Legal Opinion
New Hampshire Department of Environmental Services v. Mottolo
Supreme Court of New Hampshire
Decided March 6, 2007No. 2006-363PublishedCited by 17 opinions
1Opinion of the CourtGalway, J.
The defendant, Richard A. Mottolo, appeals an order of the Trial Court (.Fitzgerald, J.) granting a preliminary and permanent injunction to the plaintiff, New Hampshire Department of Environmental Services (DES). We affirm in part, vacate in part and remand.
The record supports the following facts. Between 1975 and 1979, the defendant, as part of his chemical waste disposal business, improperly buried numerous barrels of waste on his 50-acre parcel in Raymond. In 1979, when it learned of the disposal site, DES began addressing the waste and the soil and groundwater contamination caused…
2Cases cited13 opinions
- University of Texas v. CamenischSupreme Court of the United States · 1981
- Instant Air Freight Co. v. C.F. Air Freight, Inc.Court of Appeals for the Third Circuit · 1989
- State v. LambertSupreme Court of New Hampshire · 2001
- Kukene v. GenualdoSupreme Court of New Hampshire · 2000
- United States v. Massachusetts Water Resources AuthorityCourt of Appeals for the First Circuit · 2001
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3Cited by17 opinions
- Moore v. Mortgage Electronic Registration System, Inc.District Court, D. New Hampshire · 2012
- Town of Barrington v. TownsendSupreme Court of New Hampshire · 2012
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- Town of Atkinson v. Malborn Realty TrustSupreme Court of New Hampshire · 2012
- Mortgage Specialists, Inc. v. Implode-Explode Heavy Industries, Inc.Supreme Court of New Hampshire · 2010
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