Legal Opinion
Lakeside Lodge, Inc. v. Town of New London
Supreme Court of New Hampshire
Decided December 5, 2008No. 2008-247PublishedCited by 7 opinions
1Opinion of the CourtHicks, J.
The petitioner, Lakeside Lodge, Inc. (Lakeside), appeals an order of the Superior Court (Abramson, J.) affirming a boat use limit on Lakeside’s Lake Sunapee dock, imposed by the Town of New London Zoning Board of Adjustment (ZBA). We hold that state law and regulations preempt the regulation imposed by the ZBA, and reverse.
The record supports the following relevant facts. Lakeside owns property in New London on Lake Sunapee’s waterfront. The property includes a private dock which has been used by Lakeside’s owners since at least the 1980s.
The respondent, Town of New London (Town), enacted a…
2Cases cited20 opinions
- Sundell v. Town of New LondonSupreme Court of New Hampshire · 1979
- Vlahos Realty Co. v. Little Boar's Head DistrictSupreme Court of New Hampshire · 1958
- North Country Environmental Services, Inc. v. Town of BethlehemSupreme Court of New Hampshire · 2004
- Dugas v. Town of ConwaySupreme Court of New Hampshire · 1984
- St. Joseph Hospital v. RizzoSupreme Court of New Hampshire · 1996
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3Cited by7 opinions
- Coan v. New Hampshire Department of Environmental ServicesSupreme Court of New Hampshire · 2010
- City of Okoboji, Iowa v. Leo Parks, Jr. And Okoboji Barz, Inc. D/B/A Okoboji Boat Works, Fish House Lounge and Clucker's Broasted ChickenSupreme Court of Iowa · 2013
- City of Manchester v. Secretary of StateSupreme Court of New Hampshire · 2010
- Coan v. NH DEPT. OF ENVIRONMENTAL SVCS.Supreme Court of New Hampshire · 2010
- Appeal of N. Miles Cook, IIISupreme Court of New Hampshire · 2018
2 more not listed; retrieve them via the Exa API.