New Hampshire Revised Statutes 485:20 – Injunctions
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I. The superior court shall have power to issue injunctions restraining any person from violating the provisions of N.H. Rev. Stat. § 485:17.
II. Municipalities may apply to a justice of the superior court for injunctive relief against existing or impending violations of N.H. Rev. Stat. § 485:17. The municipality shall give notice of any such action to the attorney general and the commissioner of environmental services, who may take such steps as they deem necessary to ensure uniform statewide enforcement, including but not limited to joining the action, assuming sole prosecution of the action, or, as of right, dismissing the action without prejudice. Such notice shall be given at least 30 days prior to the commencement of any such action, unless more immediate action is necessary to prevent irreparable environmental damage or other serious public harm, in which case such notice shall be given as soon as practicable, but in no event later than the date of commencement of the action. This paragraph shall not be construed to affect, in any manner, existing authority of municipalities to act based upon the provisions of other statutes or local ordinances.
II. Municipalities may apply to a justice of the superior court for injunctive relief against existing or impending violations of N.H. Rev. Stat. § 485:17. The municipality shall give notice of any such action to the attorney general and the commissioner of environmental services, who may take such steps as they deem necessary to ensure uniform statewide enforcement, including but not limited to joining the action, assuming sole prosecution of the action, or, as of right, dismissing the action without prejudice. Such notice shall be given at least 30 days prior to the commencement of any such action, unless more immediate action is necessary to prevent irreparable environmental damage or other serious public harm, in which case such notice shall be given as soon as practicable, but in no event later than the date of commencement of the action. This paragraph shall not be construed to affect, in any manner, existing authority of municipalities to act based upon the provisions of other statutes or local ordinances.
Terms Used In New Hampshire Revised Statutes 485:20
- Commissioner: means the commissioner of the department of environmental services. See New Hampshire Revised Statutes 485:1-a
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- Person: means any individual, partnership, company, public or private corporation, political subdivision or agency of the state, department, agency or instrumentality of the United States, or any other legal entity. See New Hampshire Revised Statutes 485:1-a