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IN RE GARRISON PLACE REAL ESTATE INV. TRUST

No. 2009-037.

986 A.2d 670 (2009)

Appeal of GARRISON PLACE REAL ESTATE INVESTMENT TRUST (New Hampshire Wetlands Council).

Supreme Court of New Hampshire.

Opinion Issued: December 16, 2009.

Attorney(s) appearing for the Case

Mosca Law Office, of Manchester (Edward C. Mosca on the brief and orally), for the petitioner.

Pierce Atwood, LLP, of Portsmouth (Mark E. Beliveau and Michele E. Kenney on the brief, and Mr. Beliveau orally), for the respondent.

DUGGAN, J.

This appeal arises from the issuance of a wetlands permit to the petitioner, Garrison Place Real Estate Investment Trust (Garrison Place), by the New Hampshire Department of Environmental Services (DES). The respondent, Town of Barrington (town), appealed the issuance to the New Hampshire Wetlands Council (wetlands council or council). The wetlands council remanded the matter to DES. Garrison Place now appeals. We reverse the wetlands council's order.<...

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