Attorney Justin Richardson obtained a favorable ruling from the Merrimack County Superior Court in Town of Newbury et al vs Department of Fish & Game et al. The case is featured in the September 24, 2012 edition of the Concord Monitor.
The Town opposed Fish & Game’s proposal to construct a two-acre parking lot and boat ramp on a three acre property on Lake Sunapee known as the Wild Goose. The property was acquired by the Land Conservation Investment Program in 1990 predicated on a proposal that it would be maintained “as natural as possible” and that no use of pavement would be necessary at the site.
The Court granted judgment in favor of the Town and the Lake Sunapee Protective Association, finding that the State agency was “not authorized by its governing statute to approve the project”. The State has indicated it will appeal the Court’s decision.
Justin C. Richardson is a partner in the firm’s municipal, utility and environmental practice groups and works in the firm’s Portsmouth office.