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THAYER v. TOWN OF TILTON

No. 2003-421

151 N.H. 483 (2004)

NATHANIEL S. THAYER v. TOWN OF TILTON

Supreme Court of New Hampshire

Opinion Issued: November 30, 2004

Attorney(s) appearing for the Case

Charles A. Russell, of Concord, by brief and orally, for the petitioner.

Gallagher, Callahan & Gartrell, P.A., of Concord (Donald E. Gartrell and James D. Kerouac on the brief, and Mr. Gartrell orally), for the respondent.

Susan Slack, of Concord, by brief, for the New Hampshire Municipal Association, as amicus curiae.

Kelly A. Ayotte, attorney general (Jennifer J. Patterson, senior assistant attorney general, on the brief memorandum), for the State, as amicus curiae.

DUGGAN, J.

The petitioner, Nathaniel S. Thayer, appeals an order of the Superior Court (Perkins, J.) dismissing his petition for declaratory judgment against the respondent, Town of Tilton (town). He argues that: (1) the trial court erred in determining that his petition was barred by the doctrine of laches; (2) State and federal law preempted the town's authority to regulate the use of sludge; and (3) his preexisting State approval exempted him from the town...

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