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N.H. DEPT. OF ENV. SERVICES v. MOTTOLO

No. 2006-363.

917 A.2d 1277 (2007)

NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES v. Richard A. MOTTOLO.

Supreme Court of New Hampshire.

Opinion Issued: March 6, 2007.

Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Peter C.L. Roth, senior assistant attorney general, on the brief and orally), for the State.

Devine, Millimet & Branch, P.A., of Manchester (Peter G. Beeson and Daniel J. Callaghan on the brief, and Mr. Beeson orally), for the defendant.

GALWAY, J.

The defendant, Richard A. Mottolo, appeals an order of the Trial Court (Fitzgerald, J.) granting a preliminary and permanent injunction to the plaintiff, New Hampshire Department of Environmental Services (DES). We affirm in part, vacate in part and remand.

The record supports the following facts. Between 1975 and 1979, the defendant, as part of his chemical waste disposal business, improperly buried numerous barrels of waste on his 50-acre...

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