New Hampshire v. Maine

PETITIONER: New Hampshire
RESPONDENT: Maine
LOCATION: Vermillion Police Station

DOCKET NO.: 64 ORIG
DECIDED BY: Burger Court (1975-1981)
LOWER COURT:

CITATION: 426 US 363 (1976)
ARGUED: Apr 19, 1976
DECIDED: Jun 14, 1976

ADVOCATES:
Edward Bradley - for plaintiff
Richard Upton - for defendant

Facts of the case

Question

Media for New Hampshire v. Maine

Audio Transcription for Oral Argument - April 19, 1976 in New Hampshire v. Maine

Audio Transcription for Opinion Announcement - June 14, 1976 in New Hampshire v. Maine

William J. Brennan, Jr.:

The other case is an original action, No. 64 Original, brought by the State of New Hampshire against the State of Maine to locate the lateral boundary separating the states between the mouth of Portsmouth Harbor and the entrance to Gosport Harbor in the Isles of Shoals.

Now that boundary had in fact been fixed by a decree 236 odd years old of King George II of England, but the states weren’t sure exactly where it was located.

In this proceeding before -- it came to trial before the Special Master, the states agreed on that location and they submitted a consent decree, fixing the location.

The Special Master thought that a consent decree should be entered provided its entry was consistent with this Court’s Article III functions in cases of this character.

For reasons expressed in an opinion we have filed, we think that the entry of that decree does comport with our Article III functions and therefore direct the entry of the consent decree.

Mr. Justice White has filed a dissenting opinion in which Mr. Justice Blackmun and Mr. Justice Stevens join.

Warren E. Burger:

Thank you, Mr. Justice Brennan.