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CAYTEN v. DEPT. OF ENVIRONMENTAL SERVICES

No. 2006-577.

927 A.2d 494 (2007)

Marianna L. CAYTEN and another, v. NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES and another.

Supreme Court of New Hampshire.

Opinion Issued: July 13, 2007.

Attorney(s) appearing for the Case

Conservation Law Foundation, of Concord (Bradford W. Kuster on the brief and orally), for the petitioners.

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

Normandin, Cheney & O'Neil, PLLC, of Laconia (Regina A. Nadeau on the brief and orally), for intervenor Laurie J. Hall, Trustee of the Cambi Squam Lake Realty Trust.

Nixon Peabody LLP, of Manchester, (Kevin M. Fitzgerald and Paul M. Lanagan on the brief), for Squam Lakes Association, as amicus curiae.

BRODERICK, C.J.

In this case, we are called upon to delineate the relationship between New Hampshire's wetlands statute, RSA chapter 482-A (2001 & Supp.2006), and the Comprehensive Shoreland Protection Act (CSPA), RSA chapter 483-B (2001 & Supp.2006), in the context of an abutter's challenge to the issuance of a dredge and fill permit for the construction of a dug-in boathouse. Specifically, intervenor Laurie J. Hall, as trustee of the Cambi Squam Lake Realty...

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