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TOWN OF PELHAM v. BROWNING FERRIS INDUS. OF N.H.

No. 95-571.

141 N.H. 355 (1996)

TOWN OF PELHAM v. BROWNING FERRIS INDUSTRIES OF NEW HAMPSHIRE, INC. & a.

Supreme Court of New Hampshire.

September 30, 1996.

Attorney(s) appearing for the Case

Soule, Leslie, Zelin, Sayward & Loughman, of Salem (Diane M. Gorrow and Barbara F. Loughman on the brief, and Ms. Loughman orally), for the plaintiff.

Sheehan Phinney Bass + Green, P.A., of Manchester (Robert P. Cheney, Jr. on the brief and orally), for Browning Ferris Industries of New Hampshire, Inc. and Browning Ferris Industries, Inc.

Jeffrey R. Howard, attorney general (Jeffrey A. Meyers, assistant attorney general, on the brief and orally), for the State of New Hampshire.

THAYER, J.

The State of New Hampshire Department of Environmental Services (DES) entered into a consent decree with Browning Ferris Industries of New Hampshire, Inc. and Browning Ferris Industries, Inc. (collectively, BFI) for the closure of a landfill located in the Town of Pelham (town). The town filed a petition with the Superior Court (Dalianis, J.) seeking to enjoin DES and BFI from proceeding with the closure without first complying with local zoning...

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