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TOWN OF SALISBURY v. NEW ENGLAND POWER CO.

No. 80-479.

121 N.H. 983 (1981)

TOWN OF SALISBURY v. NEW ENGLAND POWER COMPANY & a.

Supreme Court of New Hampshire.

November 16, 1981.

Attorney(s) appearing for the Case

Roger G. Burlingame, of Franklin, by brief and orally, for the plaintiff.

Orr & Reno, of Concord (Anne C. Hagstrom on the brief and orally), for the defendant New England Power Company.

Sheehan, Phinney, Bass & Green, of Manchester (Suzanne E. Groff on the brief and orally), for the defendant John C. Brown & Sons, Inc.

BROCK, J.

The issue in this case is whether an ordinance enacted by the town of Salisbury, restricting the use of chemical defoliants within the town, is valid. We hold that it is preempted by State law and is, therefore, invalid.

Subsequent to enactment of the ordinance in question, the defendant John C. Brown & Sons, Inc., hired by New England Power Company to keep its power line rights-of-way in the town of...

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