APPEAL OF DAVID DUVERNAY & a. (New Hampshire Department of Environmental Services)
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Excerpt:
Appeal of Town of Bethlehem, 154 N.H. 314, 318 (2006). "Agency findings are deemed prima facie lawful and reasonable and we do not sit as a trier of fact in reviewing them. However, we will overturn agency decisions when the appealing party shows by a clear preponderance of the evidence that the agency's decision is unjust, unreasonable or unlawful."
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