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DOYLE v. COM'R, DEPT. OF RESOURCES

No. 2011-420.

37 A.3d 343 (2012)

Jonathan DOYLE v. COMMISSIONER, NEW HAMPSHIRE DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT and another.

Supreme Court of New Hampshire.

Opinion Issued: January 13, 2012.

Attorney(s) appearing for the Case

NH Civil Liberties Union Foundation, of Concord ( Barbara R. Keshen on the brief and orally), and Backus, Meyer and Branch, LLP, of Manchester ( Jon Meyer on the brief), for the plaintiff.

Michael A. Delaney , attorney general ( Matthew G. Mavrogeorge , assistant attorney general, on the brief and orally), for the defendants.

DUGGAN, J.

The plaintiff, Jonathan Doyle, appeals an order of the Superior Court (Smukler, J.) granting summary judgment to the defendants, the Commissioner of the New Hampshire Department of Resources and Economic Development and the Monadnock State Park Manager (collectively, DRED), and denying Doyle's motion for summary judgment. We reverse and remand.

The record supports the following facts. Mount Monadnock is a 3,165-foot mountain within Monadnock...

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