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COREY v. TOWN OF MERRIMACK

No. 94-170.

140 N.H. 426 (1995)

PAUL COREY AND MAJESTIC MOTORS, INC. v. TOWN OF MERRIMACK

Supreme Court of New Hampshire.

November 9, 1995.

Attorney(s) appearing for the Case

Richard D. Gaudreau, Attorney at Law, P.C., of Salem (Richard D. Gaudreau on the brief and orally), for the plaintiffs.

Bossie, Kelly, Hodes & Buckley, P.A., of Manchester (Laurence E. Kelly and Jeffery A. Strelzin on the brief, and Mr. Strelzin orally), for the defendant.

H. Bernard Waugh, Jr., of Concord, by brief for the New Hampshire Municipal Association, as amicus curiae.

BATCHELDER, J.

The defendant, the Town of Merrimack (town), appeals the decision of the Superior Court (Dalianis, J.) denying its motion to dismiss the State law takings claim of the plaintiffs, Paul Corey and Majestic Motors, Inc. The town challenges the trial court's ruling that RSA 236:90-:110 (1993) granted the State the exclusive right to license junkyards adjacent to certain highways and that the town's attempt to require a town license for the transfer...

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