Smith Cove Ass'n v. Special Board

By this petition for a writ of mandamus, the plaintiff association seeks to compel the defendant board as provided by RSA 482:41-g (See Laws 1971, 329:1) to request the attorney general to petition the superior court to order removal of certain wharves or piers at a site on land of the defendant Makris. The plaintiff alleges that the site is below the mean high water level of the waters of Lake Winnipesaukee, and that the defendant Makris has no grant from the Governor and Council as provided by RSA 482:41-f. The defendants moved to dismiss upon grounds that the plaintiff’s remedy is by…