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APPEAL OF CITY OF KEENE

No. 95-867.

141 N.H. 797 (1997)

APPEAL OF CITY OF KEENE (Cheshire County Commissioners)

Supreme Court of New Hampshire.

April 29, 1997.

Attorney(s) appearing for the Case

Gerald J. Carney, city attorney, of Keene, by brief and orally, for the petitioner.

Bradley, Burnett & Kinyon, PA, of Keene (Beth R. Fernald on the brief and orally), for the Town of Swanzey.

Jeffrey R. Howard, attorney general (Michael J. Walls, senior assistant attorney general, on the brief and orally), for the New Hampshire Department of Transportation.

Charles H. Morang, of Concord, by brief and orally, for the Swanzey Action Alliance, Eugene and Judith Armento, John E. Farwell, Edwin E. Aron, and Arnold Stymest.

Thomas R. Clark, city solicitor, and Kevin St. Onge, staff attorney, by brief, for the City of Manchester, as amicus curiae.

The other respondents filed no brief.

BRODERICK, J.

The petitioner, the City of Keene (city), appeals the Cheshire County Commissioners' (commissioners) denial of the city's request for a determination of public necessity, a statutory predicate to the city initiating eminent domain proceedings for an extraterritorial airport taking. See RSA 423:3 (1991). We vacate and remand.

The city owns and operates the Dillant-Hopkins Airport (airport), which lies almost entirely within the boundaries...

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