Legal Opinion
Appeal of City of Keene
Supreme Court of New Hampshire
Decided April 29, 1997No. 95-867PublishedCited by 9 opinions
1Opinion of the CourtBroderick, J.
The petitioner, the City of Keene (city), appeals the Cheshire County Commissioners’ (commissioners) denial of the city’s request for a determination of public necessity, a statutory predicate to the city initiating eminent domain proceedings for an extraterritorial airport taking. See RSA 423:3 (1991). We vacate and remand.
The city owns and operates the Dillant-Hopkins Airport (airport), which lies almost entirely within the boundaries of the Town of Swanzey (town). Pursuant to this court’s ruling in City of Keene v. Armento, 139 N.H. 228, 651 A.2d 924 (1994), the city entered and surveyed…
2Cases cited17 opinions
- Velishka v. NASHUA HOUSING AUTHORITYSupreme Court of New Hampshire · 1954
- New Hampshire Milk Dealers' Ass'n v. New Hampshire Milk Control BoardSupreme Court of New Hampshire · 1966
- Appeal of DellSupreme Court of New Hampshire · 1995
- Winslow v. Town of Holderness Planning BoardSupreme Court of New Hampshire · 1984
- Sullivan County Regional Refuse Disposal District v. Town of AcworthSupreme Court of New Hampshire · 1996
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3Cited by9 opinions
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- Appeal of Town of SeabrookSupreme Court of New Hampshire · 2012
- Asmussen v. Commissioner, New Hampshire Department of SafetySupreme Court of New Hampshire · 2000
- Appeal of Wal-Mart StoresSupreme Court of New Hampshire · 2000
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