GCC v. NEW HAMPSHIRE WETLANDS COUNCIL

No. 2005-578.

913 A.2d 776 (2006)

GREENLAND CONSERVATION COMMISSION v. NEW HAMPSHIRE WETLANDS COUNCIL and another. Conservation Law Foundation v. New Hampshire Wetlands Council and another.

Supreme Court of New Hampshire.

Opinion Issued: December 19, 2006.


Attorney(s) appearing for the Case

Baldwin, Callen & Hogan, P.L.L.C., of Concord (Jed Z. Callen, on the joint brief) for plaintiff Greenland Conservation Commission, and Thomas F. Irwin, of Concord, on the joint brief and orally, for plaintiff Conservation Law Foundation.

Kelly A. Ayotte, attorney general (Jennifer J. Patterson, senior assistant attorney general, on the brief and orally), for the State of New Hampshire.

McNeill, Taylor & Gallo, P.A., of Dover (Malcolm R. McNeill, Jr. and Lynne M. Dennis, on the brief, and Mr. McNeill orally), for intervenor Endicott General Partnership.

Sulloway & Hollis, P.L.L.C., of Concord (Amy Manzelli, on the brief), for Newington Conservation Commission, Exeter River Local Advisory Committee, Lamprey River Advisory Committee, and New Hampshire Rivers Council, as amici curiae.


BRODERICK, C.J.

The plaintiffs, Greenland Conservation Commission (GCC) and Conservation Law Foundation (CLF), appeal an order of the Superior Court (McHugh, J.) affirming a decision and order (decision) of the New Hampshire Wetlands Council (wetlands council or council) that affirmed the issuance of a wetlands permit by the wetlands bureau (wetlands bureau or bureau) of the New Hampshire Department of Environmental Services (DES) to Endicott General Partnership...

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