New Hampshire v. Maine, 532 U.S. 742, 15 (2001)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15

756

NEW HAMPSHIRE v. MAINE

Opinion of the Court

regulations have changed between the first and second proceeding), or the result of a change in facts essential to the prior judgment, cf. Montana v. United States, 440 U. S. 147, 159 (1979) ("changes in facts essential to a judgment will render collateral estoppel inapplicable in a subsequent action raising the same issues"). Instead, it is a case between two States, in which each owes the other a full measure of respect.

What has changed between 1976 and today is New Hampshire's interpretation of the historical evidence concerning the King's 1740 decree. New Hampshire advances its new interpretation not to enforce its own laws within its borders, but to adjust the border itself. Given Maine's countervailing interest in the location of the boundary, we are unable to discern any "broad interes[t] of public policy," 18 Wright § 4477, p. 784, that gives New Hampshire the prerogative to construe "Middle of the River" differently today than it did 25 years ago.

* * *

For the reasons stated, we conclude that judicial estoppel bars New Hampshire from asserting that the Piscataqua River boundary runs along the Maine shore. Accordingly, we grant Maine's motion to dismiss the complaint.

It is so ordered.

Justice Souter took no part in the consideration or decision of this case.

[Appendix containing Portsmouth Harbor to Isles of Shoals map follows this page.]

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15

Last modified: October 4, 2007