Supreme Court of New Hampshire December 30, 2005, No. 2004-847 (Bio Energy, LLC v. Town of Hopkinton)

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.