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CONSERVATION LAW FOUND. v. N.H. WETLANDS COUNCIL

No. 2002-282.

150 N.H. 1 (2003)

CONSERVATION LAW FOUNDATION v. NEW HAMPSHIRE WETLANDS COUNCIL

Supreme Court of New Hampshire.

Opinion Issued: September 12, 2003.

Attorney(s) appearing for the Case

Thomas F. Irwin, of Concord, by brief and orally, for the plaintiff.

Peter W. Heed, attorney general (Bruce J. Marshall, assistant attorney general, on the brief and orally), for the New Hampshire Department of Transportation.

Devine, Millimet & Branch, P.A., of Manchester (Thomas Quarles, Jr. and Pamela A. Peterson on the brief), for Concerned Cheshire Citizens & a., as amici curiae.

Rebecca E. Todd, of Surry, by brief, for Markem Corporation & a., as amici curiae.

NADEAU, J.

The New Hampshire Department of Transportation (DOT) appeals the decision of the Superior Court (McGuire, J.) vacating the New Hampshire Department of Environmental Services' (DES) approval of DOT's application for a wetlands permit, and the New Hampshire Wetlands Council's (Wetlands Council) affirmance of the same. We reverse and remand.

The trial court provided the following background facts in its order. This case involves the planned...

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