Wasserman v. City of Lebanon

We have consolidated for purposes of appeal an interlocutory transfer without ruling, see Supreme Court Rule 9, and an appeal from a ruling of the superior court. The issues in the two actions are related and arise out of a common factual background. The decisions of the Lebanon Zoning Board of Adjustment and Planning Board are the focus of the controversy. Those decisions deny the plaintiffs’ predecessor-in-interest permission to build a replacement dam, on a site known as the Cummings Dam, on the Mascoma River in Lebanon.

The principal question before us is whether RSA chapters 481 and 482…