DES (8)
Sat, 11/15/2008 - 23:07 — NHCaseLaw.com
BRODERICK, C.J. The petitioner, Town of Rindge, appeals an order of the New Hampshire Department of Environmental Services (DES) granting the respondent, Franklin Pierce University, a tax exemption under RSA 72:12-a (2003) (amended 2006) for its wastewater treatment facility. We affirm.
Wed, 07/02/2008 - 15:57 — NHCaseLaw.com
DUGGAN, J. The plaintiff, Derry Senior Development, LLC, appeals an order of the Trial Court (Coffey, J.) upholding the denial of its application for site plan approval of an independent adult community development in the Town of Derry (town) by the Town of Derry Planning Board (board). We hold that, because the New Hampshire Department of Environmental Services (DES) approved the plaintiff’s proposed sewage disposal system, the town has enacted no standards more stringent than the DES standards, see N.H. Admin. Rules, Env-Ws 1000-1025 (1999) (amended and readopted as Env-Wq 1000-1025 (2008)), and the record reveals no evidence suggesting that the plaintiff’s proposed system would not adequately protect all water supplies, the board unreasonably and unlawfully denied the plaintiff’s application for site plan approval. Accordingly, we reverse and remand.
Wed, 04/09/2008 - 22:56 — DLG
GALWAY, J. The plaintiff, North Country Environmental Services (NCES), appeals an order of the Superior Court (Lynn, C.J.) ruling in favor of the defendant, State of New Hampshire (State), on the parties’ cross-motions for summary judgment. We affirm.
Tue, 04/08/2008 - 00:15 — NHCaseLaw.com
NADEAU, J. The defendant, City of Manchester (city), appeals a decision by the Trial Court (Lynn, J.) that interprets RSA 485:14 (2001) to require approval by the voters of each municipality in which residents use water provided by the Manchester Water Works (MWW) before MWW can provide fluoridated water to any residents of the community. We affirm.
Mon, 02/25/2008 - 17:07 — DLG
The State of New Hampshire Fish and Game Department ("the State") moves for summary judgment in Docket No. 01-E-162, in which the Merrymeeting Lake Association and Nancy and Eleanor Bryant (collectively, "the plaintiffs") appeal from the New Hampshire Department of Environmental Services, Wetlands Council's denial of their Motion for Reconsideration. The plaintiffs object.
Mon, 02/25/2008 - 17:03 — DLG
The plaintiffs in this action are nineteen individuals who reside either in Manchester or in the surrounding towns of Auburn, Bedford, Goffstown, Hooksett and Londonderry. They seek declaratory and injunctive relief against the defendant City of Manchester (City) arising out of the Manchester Water Works' (MWW) allegedly unlawful action in implementing a water fluoridation program through the addition of a substance known as hydrofluorisilic acid (hereinafter "HFS") to the public water supply serving Manchester and portions of the other towns.
Mon, 02/25/2008 - 16:42 — DLG
The extended history of this case can be found in North Country Environmental Services, Inc. v. Town of Bethlehem, 146 N.H. 348, 350-52 (2001). At stake are the interests of the Town of Bethlehem (Town) in exerting local control over the expanding private landfill operations of North Country Environmental Services, Inc. (NCES) within Town boundaries, and the interests of NCES in pursuing the essential job of accepting and processing municipal solid waste, subject to the State’s comprehensive plan for Solid Waste Management, RSA 149 – M.
Mon, 02/25/2008 - 15:22 — DLG
This is an appeal by the Petitioners, six residents of Concord and Bow, New Hampshire, from the decision of the New Hampshire Wetlands Council (Council), affirming the issuance by the Wetlands Bureau of the Department of Environmental Services (DES) of a permit to the City of Concord (City) to fill approximately 3.56 acres of wetlands in connection with the construction of Phase II of the Northwest Bypass, the so-called Langley Parkway. Presently before the court is the City’s Motion for Summary Judgment. I heard oral argument on the motion and the Petitioners’ objections on March 16, 2004. I conclude that the City is entitled to summary judgment dismissing the appeal.