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LAKESIDE LODGE, INC. v. TOWN OF NEW LONDON

No. 2008-247.

960 A.2d 1268 (2008)

LAKESIDE LODGE, INC. v. TOWN OF NEW LONDON.

Supreme Court of New Hampshire.

Opinion Issued: December 5, 2008.

Attorney(s) appearing for the Case

Orr & Reno, P.A., of Concord (James P. Bassett and Jeffrey C. Spear, on the brief, and Mr. Bassett orally), for the petitioner.

Upton & Hatfield, LLP, of Concord (Barton L. Mayer, on the brief and orally), for the respondent.

HICKS, J.

The petitioner, Lakeside Lodge, Inc. (Lakeside), appeals an order of the Superior Court (Abramson, J.) affirming a boat use limit on Lakeside's Lake Sunapee dock, imposed by the Town of New London Zoning Board of Adjustment (ZBA). We hold that state law and regulations preempt the regulation imposed by the ZBA, and reverse.

The record supports the following relevant facts. Lakeside owns property in New London on Lake Sunapee's waterfront....

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