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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.

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.