State v. Hutchins

The issue before us is whether the city of Portsmouth has jurisdiction to enact an ordinance that restricts the routes over which propane hauling vehicles may be operated within the city limits of Portsmouth, but outside the “compact zone” as determined by the commissioner of public works and highways. We find that this regulation has not been preempted by the state and that the city of Portsmouth has acted within its statutory authority to regulate the transportation of hazardous materials inside city limits.

The defendants are employees of Northeast Cartage Company, Inc., a New Hampshire…