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WISNIEWSKI v. GEMMILL

No. 82-245.

123 N.H. 701 (1983)

ROBERT T. WISNIEWSKI & a. v. JOHN GEMMILL & a.

Supreme Court of New Hampshire.

August 31, 1983.

Attorney(s) appearing for the Case

Raymond A. Burgess, of Manchester, by brief and orally, for the plaintiffs.

Upton, Sanders & Smith, of Concord (Gilbert Upton on the brief and orally), for the defendants.

KING, C.J.

This appeal requires us to determine whether the enactment of RSA chapter 483-A vested exclusive jurisdiction in the New Hampshire Water Resources Board, now the New Hampshire Wetlands Board, over actions involving State waters.

In 1973, the plaintiffs, Robert Wisniewski and Janet Wisniewski, purchased a two-and-one-half-acre tract of land in Hebron, which bordered on the oxbow of the Cockermouth River near the northern end of Newfound Lake. The...

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