TOWN OF LYNDEBOROUGH v. BOISVERT PROPERTIES

No. 2003-576.

150 N.H. 814 (2004)

TOWN OF LYNDEBOROUGH v. BOISVERT PROPERTIES, LLC & a.

Supreme Court of New Hampshire.

Opinion Issued: April 21, 2004.


Attorney(s) appearing for the Case

Drescher & Dokmo, P.A., of Milford (William R. Drescher on the brief and orally), for the plaintiff.

Smith-Weiss, Shepard and Durmer, PC, of Nashua (Robert M. Shepard on the brief and orally), for the defendants.

Peter W. Heed, attorney general (Anne M. Edwards, associate attorney general, on the brief and orally), for the intervenor, New Hampshire Department of Resources and Economic Development.

Kenneth E. Churbuck and Noah A. Mandell, of Nashua, by brief, for the intervenor, Granite State ATV Association.

Baldwin, Callen & Hogan, P.L.L.C., of Concord, for the intervenor, the abutters and near neighbors, joins in the brief of the plaintiff.

Gary H. Bernier, of Concord, by brief, for the New Hampshire Municipal Association, as amicus curiae.


NADEAU, J.

The plaintiff, Town of Lyndeborough (town), appeals an order of the Superior Court (Lynn, J.) declaring that RSA chapter 215-A (2000 & Supp. 2003) preempts the town's site plan review process as a prerequisite to establishing an Off Highway Recreational Vehicle (OHRV) trail on land owned by the defendants, Boisvert Properties, LLC, Barbara Blaisdell Boisvert, and Laurent Boisvert, II. We reverse and remand.

The relevant facts follow....

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