Legal Opinion
Town of Pelham v. Browning Ferris Industries of New Hampshire, Inc.
Supreme Court of New Hampshire
Decided September 30, 1996No. 95-571PublishedCited by 5 opinions
1Opinion of the CourtThayer, 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, site plan, and health regulations. The superior court dismissed the petition, holding that RSA chapter 149-M preempts local control of landfill…
2Cases cited9 opinions
- Appeal of Coastal Materials Corp.Supreme Court of New Hampshire · 1987
- Doggett v. Town of North Hampton Zoning Board of AdjustmentSupreme Court of New Hampshire · 1994
- Public Service Co. v. Town of HamptonSupreme Court of New Hampshire · 1980
- Opinion of the JusticesSupreme Court of New Hampshire · 1992
- Stablex Corp. v. Town of HooksettSupreme Court of New Hampshire · 1982
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3Cited by5 opinions
- North Country Environmental Services, Inc. v. Town of BethlehemSupreme Court of New Hampshire · 2004
- JTR Colebrook, Inc. v. Town of ColebrookSupreme Court of New Hampshire · 2003
- Casico, Inc. v. City of ManchesterSupreme Court of New Hampshire · 1997
- Arthur Whitcomb, Inc. v. Town of CarrollSupreme Court of New Hampshire · 1996
- Bio Energy, LLC v. Town of HopkintonSupreme Court of New Hampshire · 2005