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APPEAL OF PUBLIC SERV. CO. OF N.H.

No. 82-406. No. 82-545.

124 N.H. 79 (1983)

APPEAL OF PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE. APPEAL OF TOWN OF SEABROOK. (New Hampshire Water Supply and Pollution Control Commission)

Supreme Court of New Hampshire.

October 24, 1983.

Attorney(s) appearing for the Case

Sulloway, Hollis & Soden, of Concord (Robert M. Larsen on the brief and orally), for Public Service Company of New Hampshire.

Upton, Sanders & Smith, of Concord (Russell F. Hilliard and Richard F. Upton on the brief, and Mr. Upton orally), for the Town of Seabrook.

Casassa, Mulherrin & Ryan, of Hampton, for the Town of Hampton Falls, joins in the Town of Seabrook's brief.

KING, C.J.

In May 1971, the New Hampshire Legislature passed H.B. 494 (codified at RSA 72:12-a (Supp. 1981)), which created an incentive for the reduction of air and water pollution by exempting air and water pollution control facilities from property taxation over a twenty-five-year period. In these appeals from decisions of the water supply and pollution control commission, the issue is whether a partially-completed pollution control facility is eligible for a proportionate...

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