Decision 31506
Served (printed as 5/1/2001) · Decision · Entire Board
FOUND THAT AYER'S PLANNING BOARD PERMIT PROCESS, THE ORDINANCE DETERMINING THAT AUTOMOBILE UNLOADING FACILITIES ARE A 'NOISOME TRADE' OR NUISANCE, AND THE CONSERVATION COMMISSION'S PRE-APPROVAL PROCESS ARE ALL PREEMPTED UNDER 49 U.S.C. 10501(B) AND THE COURT AND AGENCY DECISIONS INTERPRETING IT; AND (2) PROVIDED GUIDANCE FOR THE COURT AS TO THE REASONABLENESS OF THE TYPES OF CONDITIONS AYER WOULD HAVE IMPOSED ON GUILFORD IN THIS CASE.
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