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COOK v. SULLIVAN

No. 2002-080.

149 N.H. 774 (2003)

JANICE J. COOK & a. v. JOHN D. SULLIVAN & a.

Supreme Court of New Hampshire.

Opinion Issued: August 22, 2003.

Attorney(s) appearing for the Case

Walker & Varney P.C., of Wolfeboro (Mark S. Derby and Robert C. Varney on the brief, and Mr. Derby orally), for the plaintiffs.

Normandin, Cheney and O'Neil, of Laconia (Philip P. Bonafide on the brief and orally), for the defendants.

DALIANIS, J.

The defendants, John and Diane Sullivan, appeal a decision of the Superior Court (T. Nadeau, J.) finding that they created a nuisance on the plaintiffs' property by filling and regrading jurisdictional wetlands and constructing a home on their property. We affirm.

Since 1946, the plaintiffs, Janice J. Cook, Vanessa Cook Jacobsohn, Cecil D. Driver, individually and as trustee of the John Cook Driver Trust,

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