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CONCORD STEAM CORP. v. CITY OF CONCORD

No. 86-051.

128 N.H. 724 (1986)

CONCORD STEAM CORPORATION v. CITY OF CONCORD

Supreme Court of New Hampshire.

November 7, 1986.

Attorney(s) appearing for the Case

Orr and Reno P.A., of Concord (Michael A. Pignatelli and Cordell A. Johnston on the brief, and Mr. Pignatelli orally), for the plaintiff.

Myers, Jordan & Duffy, of Concord (David W. Jordan on the brief and orally), for the defendant.

BATCHELDER, J.

This case arises out of a petition to abate sewer rent assessed against the plaintiff. RSA 149-I:15 (Supp. 1985). The Superior Court (DiClerico, J.) held that the method used by the City of Concord (City) in assessing sewer rates was unreasonable, unlawful, and unconstitutional as applied to Concord Steam Corporation (CSC), and the City appeals. We affirm.

CSC is in the business of producing steam and operates a steam generating plant...

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