Stablex Corp. v. Town of Hooksett

This is an appeal by the plaintiff, Stablex Corporation, from an adverse decision of the Superior Court (Dunfey, C.J.), disposing of its joint petition: (1) seeking a declaratory judgment, and (2) appealing a decision of the Town of Hooksett’s Planning Board. For the reasons that follow, we reverse.

Since 1980, Stablex has been in the process of attempting to obtain State and local approval of its plan to construct a hazardous waste disposal facility in Hooksett. In its petition for declaratory judgment, Stablex challenged the legality of certain ordinances adopted by the Town of Hooksett,…