Allen v. State

The defendant, the New Hampshire Wetlands Board (the board), appeals from a ruling of the Superior Court (O’Neil, J.), exercising jurisdiction pursuant to RSA 677:4, reversing an order of the board which had imposed an administrative fine in the amount of $1,400 and rejecting the State’s counterclaims seeking a civil penalty in the amount of $5,000 and removal of the plaintiffs’ retaining wall. For the following reasons, we reverse and remand.

In 1983 the plaintiffs, George T. Allen and Susan A. Allen, purchased a parcel of land located on Lake Winnipesaukee in the town of Meredith. In the…