Appeal of Thomas Morrissey

Petitioners Thomas Morrissey, Margaret Russell, Dorothy Sears, Reginald Rogers, Barbara Sanders and others appealed a ruling of the New Hampshire Department of Environmental Services (DES) Wetlands Council (Council) that affirmed the issuance by the Wetlands Bureau of a permit to respondent Town of Lynne. Petitioners argued that when issuing the wetlands permit, the Bureau and Council did not consider the total wetlands impact of the proposed project because they misinterpreted the scope of the Supreme Court's ruling in an earlier case. Agreeing that the Bureau misinterpreted the applicable statutes, and it did not consider the total wetlands impact of the proposed project, the Supreme Court vacated DES' decision and remanded the case to the Council for further proceedings.