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Hilton v. Thompson

Citation: 2 ELR 20081
No. Special Bd. No. 6313, 284 A.2d 917/3 ERC 1442/111 N.H. 381, (N.H., 06/02/1971)

New Hampshire statutes which govern the development of shorelines by riparian owners delegate to the Special Board authority to permit only such development as will not require the use of public lands. Authority to permit modification of a shoreline which will require the use of public lands is reserved to the Governor and Council, acting upon recommendation of the Water Resources Board, and such use is permissible only in return for just consideration. A permit issued by the Special Board allowing a riparian owner to construct a beach is valid, but the issuance of a permit allowing the construction of a pier and docking facilities is not.

Counsel for Plaintiffs
Richard F. Cooper
Cooper, Hall & Walker
Rochester Realty Building
11 Wakefield Street
Rochester, New Hampshire 03867

David J. Killkelley
Nighswander, Lord, Martin & Killkelley
507 Main Street
Laconia, New Hampshire 03246

Counsel for Defendants
Warren B. Rudman Attorney General
Donald W. Stever, Jr.
State Capitol
Concord, New Hampshire 03301

GRIMES, J., did not sit; the others concurred.