINION OF THE JUSTICES (Public Use of Coastal Beaches)
Supreme Court of New Hampshire.https://leagle.com/images/logo.png
October 27, 1994.
October 27, 1994.
Attorney(s) appearing for the Case
Jeffrey R. Howard, attorney general (Anne E. Renner, assistant attorney general, on the memorandum), filed a memorandum in support of negative answers to questions one and two.
Thomas J. Kirby, of Pelham, filed a memorandum on behalf of twenty-three members of the New Hampshire House of Representatives, in support of an affirmative answer to question one and negative answers to questions two, three, and four.
McLane, Graf, Raulerson & Middleton P.A., of Concord (Gregory H. Smith & a. on the memorandum), filed a memorandum on behalf of the New Hampshire Senate, in support of an affirmative answer to question one and negative answers to questions two, three, and four.
Senator Burton J. Cohen, of New Castle, filed a memorandum in support of negative answers to the questions presented.
Upton, Sanders & Smith, of Concord (Frederic K. Upton on the memorandum), filed a memorandum on behalf of affected beachfront property owners in support of affirmative answers to the questions presented.
Michael L. Donovan, of Concord, filed a memorandum on behalf of the Town of Rye in support of negative answers to the questions presented.
Noucas & Keenan P.A., of Portsmouth (Christopher W. Keenan on the memorandum), filed a memorandum on behalf of the Concerned Citizens of the Seacoast, in support of negative answers to the questions presented.
Devine, Millimet & Branch P.A., of Manchester (Thomas Quarles, Jr. and Richard W. Head, on the memorandum), filed a memorandum on behalf of the Audubon Society of New Hampshire, the New Hampshire Wildlife Federation, and the Appalachian Mountain Club, in support of an affirmative answer to question one and negative answers to questions two, three, and four.
Dr. Chris D. Kehas, of Rye Beach, filed a memorandum in support of an affirmative answer to question one and negative answers to questions two, three, and four.
Stephen J. Little, Mary Gladys Little, and Richard D. Little, of Portsmouth, filed a memorandum in support of affirmative answers to the questions presented.
Byron M. Philbrick, of Rye, filed a memorandum in support of affirmative answers to the questions presented.
Eugene Ritzo, of Rye, filed a memorandum in support of affirmative answers to the questions presented.
Supreme Court of New Hampshire.
The following request for an opinion of the justices was adopted by the House on May 5, 1994, and filed with the supreme court on May 6, 1994:
"Whereas, there is pending in the House, SB 636, `An act relative to the public use of coastal beaches for recreational purposes;' and
"Whereas, an amendment has been proposed to SB 636 (document #6087B); and
"Whereas, SB 636, as amended, recognizes that New Hampshire...
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