TOWN OF NEWBURY v. NH. FISH & GAME DEPT.

No. 2012-705.

70 A.3d 461 (2013)

165 N.H. 142

TOWN OF NEWBURY & a. v. NEW HAMPSHIRE FISH AND GAME DEPARTMENT & a.

Supreme Court of New Hampshire.

Opinion Issued: June 28, 2013.


Attorney(s) appearing for the Case

Upton & Hatfield, LLP, of Portsmouth ( Justin C. Richardson on the joint brief and orally), for petitioner Town of Newbury.

McLane, Graf, Raulerson & Middleton, PA, of Concord ( Gregory H. Smith on the joint brief), for petitioner Lake Sunapee Protective Association.

Michael A. Delaney, attorney general ( K. Allen Brooks, senior assistant attorney general, on the brief and orally), for the respondents.


CONBOY, J.

The respondents, New Hampshire Fish and Game Department (F & G) and New Hampshire Council on Resources and Development (CORD), appeal a decision of the Superior Court (Smukler, J.) granting summary judgment to the petitioners, Town of Newbury and Lake Sunapee Protective Association, on their writ of certiorari challenging CORD's decision to approve F & G's design of a boat launch. See RSA 162-C:6 (2002). The trial court ruled that...

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