Attorney General Philip T. McLaughlin announced today that the State has filed suit in Belknap County Superior Court against two Massachusetts men, Michael Kessel and Alan Karahalis, and two New Hampshire men, Richard O'Connell and Anthony C. Petrilli, III, for violations of the State's wetlands and shoreland protection laws. Kessel and Karahalis are doing business as South Bay Resort, and O'Connell and Petrilli are employees of the business.

South Bay Resort leases cabins on the western side of Routes 3 & 11, in Tilton, New Hampshire. Across the road from the resort complex, the defendants maintain a docking structure that extends into Winnisquam Lake. In its petition, the State maintains that the defendants constructed the docking structure, which has at least five separate "fingers" to accommodate a number of rental jet-skis, without a wetlands permit from the Department of Environmental Services (DES) as required by State law.

On May 24, 2000, DES inspected the site, observed O'Connell and Petrilli relocating the docking structure, and informed them that they needed a wetlands permit for the structure. Despite the defendants' awareness of the permit requirement, and DES's subsequent request that the defendants cease operating the docking structure, the State alleges that the defendants have neither applied for nor obtained the requisite wetlands permit. The State's lawsuit seeks removal of the structure, remediation of the affected area, and civil penalties for violations of the State's environmental laws.

Attorney General McLaughlin noted "Lake Winnisquam is held in trust by the State for the benefit of the public. Private individuals will not be allowed to profit from illegal docks. Those who seek to profit from illegal docks are subject to an enforcement action by DES and this office."

For further information, please contact Assistant Attorney General Christopher D. Helms at (603) 271-3679.