STABLEX CORP. v. TOWN OF HOOKSETT

No. 82-220.

122 N.H. 1091 (1982)

STABLEX CORPORATION v. TOWN OF HOOKSETT & a.

Supreme Court of New Hampshire.

December 28, 1982.


Attorney(s) appearing for the Case

Devine, Millimet, Stahl & Branch P.A., of Manchester (Joseph A. Millimet and Kevin C. Devine on the brief, and Mr. Millimet orally), for the plaintiff.

Brown & Nixon P.A., of Manchester (David W. Hess on the brief and orally), for the defendants.

Gregory H. Smith, attorney general (E. Tupper Kinder, assistant attorney general, and Robert P. Cheney, Jr., attorney, on the brief, and Mr. Kinder orally), for the State of New Hampshire, as amicus curiae.

William E. Brennan P.A., of Manchester, and New England Legal Foundation, of Boston, Massachusetts (Mr. Brennan and Robert R. Ruddock on the brief), by brief for the Business and Industry Association of New Hampshire, as amicus curiae.


BROCK, J.

This is an appeal by the plaintiff, Stablex Corporation, from an adverse decision of the Superior Court (Dunfey, C.J.), disposing of its joint petition: (1) seeking a declaratory judgment, and (2) appealing a decision of the Town of Hooksett's Planning Board. For the reasons that follow, we reverse.

Since 1980, Stablex has been in the process of attempting to obtain State and local approval of its plan to construct a hazardous waste disposal...

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