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TOWN OF NELSON v. N.H. DEP'T OF TRANSPORTATION

No. 98-068.

146 N.H. 75 (2001)

TOWN OF NELSON v. NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION

Supreme Court of New Hampshire.

March 1, 2001.

Attorney(s) appearing for the Case

Bonnette & Robinson, of Keene (William J. Robinson on the brief and orally), for the Town of Nelson.

Philip T. McLaughlin, attorney general (Mark P. Hodgdon, senior assistant attorney general, on the brief and orally), for the State.

H. Bernard Waugh, Jr., of Concord, by brief, for the New Hampshire Municipal Association, as amicus curiae.

BROCK, C.J.

The plaintiff, the Town of Nelson (town), appeals from a ruling by the Superior Court (Mangones, J.) that the reclassification of two segments of Old Route 9 did not impose an unconstitutional, unfunded mandate on the town. The defendant, the New Hampshire Department of Transportation (State), cross-appeals, arguing that the trial court erred in ruling that the town's untimely appeal did not bar its challenge to the reclassification of Old Route...

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