CLAREMONT SCHOOL DIST. v. GOVERNOR

No. 92-711.

138 N.H. 183 (1993)

CLAREMONT SCHOOL DISTRICT & a. v. GOVERNOR & a.

Supreme Court of New Hampshire.

December 30, 1993.


Attorney(s) appearing for the Case

Shaheen, Cappiello, Stein and Gordon, of Concord (Andru H. Volinsky and Arpiar G. Saunders, Jr. on the brief, and Mr. Saunders orally), Sulloway and Hollis, of Concord (John Burwell Garvey on the brief), and Edward Damon, of Concord, on the brief, for the plaintiffs.

Jeffrey R. Howard, attorney general (Leslie J. Ludtke, senior assistant attorney general, on the brief and orally), for the State.

New Hampshire Legal Assistance, of Concord (John E. Tobin, Jr. and Abigail Turner on the brief, and Mr. Tobin orally), for Marie Ayer, Charles and Jeanne Watson, and John Bowler, as amici curiae.

McLane, Graf, Raulerson & Middleton P.A., of Manchester (Jack B. Middleton and Wilbur A. Glahn, III on the brief), for Ralph Degnan Hough, President of the New Hampshire Senate.

James F. Allmendinger, of Concord, staff attorney, NEA-New Hampshire, by brief for NEA—New Hampshire, as amicus curiae.

Theodore E. Comstock, of Concord, general counsel, New Hampshire School Boards Association, by brief for New Hampshire School Boards Association, as amicus curiae.

Douglas & Douglas, of Concord (Robert J. Rabuck on the brief), for Granite State Taxpayers' Association and Granite State Legal Foundation, as amici curiae.

John S. Lawton, by brief, pro se, as amicus curiae.


BROCK, C.J.

The Superior Court (Manias, J.) dismissed the plaintiffs' petition for injunctive relief and declaratory judgment for failure to state a claim upon which relief could be granted. The plaintiffs appeal the court's conclusion that the New Hampshire Constitution imposes no duty on the State to support the public schools. We hold that part II, article 83 imposes a duty on the State to provide a constitutionally adequate education to every educable child...

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