Town of Temple v. John H. Jackson-Marsh & a.

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2023-0687, Town of Temple v. John H.
Jackson-Marsh & a., the court on December 31, 2024, issued the
following order:

The court has reviewed the written arguments and the record submitted
on appeal, has considered the oral arguments of the parties, and has
determined to resolve the case by way of this order. See Sup. Ct. R. 20(2). The
defendants, John H. Jackson-Marsh and Alan H. Marsh, appeal an order of the
Superior Court (Temple, J.) granting the plaintiff, the Town of Temple (Town),
injunctive relief against the defendants for violations of the junkyard statute,
RSA 236:114 (2009), and the Town’s zoning ordinance. We affirm.

The defendants argue that the trial court erred by: (1) interpreting the
Town’s zoning ordinance as “permissive”; (2) finding that the “‘hobby’ of
collecting antique construction equipment is an ‘enterprise’ within the context
of the ordinance”; and (3) concluding that the statutory definition of junkyard
applies.

We have reviewed the defendants’ arguments. As the appealing parties,
the defendants have the burden of demonstrating reversible error. Gallo v.
Traina, 166 N.H. 737, 740 (2014). Based upon our review of the trial court’s
thorough and well-reasoned order, the defendants’ challenges to it, the relevant
law, and our review of the record submitted on appeal, we conclude that the
defendants have not demonstrated reversible error. See id. Accordingly, we
affirm the trial court’s decision. See id.; Sup. Ct. R. 25(8).

Affirmed.

MACDONALD, C.J., and BASSETT, DONOVAN, and COUNTWAY, JJ.,
concurred.

Timothy A. Gudas,
Clerk