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Hampton, Town of v. Special Bd.

ELR Citation: 7 ELR 20030
Nos. No. 7495, 365 A.2d 741/116 N.H. 644, (N.H., 10/29/1976)

The New Hampshire Supreme Court affirms, as neither unlawful, unreasonable, nor unjust, the denial of a permit to fill a three-quarter-acre marsh area which would have destroyed the marsh's biological productivity. Plaintiff intended to use the filled area to gain access for repairing a sewer line which crosses the marsh. The trial court properly considered evidence that access could be achieved without the fill and that the marsh contains highly productive marsh grass. Plaintiff incorrectly contended that the public interest purpose of its proposal should be balanced against the statutory prohibition of "unregulated alteration" of marshland.

Counsel for Plaintiff
John J. Ryan
Casassa, Mulherrin & Ryan
459 Lafayette Rd.
Hampton NH 03842
(603) 926-6336

Counsel for Defendant
David H. Souter, Attorney General
Donald W. Stever, Jr., Asst. Attorney General
State House Annex
Concord NH 03301
(603) 271-3655

All concurred.