55 A.3d 1031
N.H.2012Background
- Petitioner Kevin R Sheehan purchased property in Derry on November 13, 2008 adjacent to a trail corridor under DRED control.
- The corridor connects to Warner Hill Road via a .44 mile tract; the portion near the Property remains an unpaved dirt trail.
- Historically, the corridor was owned by B&M, then acquired by the State via Commissioners’ Return of Highway Layout for highway purposes, with DPWH initially controlling it.
- In 1975, unimproved portions of the corridor were transferred from DPWH to DRED for recreational trail use.
- In July 2008, prior to purchase, DRED moved a gate restricting non-recreational motor vehicles from accessing the Property via the corridor.
- The trial court held DRED does not violate RSA 216-F:2, II because the corridor is not a public road and the State has authority to limit public use.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State owns the corridor in fee simple. | Sheehan asserts State ownership via highway layout findings. | DRED contends the State has control consistent with 216-F and related history. | The court held it unnecessary to decide; even if erred, alternate grounds support affirmance. |
| Whether the corridor constitutes a public road. | The corridor is a public road by prior use and designation under statute. | The corridor is not a public road since not constructed; State may restrict use. | Not necessary to resolve; alternate grounds sustain the decision that use can be restricted. |
| Whether RSA 216-F:2, II permits restricting non-recreational motor vehicles on trails within the system. | 216-F:2, II bars limits on public road passages used as trails. | 216-F:2, III authorizes restrictions for mechanized transport to protect primary uses. | Court affirmed, upholding DRED's ability to limit non-recreational motor vehicle use within the trail system. |
Key Cases Cited
- State v. Cox, 91 N.H. 137 (1940) (State control of highways; permissible restrictions on use)
- Opinion of the Justices, 94 N.H. 501 (1947) (statutory interpretation; delegation of rights)
- Catalano v. Town of Windham, 133 N.H. 504 (1990) (principles of statutory interpretation and legislative intent)
- Estate of Gordon-Couture v. Brown, 152 N.H. 265 (2005) (statutory interpretation; intent of legislature; strict construction for derogation)
- Brown, 152 N.H. 266 (2005) (continuation of Gordon-Couture principles)
- Buatti v. Prentice, 162 N.H. 228 (2011) (evidentiary review when transcript is unavailable)