LEGAL ASPECTS OF PUBLIC WORKS.(Town of Nelson vs. New Hampshire Department of Transportation)

Public Works, August, 2001

Reclassifying road maintenance responsibility. The Supreme Court of New Hampshire, in its ruling on the appeal of Town of Nelson vs. New Hampshire Department of Transportation, stated in part: "The plaintiff, the town of Nelson, appealed from a ruling by the Superior Court that the reclassification of two segments of Old Route 9 did not impose an unconstitutional, unfunded mandate on the town. The defendant, the New Hampshire Department of Transportation, cross-appealed, arguing that the trial court erred in ruling that the town's untimely appeal did not bar its challenge to the reclassification of Old Route 9.

"This dispute arose from the construction of a new bypass, which required the reclassification of certain segments of Old Route 9 in Nelson. Route 9 is...

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