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TOWN OF NEWINGTON v. STATE

No. 2010-806.

34 A.3d 1206 (2011)

162 N.H. 745

TOWN OF NEWINGTON v. STATE of New Hampshire and another.

Supreme Court of New Hampshire.

Opinion Issued: November 29, 2011.

Attorney(s) appearing for the Case

Baldwin & Callen, PLLC, of Concord ( Steven M. Whitley on the brief, and Jed Z. Callen orally), for the petitioner.

Sheehan Phinney Bass + Green, P.A., of Manchester ( John-Mark Turner and Robert P. Cheney on the brief, and Mr. Turner orally), for respondent Pease Development Authority.

Michael A. Delaney , attorney general ( K. Allen Brooks , senior assistant attorney general, on the memorandum of law), for respondent New Hampshire Department of Environmental Services.

LYNN, J.

The petitioner, the Town of Newington (Town), appeals an order of the Superior Court (McNamara, J.) granting the summary judgment motion of the respondents, the State of New Hampshire through the Pease Development Authority (PDA) and the New Hampshire Department of Environmental Services (DES). We affirm.

The following facts appear in the parties' joint stipulation of facts or are taken from the trial court's order. In the 1950s, the federal...

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