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APPEAL OF N.H. DEP'T OF TRANSPORTATION

No. 2004-302.

152 N.H. 565 (2005)

APPEAL OF NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION (New Hampshire Transportation Appeals Board)

Supreme Court of New Hampshire.

Opinion Issued: September 2, 2005.

Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Craig S. Donais, assistant attorney general, on the brief, and Lynmarie C. Cusack, attorney, orally), for the petitioner.

Barto and Puffer, P.A., of Concord (Mark H. Puffer on the brief and orally), for the respondent.

BRODERICK, C.J.

The petitioner, the New Hampshire Department of Transportation (DOT), appeals a decision of the appeals board (board), see RSA 21-L:14 (2000), requiring that a driveway permit be granted to the respondent, David C. Dobbins. The permit would allow direct access to a State highway pursuant to an exception to the so-called three driveway rule promulgated by the DOT. The respondent filed a cross-appeal contesting the validity of the three driveway...

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