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GUILDHALL SAND & GRAVEL, LLC v. TOWN OF GOSHEN

No. 2006-860.

929 A.2d 199 (2007)

GUILDHALL SAND & GRAVEL, LLC v. TOWN OF GOSHEN and another.

Supreme Court of New Hampshire.

Opinion Issued: July 20, 2007.

Attorney(s) appearing for the Case

Ransmeier & Spellman, P.C., of Concord (Timothy E. Britain and John T. Alexander on the brief, and Mr. Alexander orally), for the plaintiff.

Gardner, Fulton & Waugh, P.L.L.C., of Lebanon (H. Bernard Waugh, Jr. on the brief and orally), for defendant Town of Goshen.

C. Christine Fillmore, of Concord, by brief, for the New Hampshire Local Government Center, as amicus curiae.

DUGGAN, J.

The plaintiff, Guildhall Sand & Gravel, LLC, appeals, and the defendants, the Town of Goshen (Town) and the Town of Goshen Planning Board (planning board), cross-appeal an order of the Superior Court (Burling, J.), ruling that certain of the Town's excavation regulations are preempted by state law. We reverse and remand.

I. Background

The facts are not in dispute. The plaintiff owns a commercial excavation business, which...

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