Legal Opinion
State v. McCarthy
Supreme Court of New Hampshire
Decided October 24, 1977No. 7635PublishedCited by 6 opinions
1Opinion of the CourtGrimes, J.
The issue in this case is whether the land of the defendants which is adjacent to tidal water and which was filled by them is within the control of the state under RSA 483-A: 1-a I (Supp. 1975). We hold that it is not. The constitutionality of the statute is not raised in this case. See Sibson v. State, 115 N.H. 124, 336 A.2d 239 (1975).
The defendants are owners of land on Ocean Boulevard in Hampton adjacent to tidal waters. The state, in October 1974, filed a petition seeking to compel the defendants to remove certain fill alleged to have been placed by them in violation of RSA 483-A: 1…
2Cases cited2 opinions
- Sibson v. StateSupreme Court of New Hampshire · 1975
- Household Goods Carriers Ass'n v. OuelletteSupreme Court of New Hampshire · 1966
3Cited by6 opinions
- Beaudoin v. BeaudoinSupreme Court of New Hampshire · 1978
- Chagnon Lumber Co., Inc. v. DeMulderSupreme Court of New Hampshire · 1981
- Automated Housing Corp. v. First Equity Associates, Inc.Supreme Court of New Hampshire · 1981
- Plaistow Bank & Trust Co. v. WebsterSupreme Court of New Hampshire · 1981
- State v. MarshallSupreme Court of New Hampshire · 1985
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