K & B ROCK CRUSHING v. TOWN OF AUBURN

No. 2005-211.

153 N.H. 566 (2006)

K & B ROCK CRUSHING, LLC & a. v. TOWN OF AUBURN

Supreme Court of New Hampshire.

Opinion Issued: May 19, 2006


Attorney(s) appearing for the Case

Hebert & Uchida, PLLC, of Concord (Richard Y. Uchida and Quentin J. Blaine on the brief), for the petitioners.

Wadleigh, Starr & Peters, PLLC, of Manchester (Dean B. Eggert on the brief), for the respondent.

Gottesman & Hollis, PA, of Nashua (Anna B. Hantz on the memorandum of law), for intervenors Canedy, Canedy, and Chalmers.

Stephen Blaha, by brief, as intervenor, pro se.


GALWAY, J.

The respondent, Town of Auburn (town), appeals a decision of the Superior Court (Morrill, J.) ruling that the petitioners, K & B Rock Crushing, LLC and Keith Babb, were entitled to submit to the Town of Auburn Planning Board (board) an application for a permit to excavate 5.5 acres. We reverse.

The record supports the following facts. The petitioners applied to the board for a permit to excavate and crush rock on a tract of land in Auburn...

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