Town of Newbury v. New Hampshire Fish & Game Department
165 N.H. 142
| N.H. | 2013Background
- LCIP created to preserve lands and public benefits; LCIP land later transferred to CORD in 1995; lake frontage parcel purchased for public boat launching; F&G designed a boat launch on the lake frontage parcel; CORD approved the design in 2012 over petitioners’ objection; trial court granted summary judgment that CORD lacked authority under RSA 162-C:6 IV; appellate court reverses and remands for remaining claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does RSA 162-C:6 IV authorize CORD to approve a boat-launch project? | petitioners: CORD lacks authority under IV to approve new highway project | CORD: IV applies only to DOT interests and not to this delegation scenario | No, reversal; IV not a bar here; remand for remaining claims |
| Is CORD authorized to approve the boat launch despite it being a highway-related project under class Ill-a? | petitioners: boat launch is a new highway; outside CORD's scope | CORD: section IV is limited and not triggered; project consistent with RSA 162-C:6 goals | CORD may approve if within RSA 162-C:6 scope; not outside authority |
| Did the court misinterpret IV by treating the project as a new highway requiring legislative approval? | petitioners: trial court erred in IV interpretation | respondents: IV applies only to DOT land interests; no legislative approval required here | Trial court erred; remand to consider remaining claims |
Key Cases Cited
- Frost v. Comm’r, N.H. Banking Dep’t, 163 N.H. 365 (N.H. 2012) (statutory interpretation standard; plain meaning; overall code context)