State Supreme Court rules for Temple in case of alleged junkyard

A crane on a West Road property in Temple claimed by property owners Alan Marsh and John Jackson-Marsh to be part of an antique collection of machinery.

A crane on a West Road property in Temple claimed by property owners Alan Marsh and John Jackson-Marsh to be part of an antique collection of machinery. —STAFF PHOTO BY DAVID ALLEN

Two pieces of heavy equipment on the property owned by Alan Marsh and John Jackson-Marsh on West Road in Temple.

Two pieces of heavy equipment on the property owned by Alan Marsh and John Jackson-Marsh on West Road in Temple. STAFF PHOTO BY DAVID ALLEN

A crane and piece of large machinery on the property owned by Alan Marsh and John Jackson-Marsh on West Road in Temple.

A crane and piece of large machinery on the property owned by Alan Marsh and John Jackson-Marsh on West Road in Temple. —STAFF PHOTO BY DAVID ALLEN

By DAVID ALLEN

Monadnock Ledger Transcript 

Published: 01-02-2025 12:02 PM

The state Supreme Court has ruled in favor of the Town of Temple and against a pair of property owners in a case involving a collection aging construction vehicles and machinery on private property.

In December, the town went before the state Supreme Court 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 on their property. The town considers it a junkyard, and has requested that the owners apply for permits in a dispute dating back to 2017. 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. Marsh and Jackson-Marsh appealed the ruling, and the state’s highest court issued its ruling on Dec. 31. In its unanimous opinion, the court stated that the lower court’s ruling in the town’s favor was “thorough and well-reasoned,” and that “the defendants have not demonstrated reversible error.” 

A “reversible error” is a legal concept referring to a significant mistake in a trial’s proceedings. Affirming the lower court’s decision by finding no error in it, this decision will require Marsh and Jackson-Marsh to apply for permits from the town regarding the presence of the heavy equipment on their land.

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