Temple went before the state Supreme Court Tuesday for an appeal by residents Alan Marsh and John Jackson-Marsh regarding their property on West Road

Marsh and Jackson-Marsh keep a variety of aging construction vehicles and machinery. The town considers it a junkyard, and has requested that the owners apply for permits.  Marsh and Jackson-Marsh contend the collection is not junk, but antiques, and that acquiring them is their hobby.

In the spring of 2023, Hillsborough County Superior Court sided with Temple and ordered the owners to apply for the necessary permits or remove the equipment. They appealed the ruling, and on Tuesday, the state’s highest court heard the matter. 

Representing Marsh and Jackson-Marsh, attorney Russ Hilliard of Upton & Hatfield said they are members of Northeast Chapter of the Historical Construction Equipment Association, and that they transport pieces of equipment to various events as part of a hobby. 

“It’s a vast collection,” responded Associate Justice Patrick Donovan.

Temple was represented by Joe Driscoll of the Mitchell Municipal Group who said that a court earlier concluded that the site was “a non-commercial enterprise use as a junkyard that is allowed by special exception in the ordinance. As such, site plan approval is necessary, and has not been applied for even though it was required by court order.”

He also said that the Select Board requires a junkyard license in such cases.

“To say that the entire collection is antique is not correct. I believe grease wouldn’t fall into this category,” said Driscoll.

Driscoll said that in 2018, Temple informed Marsh and Jackson-Marsh that they were in violation of town zoning ordinances, and that they missed their opportunity to challenge the ruling.

“You have 2 1/2 to three acres of equipment, not stored inside a permanent structure. They can be seen from the road,” said Driscoll.

Hilliard addressed the court again with unused time for his argument.

“It’s a personal use of their residence,” he said.

“It occupies their time and attention,” said Chief Justice Gordon MacDonald.

Therefore, MacDonald said it was  a business, but Hilliard responded, “It has no business aspects whatsoever.”

The court gave no indication as to when it could issue its ruling.