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IN RE PACK MONADNOCK

No. 2000-325.

147 N.H. 419 (2002)

IN RE PACK MONADNOCK

Supreme Court of New Hampshire.

Opinion Issued: February 8, 2002.

Attorney(s) appearing for the Case

Thomas F. Irwin, staff attorney, Conservation Law Foundation, of Concord by brief and orally, for the plaintiff.

Philip T. McLaughlin, attorney general (Douglas N. Jones, assistant attorney general, on the brief, and Mary Castelli, assistant attorney general, orally), for the defendant.

DUGGAN, J.

The plaintiff, Conservation Law Foundation (CLF), appeals an order by the Hillsborough County Probate Court (Cloutier, J.), denying its request to remove a communication tower located on the summit of Pack Monadnock. We affirm.

In 1891, the legislature enacted Laws 1891, chapter 78, appropriating $3,000 to aid in the construction of a road to the summit of Pack Monadnock, on the condition that owners of property located on the summit dedicate...

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