HARRIET E. CADY
TOWN OF DEERFIELD
Argued: November 16, 2016
Harriet E. Cady, self-represented party, by brief.
& Hatfield, LLP, of Concord (Barton L. Mayer and Michael
P. Courtney on the brief, and Mr. Mayer orally), for the
petitioner, Harriet E. Cady, appeals an order of the Superior
Court (Delker, J.) denying her petition for
injunctive relief against the respondent, the Town of
Deerfield (Town). We affirm.
relevant facts are as follows. The Town has adopted the
provisions of RSA 40:13 (Supp. 2016), pursuant to which it
conducts its town meetings in two sessions. As such, the Town
is a so-called SB 2 municipality. See RSA 40:14, V
(Supp. 2016). The first session is deliberative in nature and
consists of "explanation, discussion, and debate"
over each proposed warrant article. RSA 40:13, IV (Supp.
2016). Warrant articles may be amended at the deliberative
session, subject to the following statutory limitations:
(a) Warrant articles whose wording is prescribed by law shall
not be amended.
(b)Warrant articles that are amended shall be placed on the
official ballot for a final vote on the main motion, as
(c) No warrant article shall be amended to eliminate the
subject matter of the article. An amendment that changes
the dollar amount of an appropriation in a warrant article
shall not be deemed to violate this subparagraph.
RSA 40:13, IV(a)-(c) (emphasis added). Final voting occurs by
official ballot during the second session. RSA 40:13, VI-VII.
January 30, 2016, the Town held a deliberative session.
During the session, two petitioned warrant articles, titled
Article 16 and Article 17, were considered and amended as
follows. The original text of Article 16 read:
We the undersigned registered voters of [Town] petition the
[Town] Welfare Director be an elected position as of March,
2016 to be paid no more than $5, 000 per year with no raises
as an employee but raises to be ...