Nevins v. New Hampshire Department of Resources & Economic Development

The plaintiffs appeal from an order of the Superior Court (McGuire, J.) granting summary judgment to the defendants, the New *485Hampshire Department of Resources and Economic Development (DRED), the commissioner of DRED, and the administrator of the land management division. The court denied the plaintiffs’ request to declare that the defendants acted illegally in permitting the erection of a 180-foot telecommunication tower on the summit of Mt. Kearsarge and refused to order removal of the tower. We affirm.

In 1949, the Society for the Protection of New Hampshire Forests deeded to the State of…