K & B Rock Crushing, LLC v. Town of Auburn

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. The application stated that 5.5 acres of the land would be excavated over twelve years, with “Phase I” involving excavation of approximately 1.6 acres.…