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RESIDENTS DEFENDING HOMES v. LONE PINE

No. 2006-143.

924 A.2d 366 (2007)

RESIDENTS DEFENDING THEIR HOMES and another v. LONE PINE HUNTERS' CLUB, INC. and another.

Supreme Court of New Hampshire.

Opinion Issued: May 25, 2007.

Attorney(s) appearing for the Case

McLane, Graf, Raulerson & Middleton, P.A., of Manchester (Bruce W. Felmly, on the brief, and Mr. Felmly orally), for the plaintiffs.

Brown, Olson & Gould, P.C., of Concord (Bryan K. Gould and Philip P. Braley, on the brief, and Mr. Gould orally), for the defendants.

Kelly A. Ayotte, attorney general (Andrew B. Livernois, assistant attorney general, by brief), for the State of New Hampshire, as amicus curiae.

BRODERICK, C.J.

The defendants, Lone Pine Hunters' Club, Inc. (the Club), the Town of Hollis (town) and the Town of Hollis Planning Board (planning board), appeal an order of the Superior Court (Hampsey, J.) ruling that RSA chapter 159-B (Supp. 2006) is unconstitutional, granting injunctive relief and remanding the case to the planning board. We vacate and remand.

We begin by summarizing the lengthy procedural background of this case. In June 1966,...

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