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ARTHUR WHITCOMB, INC. v. TOWN OF CARROLL

No. 95-309.

141 N.H. 402 (1996)

ARTHUR WHITCOMB, INC. D/B/A TWIN MOUNTAIN SAND & GRAVEL v. TOWN OF CARROLL

Supreme Court of New Hampshire.

November 13, 1996.

Attorney(s) appearing for the Case

Gallagher, Callahan & Gartrell, P.A., of Concord (Donald E. Gartrell and Andrew B. Eills on the brief, and Mr. Eills orally), for the plaintiff.

Daniel D. Crean, of Concord, by brief and orally, for the defendant.

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

JOHNSON, J.

This case concerns the extent to which the defendant, the Town of Carroll (town), may regulate the commercial excavation operation of the plaintiff, Arthur Whitcomb, Inc. d/b/a Twin Mountain Sand & Gravel (Whitcomb). The town appeals the Superior Court's (Lynn, J.) ruling that: (1) RSA chapter 155-E (1994) preempts the town's zoning ordinances and site plan review regulations; (2) RSA 155-E:2, III(a...

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