New Hampshire Department of Environmental Services v. Donald R. Lee, Sr.

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2014-0022, New Hampshire Department of
Environmental Services v. Donald R. Lee, Sr., the court on
January 30, 2015, issued the following order:

Having considered the brief, the memorandum of law, and the record
submitted on appeal, we conclude that oral argument is unnecessary in this
case. See Sup. Ct. R. 18(1). We affirm.

The defendant, Donald R. Lee, Sr., appeals an order of the Superior Court
(O’Neill, J.) assessing civil penalties against him following summary judgment in
favor of the plaintiff, the New Hampshire Department of Environmental Services
(DES). See RSA 482-A:14, :14-b (2013). We note that the defendant did not
appeal the summary judgment order. He argues that: (1) the trial court did not
rule on his “Objection to Incorrect Facts in Summary Judgment,” which was filed
after summary judgment was granted; (2) the trial court did not rule on his
“Motion to Proceed on Dredge and Fill Application,” also filed after summary
judgment was granted, the substance of which was addressed in the civil action
between the Ossipee Bluffs Association and him; (3) “the State is imposing a fine
for non-compliance, that the State has instrumented”; (4) the trial court failed to
address his testimony in its order; (5) “the Attorney General’s Office . . . has
decided to stop [him] from resolving this case”; and (6) “[t]he Attorney General’s
Office is representing a private party (Ossipee Bluffs Association).”

As the appealing party, the defendant has the burden of demonstrating
reversible error. Gallo v. Traina, 166 N.H. ___, ___ (decided September 12, 2014).
Based upon our review of the trial court’s order, the defendant’s challenges to it,
the relevant law, and the record submitted on appeal, we conclude that the
defendant has not demonstrated reversible error. See id.

Affirmed.

Dalianis, C.J., and Hicks, Conboy, Lynn, and Bassett, JJ., concurred.

Eileen Fox,
Clerk