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ENERGYNORTH NATURAL GAS v. CITY OF CONCORD

No. 2011-723.

48 A.3d 960 (2012)

ENERGYNORTH NATURAL GAS, INC. d/b/a National Grid NH v. CITY OF CONCORD.

Supreme Court of New Hampshire.

Opinion Issued: July 18, 2012.

Attorney(s) appearing for the Case

McLane, Graf, Raulerson & Middleton, P.A., of Manchester ( Ralph F. Holmes and Katie Kiernan Marble on the brief, and Mr. Holmes orally), for the petitioner.

City Solicitor's Office, of Concord ( James W. Kennedy and Danielle L. Pacik on the brief, and Mr. Kennedy orally), for the respondent.

DALIANIS, C.J.

The respondent, the City of Concord (City), appeals an order of the Superior Court (McNamara, J.) denying summary judgment to the City and granting it to the petitioner, EnergyNorth National Gas, Inc. d/b/a National Grid NH (National Grid). The City argues that the trial court erroneously determined that RSA 231:185 (2009) and RSA 236:11 (2009) preempted the City's ordinance authorizing it to charge certain roadway fees. We reverse and remand...

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