State of New Hampshire v. State of Maine (532 U.S. 742)

U.S. Supreme Court · decided May 29, 2001 · Supreme Court Database (Spaeth)

Citation
532 U.S. 742 · 121 S. Ct. 1808
Decided
May 29, 2001
Term
October Term 2000
Vote
8–0
Majority author
Justice Ginsburg
Issue area
Interstate Relations
Disposition
Petition denied or appeal dismissed
Outcome
Petitioning party lost
Ideological direction
Unspecifiable

Opinion excerpt

Justice Ginsburg delivered the opinion of the Court. The Piscataqua River lies at the southeastern end of New Hampshire’s boundary with Maine. The river begins at the headwaters of Salmon Falls and runs seaward into Portsmouth Harbor (also known as' Piscataqua Harbor). On March 6, 2000, New Hampshire brought this original action against Maine, claiming that the Piscataqua River boundary runs along the Maine shore and that the entire river and all of Portsmouth Harbor belong to New Hampshire. Maine has filed a motion to dismiss on the ground that two prior proceedings — a 1740 boundary determination by King George II and a 1977 consent judgment entered by this Court — definitively fixed the Piscataqua River boundary at the middle of the river’s main channel of navigation. The 1740 decree located the Piscataqua River boundary at the “Middle of the River.” Because New Hampshire, in the 1977 proceeding, agreed without reservation that the words “Middle of the River” mean the middle of the Pis-cataqua River’s main channel of navigation, we conclude that New Hampshire is estopped from asserting now that the boundary runs along the Maine shore. Accordingly, we grant Maine’s motion to dismiss the complaint. I New Hampshire and Maine share a border that runs from northwest to southeast. At the southeastern end of the border, the easternmost point of New Hampshire meets the…

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