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BIO ENERGY v. TOWN OF HOPKINTON

No. 2004-847.

153 N.H. 145 (2005)

BIO ENERGY, LLC & a. v. TOWN OF HOPKINTON.

Supreme Court of New Hampshire.

Opinion Issued: December 30, 2005

Attorney(s) appearing for the Case

Sheehan Phinney Bass + Green, P.A., of Manchester (William J. Donovan & a. on the brief, and Mr. Donovan orally), for the plaintiffs.

Upton & Hatfield, LLP, of Concord (Russell F. Hilliard and Matthew R. Serge on the brief, and Mr. Hilliard orally), for the defendant.

New Hampshire Municipal Association, of Concord (Cordell A. Johnston on the brief) as amicus curiae.

BRODERICK, C.J.

The parties appeal decisions of the Superior Court (Fitzgerald, J.) pertaining to Bio Energy, LLC's proposed use of construction and demolition debris woodchips as a source of fuel in its co-generation facility, and a cease and desist order issued by the defendant Town of Hopkinton (town), regarding operation of the facility. We affirm in part, reverse in part, and remand.

I

Since 1983, plaintiff Bio Energy, LLC (Bio Energy...

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