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Legal Opinion

Appeal of Garrison Place Real Estate Investment Trust

Supreme Court of New Hampshire

Decided December 16, 2009No. 2009-037PublishedCited by 11 opinions

1Opinion of the CourtDuggan, J.

This appeal arises from the issuance of a wetlands permit to the petitioner, Garrison Place Real Estate Investment Trust (Garrison Place), by the New Hampshire Department of Environmental Services (DES). The respondent, Town of Barrington (town), appealed the issuance to the New Hampshire Wetlands Council (wetlands council or council). The wetlands council remanded the matter to DES. Garrison Place now appeals. We reverse the wetlands council’s order.

The following facts are drawn from the administrative record. USA Springs, Inc. filed a request with DES for a large groundwater withdrawal…

2Cases cited4 opinions

  1. State v. CobbSupreme Court of New Hampshire · 1999
  2. Appeal of Astro Spectacular, Inc.Supreme Court of New Hampshire · 1994
  3. State v. ComeauSupreme Court of New Hampshire · 1997
  4. Greenland Conservation Commission v. New Hampshire Wetlands CouncilSupreme Court of New Hampshire · 2006

3Cited by11 opinions

  1. Atwater v. Town of PlainfieldSupreme Court of New Hampshire · 2010
  2. Hemenway v. HemenwaySupreme Court of New Hampshire · 2010
  3. New Hampshire Resident Ltd. Partners v. New Hampshire Department of Revenue AdministrationSupreme Court of New Hampshire · 2011
  4. In Re of GraySupreme Court of New Hampshire · 2010
  5. Appeal of CarnahanSupreme Court of New Hampshire · 2010

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