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KENNEDY v. TOWN OF SUNAPEE

No. 99-770.

147 N.H. 79 (2001)

RICHARD E. KENNEDY v. TOWN OF SUNAPEE & a.

Supreme Court of New Hampshire.

October 9, 2001.

Attorney(s) appearing for the Case

Law Office of Robert I. Morgan, of Claremont, and Law Firm of Shane R. Stewart, P.L.L.C., of Concord (Robert I. Morgan and Shane R. Stewart on the brief, and Mr. Morgan orally), for the plaintiff.

Sulloway & Hollis, P.L.L.C., of Concord (Martin L. Gross and William D. Pandolph on the brief, and Mr. Pandolph orally), for the defendants.

BRODERICK, J.

The plaintiff, Richard E. Kennedy, appeals an order of the Superior Court (Morrill, J.) affirming the decision of the Town of Sunapee Water and Sewer Commission (commission) requiring him to connect to a public sewer system. We affirm.

The record supports the following facts. The Town of Sunapee (town) borders Lake Sunapee (lake), which is designated a class "A" lake by statute. RSA 485-A:8 (Supp. 2000). As such, it must be of the "highest...

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