Kittery Point Yacht Club v. Town of New Castle et al.

Issues on Appeal

The following summaries of the issues on appeal have been prepared by clerk’s office staff for the convenience of the public. The Supreme Court has neither approved nor reviewed any of the summaries. The parties’ filings and the applicable record — not these summaries — define and establish the issues that the Supreme Court will consider in a case. Please note that, in the interest of brevity, some issues in a listed case may have been combined or not summarized. In these summaries, “Rule Type” refers to the particular Supreme Court Rule under which the case has been docketed. “Type” and “Subtype” refer to the case type and case subtype, as determined in accordance with the definitions in the State Court Guide to Statistical Reporting, a publication of the Court Statistics Project (a joint project of the National Center for State Courts and the Conference of State Court Administrators).

Rule Type

Rule 7 Mandatory

Type

Administrative

Subtype

Municipal Board Decision

Whether the trial court erred by affirming the zoning decisions of the town’s zoning board of adjustment and code enforcement officer to prohibit the plaintiff from using its waterfront property to access the public waters of the State and its dock approved by the Department of Environmental Services, when the State has exclusive jurisdiction “to control the use of the public waters and the adjacent shoreland for the greatest public benefit” in its role as the “exclusive steward of public trust rights” and when municipalities have no “specific legislative authority to infringe upon the right to boat.” Lakeside Lodge v. New London, 158 N.H. 164 (2008).