Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Cady v. Town of Deerfield

Supreme Court of New Hampshire

January 18, 2017

HARRIET E. CADY
v.
TOWN OF DEERFIELD

          Argued: November 16, 2016

         Rockingham

          Harriet E. Cady, self-represented party, by brief.

          Upton & Hatfield, LLP, of Concord (Barton L. Mayer and Michael P. Courtney on the brief, and Mr. Mayer orally), for the respondent.

          LYNN, J.

         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.

         I

         The 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 amended.
(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.

         On 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.