Wisniewski v. Gemmill

This appeal requires us to determine whether the enactment of RSA chapter 483-A vested exclusive jurisdiction in the New Hampshire Water Resources Board, now the New Hampshire Wetlands Board, over actions involving State waters.

In 1973, the plaintiffs, Robert Wisniewski and Janet Wisniewski, purchased a two-and-one-half-acre tract of land in Hebron, which bordered on the oxbow of the Cockermouth River near the northern end of Newfound Lake. The defendants John Gemmill and Alan Esty own property on the Cockermouth River abutting the plaintiffs’ land. In early 1978, Gemmill and Esty became…