Corey v. Town of Merrimack

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 of the plaintiffs’ junkyard was preempted by these provisions. We vacate and remand.

In 1981, plaintiff Paul Corey and his wife purchased Majestic…