Legal Opinion

Bio Energy, LLC v. Town of Hopkinton

Supreme Court of New Hampshire

Decided December 30, 2005No. 2004-847PublishedCited by 8 opinions

1Opinion of the CourtBroderick, 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) has operated a wood co-generation facility in Hopkinton. The business involves the combustion of woodchips to generate steam and electricity. The electricity is sold to…

2Cases cited18 opinions

  1. Burrows v. City of KeeneSupreme Court of New Hampshire · 1981
  2. Royer v. State Department of Employment SecuritySupreme Court of New Hampshire · 1978
  3. Dumont v. Town of WolfeboroSupreme Court of New Hampshire · 1993
  4. North Country Environmental Services, Inc. v. Town of BethlehemSupreme Court of New Hampshire · 2004
  5. Tilton v. DoughertySupreme Court of New Hampshire · 1985

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3Cited by8 opinions

  1. Foundation for Seacoast Health v. HCA Health Services of New Hampshire, Inc.Supreme Court of New Hampshire · 2008
  2. Stephen E. Forster d/b/a Forster's Christmas Tree Farm & Gift Shoppe v. Town of HennikerSupreme Court of New Hampshire · 2015
  3. 1808 Corp. v. Town of New IpswichSupreme Court of New Hampshire · 2011
  4. Boehm v. Town of Sullivan's Island Bd. of Zoning AppealsCourt of Appeals of South Carolina · 2018
  5. Everett Ashton, Inc. v. City of ConcordSupreme Court of New Hampshire · 2016

3 more not listed; retrieve them via the Exa API.

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