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THE SUPREME COURT OF NEW HAMPSHIRE
___________________________
Sullivan
No. 99-770
RICHARD E. KENNEDY
v.
TOWN OF SUNAPEE & a.
October 9, 2001
Law Office of Robert I. Morgan, of Claremont, and Law Firm of Shane R. Stewart, P.L.L.C., of Concord (Robert I. Morgan and Shane R. Stewart on the brief, and Mr. Morgan orally), for the plaintiff.
Sulloway & Hollis, P.L.L.C., of Concord (Martin L. Gross and William D. Pandolph on the brief, and Mr. Pandolph orally), for the defendants.
Broderick, J. The plaintiff, Richard E. Kennedy, appeals an order of the Superior Court (Morrill, J.) affirming the decision of the Town of Sunapee Water and Sewer Commission (commission) requiring him to connect to a public sewer system. We affirm.
The record supports the following facts. The Town of Sunapee (town) borders Lake Sunapee (lake), which is designated a class "A" lake by statute. RSA 485-A:8 (Supp. 2000). As such, it must be of the "highest quality" and no sewage may be discharged into it. See id. In the early 1970s, the town and the commission began to address the issue of proper sewage disposal management. The town believed, and an independent study confirmed, that private septic systems were potential polluters of the town’s surface and subsurface waters, including the lake. In response to this health, welfare and safety concern, the town began constructing public sewer lines to protect its water resources.
In 1973, the town adopted section 2.01 of the Sunapee Sewer Ordinance (ordinance), which requires any occupied building within 300 feet of a public sewer line to be connected to it. The distance was selected to protect the lake from pollution while also keeping connection costs affordable. In its current form, the ordinance does not allow for any waiver of its requirements.
Since 1869, property owners have been required by statute to connect to public sewer lines located within 100 feet of an occupied building. See Laws 1869, ch. 8,