Appeal of New Hampshire Department of Transportation

The petitioner, the New Hampshire Department of Transportation (DOT), appeals a decision of the appeals board (board), see RSA 21-L:14 (2000), requiring that a driveway permit be granted to the respondent, David C. Dobbins. The permit would allow direct access to a State highway pursuant to an exception to the so-called three driveway rule promulgated by the DOT. The respondent filed a cross-appeal contesting the validity of the three driveway rule. We conclude that the three driveway rule is a valid exercise of the DOT’s administrative rulemaking authority and reverse the board’s decision.

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