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PURDIE v. ATTORNEY GENERAL

No. 97-405.

143 N.H. 661 (1999)

G. WILLIAM PURDIE v. ATTORNEY GENERAL

Supreme Court of New Hampshire.

June 24, 1999.

Attorney(s) appearing for the Case

Upton, Sanders & Smith, of Concord (Frederic K. Upton on the brief and orally), for the plaintiffs.

Philip T. McLaughlin, attorney general (Jennifer J. Patterson, assistant attorney general, on the brief, and Leslie J. Ludtke, associate attorney general, orally), for the State.

Michael L. Donovan, of Concord, by brief for the Town of Rye, as amicus curiae.

Nancy L. Girard, of Concord, by brief for the Conservation Law Foundation, as amicus curiae.

Noucas & Keenan, PA., of Portsmouth (Christopher W. Keenan on the brief), for Concerned Citizens of the Seacoast, as amicus curiae.

Devine, Millimet & Branch, P.A., of Manchester (Thomas Quarles, Jr. and Thomas F. Irwin on the brief), for Audubon Society of New Hampshire, New Hampshire Wildlife Federation, Appalachian Mountain Club, and New Hampshire Rivers Council, as amici curiae.

BRODERICK, J.

The State appeals an order of the Superior Court (McHugh, J.) denying its motion for summary judgment and granting the plaintiffs' motion for summary judgment. The plaintiffs are approximately forty beach-front property owners in Rye. The trial court ruled that RSA chapter 483-C (Supp. 1998), which defines the public's trust rights in coastal shorelands, effects an unconstitutional taking of private property. On appeal, the State argues that:...

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