Town of Newington v. State
162 N.H. 745
| N.H. | 2011Background
- In the 1950s the federal government established Pease Air Force Base (Pease AFB) in Rockingham County, NH.
- In 1989 the Secretary of Defense approved base closure, and the NH legislature created PDA to accept title to Pease AFB land for the State.
- Before deed transfer, the Air Force conducted federal environmental impact analyses and placed deed restrictions on the land.
- PDA acquired title to Pease AFB land in three transfers between 1999 and 2005.
- The Town of Newington designated eighteen prime wetlands, including six on PDA land, and DES initially approved but later questioned the legality of the Town’s prime wetlands designations within PDA.
- The Town sought declaratory and injunctive relief; the trial court granted summary judgment for PDA and DES, holding prime wetlands designations do not bind PDA, and the deeds’ covenants do not give the Town enforceable standing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RSA 12-G:13 exempts PDA from the Town’s prime wetlands designations | Newington argues wetlands designations are local land use controls binding all land within its borders. | PDA/DES contend the statute removes municipal controls over PDA land. | Yes; prime wetlands designation is a land use control not applicable to PDA. |
| Whether the Town has standing to enforce deed covenants imposing RSA 482-A requirements | Town asserts it benefits from covenants and has standing to enforce them. | Covenants are enforceable only by beneficiaries; Town lacks standing. | No; Town lacks standing to enforce deed covenants, so summary judgment was proper. |
Key Cases Cited
- Lakeside Lodge v. Town of New London, 158 N.H.164 (N.H. 2008) (delegation of authority to municipalities for land use)
- Green Crow Corp. v. Town of New Ipswich, 157 N.H.344 (N.H. 2008) (distinguishes Green Crow on scope of municipal planning authority)
- Sabinson v. Trustees of Dartmouth College, 160 N.H.452 (N.H. 2010) (standards for reviewing summary judgment and evidence)
- Gephart v. Daigneault, 137 N.H.166 (N.H. 1993) (third-party beneficiary concept for covenants)