CITY OF PORTSMOUTH v. BOYLE

No. 2009-544.

8 A.3d 37 (2010)

CITY OF PORTSMOUTH v. James BOYLE, Trustee, 150 Greenleaf Avenue Realty Trust.

Supreme Court of New Hampshire.

Opinion Issued: July 20, 2010.


Attorney(s) appearing for the Case

Suzanne M. Woodland , assistant city attorney, of Portsmouth, by brief and orally, for the plaintiff.

Wholey & Pelech Law Office, of Portsmouth ( Bernard W. Pelech on the brief and orally), for the defendant.


HICKS, J.

The plaintiff, City of Portsmouth (city), appeals the Superior Court's (Lewis, J.) award of costs to the defendant, James Boyle, Trustee of 150 Greenleaf Avenue Realty Trust (Boyle). We affirm.

The record supports the following facts. In January 2006, the city commenced a zoning enforcement action against Boyle alleging that he unlawfully clear cut trees within a wetlands buffer zone. The city sought an injunction against further clear cutting...

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