JTR COLEBROOK v. TOWN OF COLEBROOK

No. 2003-085.

149 N.H. 767 (2003)

JTR COLEBROOK, INC. D/B/A THE COLEBROOK HOUSE v. TOWN OF COLEBROOK

Supreme Court of New Hampshire.

Opinion Issued: August 19, 2003.


Attorney(s) appearing for the Case

Sheehan Phinney Bass + Green, P.A., of Manchester (James Q. Shirley and James P. Harris on the brief, and Mr. Harris orally), for the petitioner.

Mitchell & Bates, P.A., of Laconia (Timothy Bates on the brief and orally), for the respondent.

Peter W. Heed, attorney general (Mary P. Castelli, senior assistant attorney general, on the brief), for the State, as amicus curiae.

Finis E. Williams, III, of Concord, by brief, for American Heart Association, American Lung Association of New Hampshire, American Cancer Society, New Hampshire Medical Society, New Hampshire Public Health Association, Smoke-Free New Hampshire Alliance, and Tobacco Control Resource Center, Inc., as amici curiae.


BRODERICK, J.

The petitioner, JTR Colebrook, Inc. d/b/a The Colebrook House (the Colebrook House), a restaurant, appeals from the order of the Superior Court (Perkins, J.) upholding the no-smoking ordinance of the respondent, the Town of Colebrook (town). We reverse.

The relevant facts follow. In the spring of 2002, the town passed the "Environmental Tobacco Smoke Regulations for Restaurants" ordinance, the stated purpose of which is to "protect and...

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